February 2018

General antitrust

 The Serbian Competition Authority publishes a report into the sports footwear, sportswear and sports equipment markets
Karanovic & Partners (Belgrade)
Serbia 6 contributions 188 visits
On 1 February 2018, the Serbian Commission for Protection of Competition (“Commission“) published a report on its sector inquiry into the sports footwear, sportswear and sports equipment markets in the Republic of Serbia. The inquiry covered the period from 2014 to 2016. The sector inquiry was (...)

Anticompetitive practices

 The Danish Competition Authority fines an association of passenger carriers for bid-rigging (ØFP)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 125 contributions 34082 visits
The Danish Competition Council finds that a decision by an association of passenger carriers on coordinating the association’s bids is illegal* On February 28, 2018, The Danish Competition Council (DCC) has found that, the association of passenger carriers Økonomisk Forening for Persontransport (...)

The German Competition Authority allows a company to launch an online trading platform for steel products (Klöckner)
German Competition Authority (Bonn)
Germany 422 contributions 106144 visits
Klöckner allowed to launch digital platform for steel products* The Bundeskartellamt has no objections to plans by Klöckner & Co SE, Duisburg to set up the business to business online trading platform "XOM Metals" for the sale of steel products. After talks with the Bundeskartellamt, (...)

The Düsseldorf Higher Regional Court increases the fine against a drugstore company for vertical price fixing (Rossmann)
German Competition Authority (Bonn)
Germany 422 contributions 106144 visits
Vertical price fixing - Düsseldorf Higher Regional Court raises fine against drugstore chain Rossmann* Yesterday the Düsseldorf Higher Regional Court imposed a fine of 30 million euros against Dirk Rossmann GmbH (’Rossmann’). With its decision the Court has significantly raised the fine imposed by (...)

The EU Commission fines €546 million two maritime car carriers and four car parts suppliers in three separate cartel settlements (MOL / NYK / "K" Line / Wwl-Eukor / Csav / Denso / Bosch / NGK / TRW / Continental)
European Commission (Brussels)
Belgium 45 contributions 20017 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 26978 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 19992 visits
Four maritime car carriers, two suppliers of spark plugs and two suppliers of braking systems have been fined EUR 395 million, EUR 76 million and EUR 75 million respectively, in the framework of three separate cartel settlement decisions adopted by the European Commission. With regard to the (...)

The EU Commission fines maritime car carriers and car parts suppliers in three separate cartel cases (MOL / NYK / K Line / Wwl-Eukor / Csav) (Denso / Bosch / NGK) (TRW / Continental)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520886 visits
Antitrust: Commission fines maritime car carriers and car parts suppliers a total of €546 million in three separate cartel settlements* In three separate decisions, the European Commission has fined four maritime car carriers €395 million, two suppliers of spark plugs €76 million, and two (...)

The UK Court of Appeal adopts a ruling allowing plaintiffs in cartel damages actions to advance claims based on overcharges incurred outside of the EU when they ultimately hit the sales of their finished goods within the EU (Liyama)
Dentons (Brussels)
Belgium 3 contributions 2085 visits
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Levi Strauss (Brussels)
France 2 contributions 1483 visits
On February 16, 2018, the UK Court of Appeal adopted its much awaited ruling in the iiyama case. Taking stock of the Court of Justice (CoJ) ruling in Intel last year, the Court of Appeal allows plaintiffs in civil cartel damages actions to advance claims based on overcharges incurred by their (...)

The Turkish Competition Authority clarifies that restricting whole internet sales in a selective distribution system exceeds the objective of preventing online sales by non-authorized resellers (Jotun Boya Sanayi / Ticaret AŞhad)
Turkish Competition Authority (Ankara)
Turkey 1 contribution 183 visits
This case note analyses the Turkish Competition Board’s (Board) JOTUN decision dated 15.02.2018 with No.18-05/74-40; regarding the prohibition of Internet Sales in selective distribution system. In the recently published reasoned decision of JOTUN case, it is stated that in the selective (...)

The Turkish Competition Authority publishes a decision concerning resale prices and sales conditions of authorised dealers in the paint sector (Jotun Boya Sanayi / Ticaret AŞhad)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 150 contributions 69367 visits
Introduction On May 5 2018 the Competition Board published its reasoned decision of February 15 2018 (18- 05/74-40) following its preliminary investigation into allegations that Jotun Boya Sanayi ve Ticaret AŞhad violated Article 4 of Law 4054 on the Protection of Competition. The allegations (...)

The Moldovan Competition Authority finds bid-rigging practices in the public tenders for the procurement of various construction works (Ozun-Cons / Oztor / Eurodeviz)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222940 visits
On 15 February 2018, the Competition Council of the Republic of Moldova (CC) found that Ozun-Cons SRL, Oztor SRL, Eurodeviz SRL have colluded on several occasions to participate with coordinated bids in the public tenders for the procurement of various construction works. The Project (...)

The Spanish Competition Authority fines four banks for colluding to offer interest rate derivatives at different conditions to those agreed with the clients (Banco Santander / Banco Sabadell / BBVA / Caixabank)
European Commission (Brussels)
Belgium 45 contributions 20017 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 26978 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 19992 visits
The CNMC has imposed a EUR 91 million fine to Banco Santander, Banco Sabadell, BBVA and Caixabank for colluding to offer interest rate derivatives at different conditions from those agreed with the clients concerned. The derivatives in question were used to cover the risks of the interest rate (...)

The Spanish Competition Authority fines four banks for price-fixing of financial derivative products ancillary to syndicated loans (Caixabank / Santander / Sabadell / BBVA)
Callol, Coca & Asociados (Madrid)
Spain 161 contributions 43442 visits
The CNMC has just issued its Decision on financial derivatives (Decision), fining the accused banks (Santander, Sabadell, Caixa, BBVA) €91 million. The Decision refers, in particular, to the derivative products ancillary to syndicated loans, which goal is to insure borrowers against (...)

The EU Court of Justice clarifies to what extent related undertakings may submit separate bids in the same tendering procedure (Lloyd’s)
Arendt & Medernach (Luxembourg)
Luxembourg 54 contributions 108164 visits
This preliminary ruling relates to a tendering procedure launched by an Italian public authority, Arpacal, for the award for a public service contract for insurance. Two Lloyd’s ‘syndicates’ participated in the call for tenders. Their tenders were both signed by an agent of Lloyd’s General (...)

The EU Court of Justice confirms its anti-formalistic approach to the exclusion of tenderers on grounds of prohibitions of multiple bidding (Lloyd’s)
University of Bristol - Law School
United Kingdom 91 contributions 24730 visits
INTERESTING CASE ON FUNCTIONAL APPROACH TO MULTIPLE BIDDING AND EXCLUSION OF TENDERERS (C-144/17)* its Judgment of 8 February 2018 in Lloyd’s of London, C-144/17, EU:C:2018:78, the Court of Justice of the European Union (CJEU) confirmed its increasingly pro-competitive and anti-formalistic (...)

The Mexican Competition Authority fines five condom and catheter suppliers for bid-rigging in the public health sector after a four-year investigation into the latex industry (Galeno / Adex / Holiday de México / Trenkes / Dentilab)
Ritch Mueller (Mexico City)
Mexico 6 contributions 1486 visits
On 8 February 2018, Mexico’s Federal Economic Competition Commission’s (COFECE or Commission) fined five condom and catheter suppliers 112 million pesos (approximately €4.91 million) for rigging bids in Mexico’s public health sector. Further statements of objections and decisions regarding bid (...)

The Spanish Supreme Court voids an exclusive-supply agreement in the energy sector that was previously subject to a commitment decision by the EU Commission (Repsol)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54159 visits
Spain’s Supreme Court has voided a contract including an exclusive-supply clause in favour of Repsol, following a judgment of the Court of Justice of the European Union (“ECJ”) in which the ECJ confirmed that national courts are not precluded from assessing potentially anti-competitive agreements (...)

The Tenth Administrative Court of Ankara annuls the decision of the Turkish Competition Authority in a case regarding concerted practices between cement producers because the standard of proof was not met (GOLTAS Cement)
ACTECON (Istanbul)
Turkey 23 contributions 8474 visits
The Turkish Competition Authority (“TCA”) had found that six cement producers operating in the Aegean Region of Turkey entered into a concerted practice to allocate certain geographical regions amongst themselves and to collectively raise the prices of cement products during the time period (...)

The German Competition Authority launches a sector inquiry into market conditions in the online advertising sector
German Competition Authority (Bonn)
Germany 422 contributions 106144 visits
Bundeskartellamt launches sector inquiry into market conditions in online advertising sector* The Bundeskartellamt has launched a sector inquiry into the online advertising sector. Andreas Mundt, President of the Bundeskartellamt: "Online advertising has experienced an extraordinarily high (...)

The EU Court of Justice upholds fines imposed by the Commission on cartel participants in the air freight forwarding sector (Schenker)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60802 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
In four separate judgments of 1 February 2018, the CJEU upheld fines imposed by the EC on freight forwarders for participating in cartels in the international air freight forwarding services sector. The case is interesting for its consideration of (i) the fact that the EC relied on evidence (...)

The Croatian Constitutional Court annuls the Competition Authority’s prohibition decision due to violation of due process requirements (Private Security Companies)
Babic & Partners (Zagreb)
Croatia 2 contributions 97 visits
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Babic & Partners (Zagreb)
Croatia 1 contribution 32 visits
On 1 February 2018, Croatian Constitutional Court (in Croatian: Ustavni sud Republike Hrvatske) adopted decision no. U-III/2791/2016, annulling the prohibition decision of the Croatian Competition Agency (“CCA”) no. 580-09/88-2015-100 adopted on 17 March 2015 imposing an administrative fine on (...)

Unilateral Practices

 The Italian Competition Authority fines two major ferry operators for abuse of dominance in the maritime transport market (CIN-Moby)
Giannino SI (Monserrato)
Italy 154 contributions 129430 visits
The Italian Competition Authority (ICA) has closed by an infringement decision an Article 102 TFEU investigation against two major ferry operators, Compagnia Italiana di Navigazione (CIN) and Moby Spa (Moby), in the Case A487, Compagnia Italiana di Navigazione-Trasporto marittimo delle merci (...)

The Indian Competition Authority fines a local development authority for abuse of dominance in the market for affordable housing (Satyendra Singh / Ghaziabad Development Authority)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40038 visits
CCI imposes penalty on Ghaziabad Development Authority (‘GDA’) for abuse of dominant position in Ghaziabad* By way of an order dated February 28, 2018, the CCI imposed penalty on GDA for abusing its dominant position in the relevant market of “provision of services for development and sale of (...)

The Moldovan Supreme Court of Justice quashes the infringement decision of the Competition Authority concerning refusal to deal in the airport services market (Avia Invest)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222940 visits
On 21 February 2018, the Supreme Court of Justice (SCJ) of the Republic of Moldova has quashed the decision issued by the Competition Council (CC) in a case concerning the alleged refusal to deal on the market for lease of commercial premises at the Chisinau International Airport (KIV). SRL (...)

The Turkish Competition Authority imposes fines totalling €8.1M on an electricity distributor and its subsidiary for abuse of dominance (Akdeniz EDAS / CLK / Ak Den)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 150 contributions 69367 visits
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Kia (Frankfurt)
Allemagne 6 contributions 2522 visites
Upon a number of complaints, the Turkish Competition Board (the “Board”) opened an in-depth investigation against Akdeniz Elektrik Dağıtım A.Ş. (“Akdeniz Elektrik”), CK Akdeniz Elektrik Perakende Satış A.Ş. (“CK Akdeniz”) and AK DEN Enerji Dağıtım ve Perakende Satış Hizmetleri (“AK DEN”), which were all (...)

The Turkish Competition Authority imposes an administrative fine on an electricity distribution company and subsidiary for abusing their dominant positions (Akdeniz EDAS / CLK / Ak Den)
Erdem & Erdem (Istanbul)
Turquie 66 contributions 75303 visites
The Competition Board (“Board”), in its decision dated 20.02.2018 and numbered 18-06/101-52 (“Decision”)[1], has imposed an administrative monetary fine on Akdeniz Elektrik Dağıtım A.Ş. (“Akdeniz EDAS”) and CK Akdeniz Elektrik Perakende Satış A.Ş. (“CK Akdeniz”) for abusing their dominant positions in (...)

The Indian Competition Authority fines a Big Tech company for abuse of dominance in the market of online search and related advertising services (Google)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40038 visits
CCI imposes penalty of INR 136 Crores on Google for abuse of dominant position* The Indian anti-trust regulator, the Competition Commission of India (“CCI/ Commission”) seems to have let Google off with just a rap on the knuckles. CCI vide order dated February 8, 2018 has imposed a penalty of (...)

The US District Court for the Central District of California hears private enforcement actions alleging price discrimination by an energy drink manufacturer (Living Essentials)
Bona Law (Detroit)
États-Unis 22 contributions 5005 visites
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. ROBINSON-PATMAN SUITS AGAINST 5-HOUR ENERGY MAKER PROVIDE LESSONS FOR OTHER SUPPLIERS* Living Essentials LLC, the maker of 5-hour Energy drinks, has faced two (...)

The Indian Competition Authority fines a company for search bias in the search engine market (Google)
Indian Competition Commission (New Delhi)
India 5 contributions 625 visits
The Competition Commission of India (CCI) has found Google to have abused its dominant position in online general web search and web search advertising services in India. The order was passed in response to informations filed by Matrimony.com Limited and Consumer Unity & Trust Society (...)

The Indian Competition Authority fines a company for search bias and exclusive agreements (Google)
Gujarat National Law University (Gandhinagar)
India 2 contributions 702 visits
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JSA (Mumbai)
India 2 contributions 1118 visits
On 8th February 2018, the Competition Commission of India (CCI) imposed a fine of INR 135.86 Crores (approximately $ 1.36 Billion) on Google, for abusing its dominant position striking the mandate of Section 4 of the (Indian) Competition Act, 2002 (‘Act’). The comment herein highlights the (...)

The Latvian Supreme Court overturns a decision annulling the Competition Authority’s decision to fine an author associate in a royalty payment case (AKKA / LAA)
Latvian Supreme Court (Riga)
Latvia 1 contribution 66 visits
Dispute between AKKA/LAA and the Competition Council on the penalties imposed on the association is referred for re-examination* On 6 February, the Department of Administrative Cases of the Supreme Court annulled the judgment of the Administrative Regional Court in the case of dispute between (...)

The Spanish Supreme Court rejects the allegations of abuse of dominance by a postal incumbent for lack of evidence (Correos)
Callol, Coca & Asociados (Madrid)
Spain 161 contributions 43442 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3346 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 21398 visits
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In 2014, UNIPOST, S.A. (Unipost) filed a complaint before the NMCC against Sociedad Estatal de Correos y Telegrafos, S.A., (Correos) denouncing that Correos was able to offer discounts to large customers, well above the discounts offered by Unipost and other competitors for similar services, (...)

The Moldovan Competition Authority finds a state-initiated restraint of competition on the part of the state-owned enterprise entrusted with the management of the official publications (Moldpres)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222940 visits
On 1 February 2018 the Competition Council of the Republic of Moldova (CC) found that the state-owned enterprise (SOE) entrusted with the management of the official publications has applied discriminatory tariffs for its publishing services in violation of competition law prohibiting (...)

Mergers

 The German Competition Authority announces the abandonment of a planned merger in horticultural supply sector (RWZ / Landgard)
German Competition Authority (Bonn)
Germany 422 contributions 106144 visits
RWZ and Landgard withdraw planned merger in horticultural supply sector after concerns expressed by the Bundeskartellamt* Raiffeisen Waren-Zentrale Rhein-Main eG ("RWZ") and Landgard Blumen & Pflanzen GmbH & Co. KG ("Landgard") have abandoned their plans to set up a joint venture under (...)

The US FTC challenges a merger due to the potential negative effects it caused in the market of marine water treatment for chemicals (Drew Marine Group / Wilhelmsen Maritime Services)
Secretariat Economists (Washington)
United States 2 contributions 472 visits
FTC ALLEGES "GLOBAL FLEETS" IN CHALLENGE TO WILHELMSEN’S ACQUISITION OF DREW MARINE* The Federal Trade Commission (“FTC”) recently issued an administrative complaint and amended complaint challenging the proposed acquisition of Drew Marine Group (“Drew”) by Wilhelmsen Maritime Services (...)

The US FTC issues an administrative complaint challenging a merger in the global fleet market which can increase the risk of price discrimination and reduce competition (Wilhelmsen Maritime / Drew Marine)
McDermott Will & Emery (Washington)
United States 2 contributions 188 visits
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McDermott Will & Emery (Washington)
United States 34 contributions 5393 visits
The Federal Trade Commission (FTC) recently announced that it has challenged a merger between Wilhelmsen Maritime Services (Wilhelmsen) and Drew Marine Group (Drew) because of an overlap in service to “global fleet customers,” a narrow customer segment that purchases marine water treatment (...)

The Dutch Trade and Industry Appeals Tribunal upholds the Competition Authority’s approval for an acquisition in the sector of telecommunications regulation (KPN / Vodaphone)
Jones Day (Brussels)
Belgium 14 contributions 4482 visits
In Short The Ruling: The Dutch competition authority’s approval of KPN’s acquisition of fiber operator Reggefiber was upheld by the Dutch Trade and Industry Appeals Tribunal in February 2018. In assessing the merger’s competitive effects, the Tribunal notably considered regulatory measures (...)

The Competition Authority of Botswana conditionally approves a merger with public interest conditions in the fast food restaurant market (Bradleymore’s Holdings)
Primerio (Washington)
46 contributions 9982 visites
COMPETITION AUTHORITY APPROVES KFC FRANCHISE M&A WITH PUBLIC-INTEREST CONDITIONS* On 7 February 2018 the Competition Authority of Botswana (“The Competition Authority”) approved, with conditions, the acquisition by Bradleymore’s Holdings (Pty) Ltd (“Bradleymore’s”), which is incorporated in (...)

The EU Commission conditionally approves a proposed merger in the providers of pay-TV channels market (Discovery / Scripps)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 69949 visits
On 6 February 2018, the European Commission conditionally approved the proposed acquisition of Scripps by Discovery. Both Discovery and Scripps are active primarily as providers of pay-TV channels to TV distributors in Europe. The Commission was concerned that the deal risked increasing (...)

The EU Commission decides to review a merger in the market of music recognition applications for smartphones (Apple / Shazam)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520886 visits
Mergers: Commission to assess the acquisition of Shazam by Apple* The European Commission has accepted a request from Austria, France, Iceland, Italy, Norway, Spain and Sweden to assess under the EU Merger Regulation the proposed acquisition of Shazam by Apple. The Commission considers the (...)

The EU Commission clears a merger subject to remedies in the global media market and rejects a referral request by the Polish Competition Authority (Discovery / Scripps)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520886 visits
Mergers: Commission approves Discovery’s acquisition of Scripps, subject to conditions; rejects referral request by Polish competition authority* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Scripps by Discovery, both US based global media (...)

The French Competition Authority unconditionally clears a merger between two real estate online platforms (Axel Springer / Concept Multimédia)
Epex Spot (Paris)
France 7 contributions 2910 visits
On 1st February 2018, the French Competition Authority (“FCA”) unconditionally cleared in Phase II proceedings the planned acquisition of sole control of French company Concept Multimédia - which owns the real estate online platform Logic-Immo.com - by German group Axel Springer - which owns the (...)

The Spanish National Markets and Competition Commission clears the merger of the three card payment systems operating in Spain (Servired / Sistema)
Callol, Coca & Asociados (Madrid)
Spain 161 contributions 43442 visits
The NMCC has approved, subject to commitments, the merger of the three card payment service companies operating in Spain: Servired, Sistema 4B and Euro 6000, of which practically all banking entities present in Spain were shareholders. As a result of the operation, the Spanish card payment (...)

The French Competition Authority conducts for the first time an investigation into an online platform merger and clears it subsequently (Axel Springer / Concept Multimédia)
French Competition Authority (Paris)
France 709 contributions 361254 visits
For the first time, the Autorité de la concurrence has examined the merger of two online platforms. After an in-depth examination, the Autorité unconditionally clears the acquisition of Concept Multimédia (Logic-Immo.com) by the Axel Springer Group (SeLoger.com)* Parties to the transaction On (...)

State Aid

 The EU Court of Justice finds that Bulgaria’s refusal to grant de minimis aid on exports is valid as it related to the promotion of sales in another Member State (ZPT AD)
Maastricht University
Belgium 320 contributions 56188 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The Spanish High Court of Justice for Valencia revokes a temporary suspension granted against a State aid recovery decision (Institut Valencià de Finances / Hércules de Alicante Club de Futbol)
Judicial Ethics Commission (Madrid)
39 contributions 1883 visits
Valencia High Court of Justice revokes the interim measure of suspension granted by a Court of First Instance against a regional recovery decision based on a decision of the European Commission appealed to the General Court and from which the interim suspension had also been requested. (...)

The EU Commission approves compensation provided by the UK to the incumbent postal operator for the extra costs of the public services provided for the 2018 - 2021 period (Post Office)
Maastricht University
Belgium 320 contributions 56188 visits
Compensation for Public Service Obligations Introduction Every three years the UK determines the compensation it provides to the Post Office Limited (POL) for the extra costs of the public services it provides. Commission decision SA.48224 approved the compensation for the next three-year (...)

The EU General Court reverses the suspension of recovery order addressed to Spain in relation to a State aid granted to an energy company (Iberdrola)
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 26978 visits
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European Commission (Brussels)
Belgium 45 contributions 20017 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 19992 visits
On 15 October 2014, the Commission found that Spanish tax breaks for indirect shareholding in foreign companies breached EU State Aid rules. The measures were in force since 2001 and, in practical terms, allowed companies subject to tax in Spain to purchase shareholding of at least 5% in (...)

The EU Commission approves public aid in the form of services of general economic interest compensation (Bornholm Airport)
Giannino SI (Monserrato)
Italy 154 contributions 129430 visits
Introduction In Bornholm Airport the European Commission has declared the PSO compensation granted by the Danish authorities to the Bornholm Airport compatible with the internal market on the ground of the SGEI exception. Agreeing with Denmark, the Commission viewed the Bornholm Airport as a (...)

The Montenegrin Parliament adopts changes in State aid rules
BDK (Podgorica)
Montenegro 17 contributions 1181 visits
A new State Aid Control Act (Zakon o kontroli državne pomoći) (“SACA“) was adopted in Montenegro on 14 February 2018., bringing significant institutional, substantive and procedural developments to the existing state aid framework. Below we provide a summary of the main changes. Competition Agency (...)

The EU General Court annuls a Commission finding that state measures in favor of health insurance organizations did not constitute state aid, and holds that the economic nature of an activity is determined by the presence of operators seeking to make a profit (Dôvera Zdravotná Poist’ovña)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60802 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
This State aid case gives interesting indications regarding the definition of an undertaking and the economic or non-economic nature of its activities. The GCEU pointed out that merely being in a position of competition on a given market does not determine the economic nature of an activity, (...)

The EU General Court overturns a Commission decision that health insurance providers did not receive State aid, after finding that the presence of operators seeking to make profit determines the economic nature of an activity (Dôvera Zdravotná Poistovña)
Maastricht University
Belgium 320 contributions 56188 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court annuls a decision of the Commission that found no State aid because it considered the recipient of the measure was not an undertaking (Dôvera zdravotná poist’ovňa)
Arendt & Medernach (Luxembourg)
Luxembourg 54 contributions 108164 visits
Application of State aid and competition law rules to the health sector reinforced by the General Court* The General Court has annulled a decision of the EU Commission finding no state aid because the recipient of the measure, a Slovak health insurance body was not an undertaking. According (...)

Procedures

 The Paris Court of Appeal fines an online platform for selling products without being part of the selective distribution network of the producer (Coty / Showroomprive.com)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54159 visits
On 28 February 2018, the Paris Court of Appeal (the “Court”) released its judgment in an appeal related to a dispute between Coty France (“Coty”), a producer of branded luxury cosmetics including, in particular, perfumes, and Showroomprive.com, an online platform specialised in the sales of branded (...)

The EU Court of Justice accepts the compatibility with EU procurement rules of domestic provisions which enable tenderers for public contracts to remedy any irregularities in their tenders (MA.T.I. SUD)
University of Bristol - Law School
United Kingdom 91 contributions 24730 visits
CJEU GREENLIGHTS ‘REMEDYING PROCEDURAL SHORT-COMINGS IN RETURN FOR (PROPORTIONATE) PAYMENT’ (C-523/16 & C-536/16)* In its Judgment of 28 February 2018 in MA.T.I. SUD, C-523/16, EU:C:2018:135, the Court of Justice of the European Union (CJEU) accepted the compatibility with EU public (...)

The EU Court of Justice AG Campos Sánchez-Bordona suggests that contracting authorities duty to require tenderers providing certificates attesting compliance with the applicable technical specifications needs not always be before the award of the contract (VAR)
University of Bristol - Law School
United Kingdom 91 contributions 24730 visits
WHEN WILL YOU SHOW ME THE PAPERS? TECHNICAL CAPACITY, TECHNICAL DOSSIERS AND VERIFICATION DURING THE PROCUREMENT PROCESS (C-14/17)* In his Opinion of 28 February 2018 in VAR, C-14/17, EU:C:2018:135 (not available in English), AG Campos Sánchez-Bordona addressed a tricky preliminary question (...)

The Competition Bureau of Canada reaches a settlement with Canadian furniture retailers who have to donate $750 000 in furniture to charities (Leon’s and The Brick)
Affleck Greene McMurtry (Toronto)
Canada 5 contributions 973 visits
Leon’s And The Brick Donate $750,000 In Furniture To Settle Buy Now, Pay Later Complaints* Canadian furniture retailers, Leon’s and The Brick, have agreed to donate $750,000 in furniture to charities to settle concerns raised by Canada’ Competition Bureau about their advertising of buy now, pay (...)

The South African Competition Tribunal dismisses a complaint regarding a "non-compete" settlement agreement coming into force before the Competition Act (Nu Metro / Ster-Kinekor)
Primerio (Washington)
46 contributions 9982 visites
SOUTH AFRICAN COMPETITION TRIBUNAL FINDS IN FAVOUR OF STER-KINEKOR IN MARKET ALLOCATION CASE* The South African Competition Tribunal (“the Tribunal”) last week dismissed a complaint referred to it by the Competition Commission (“the Commission”) in 2009 which alleged that two rival cinemas, (...)

The EU General Court confirms the Commission’s decision in refusing access to its files during a cartel proceeding in the financial sector (Edeka-Handelsgesellschaft)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60802 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
This judgment arises out of an application by Edeka- Handelsgesellschaft Hessenring mbH (Edeka) for access to the EC’s decision and table of contents of the file in settlement proceedings concerning four banks involved in the Euro Interest Rate Derivatives (EIRD) cartel. The judgment illustrates (...)

The EU General Court upholds the decision of the Commission refusing to disclose the table of contents of its investigation file in a cartel case (Edeka-Handelsgesellschaft)
Court of First Instance of Namur (Namur)
Belgium 225 contributions 45445 visits
On 5 February 2018, the EU General Court (“GC” or “Court”) dismissed the appeal lodged by Edeka, a German supermarket chain, against the decision of the European Commission refusing to disclose the table of contents of its investigation file in the EURIBOR cartel (see VBB on Competition Law, Volume (...)

The EU Court of Justice delivers four judgments dismissing the appeals brought by participants involved in a cartel (Airfreight cartel)
Van Bael & Bellis (Brussels)
Belgium 379 contributions 88807 visits
By way of background, in 2012, the European Commission adopted a decision in which it found that a number of undertakings had fixed pricing mechanisms and surcharges for a variety of freight forwarding services, which the Commission considered to amount to four distinct infringements of the EU (...)

Regulatory

 The EU Parliament and EU Council adopt ban on unjustified geo-blocking regulation
Latham & Watkins (Brussels)
Belgium 9 contributions 5553 visits
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Latham & Watkins (Brussels)
Belgium 5 contributions 859 visits
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White & Case (Brussels)
Belgium 29 contributions 10883 visits
EU Adopts Ban on Unjustified Geo-Blocking* The new EU geo-blocking regulation prohibits unjustified geo-blocking. Businesses selling online should review carefully their terms and sales organization to ensure compliance. On 27 February 2018, the European Union (EU) adopted the EU geo-blocking (...)

The EU Parliament and EU Council adopt geo-blocking regulation
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60802 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
The so-called Geo-Blocking Regulation, Regulation (EU) 2018/302, became directly applicable throughout the European Union on 3 December 2018. The Regulation is part of the European Union’s single market strategy to enable consumers and businesses to benefit fully from the opportunities offered (...)

The EU Court of Justice clarifies the scope of the regulatory framework for three-party schemes and confirms that individual assessment is needed to determine whether fee caps apply (American Express / HM Treasury)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 10 contributions 18713 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 10 contributions 2024 visits
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Cleary Gottlieb Steen & Hamilton
United Kingdom 36 contributions 32812 visits
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In 2015, the EU Interchange Fee Regulation (the “IFR”) introduced price caps on the interchange fees paid between banks for processing credit and debit card payments. These fee caps attempt to address concerns identified in a series of antitrust investigations into Visa and Mastercard through (...)

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