February 2018

Anticompetitive practices

 The Danish Competition Authority fines an association of passenger carriers for bid rigging (ØFP)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 73 contributions 8849 visites
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)
Allemagne 248 contributions 32982 visites
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)
Allemagne 248 contributions 32982 visites
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 maritime car carriers and car parts suppliers in three separate cartel cases (MOL / NYK / "K" Line / Wwl-Eukor / Csav, Denso / Bosch / NGK / TRW / Continental)
DG COMP (Brussels)
Belgium 387 contributions 915926 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 EU Commission fines two maritime car carriers and four car parts suppliers EUR 546 million in three separate cartel settlements (MOL / NYK / "K" Line / Wwl-Eukor / Csav, Denso / Bosch / NGK / TRW / Continental)
Gomez Acebo & Pombo (Brussels)
Belgique 19 contributions 4634 visites
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Gomez Acebo & Pombo (Brussels)
Belgium 23 contributions 5798 visits
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Gomez Acebo & Pombo (Brussels)
Belgique 19 contributions 4634 visites
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 UK Court of Appeal adopts its much awaited ruling allowing plaintiffs in cartel damages actions to advance claims based on overcharges incurred outside of the EU when they ultimately hit their finished goods sales within the EU (Iiyama)
Dentons (Brussels)
Belgium 2 contributions 981 visits
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Dentons (Brussels)
Belgium 1 contribution 592 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 Board sends a written opinion for bringing a restraint through internet sales which exceeds objective of preventing the sales to be made by the non-authorized resellers (Jotun)
Turkish Competition Authority (Ankara)
Turkey 1 contribution 115 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 Mexican Federal Economic Competition Commission’s 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 4 contributions 744 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 EU Court of Justice clarifies to what extent related undertakings may submit separate bids in the same tendering procedure (Lloyd’s / Aparcal)
Arendt & Medernach (Luxembourg)
Luxembourg 39 contributions 95297 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 Spanish Supreme Court voids an exclusive-supply agreement in the energy sector that was previously subject to a commitments decision by the EU Commission (Repsol)
Van Bael & Bellis (Brussels)
Belgique 119 contributions 26932 visites
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 on the ground that the required standard of proof was not met (GOLTAS Cement)
ACTECON (Istanbul)
Turquie 8 contributions 3562 visites
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)
Allemagne 248 contributions 32982 visites
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)
Belgique 30 contributions 1020 visites
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McDermott Will & Emery (Paris)
France 53 contributions 20952 visites
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McDermott Will & Emery (Brussels)
Belgique 30 contributions 1020 visites
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 (...)

Unilateral Practices

 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)
Belgique 119 contributions 26932 visites
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 Italian Competition Authority fines two major ferry operators for abuse of dominance in the maritime transport market (CIN-Moby)
Desogus Law Office (Cagliari)
Italy 124 contributions 104361 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)
Inde 235 contributions 13448 visites
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 Moldovan Competition Authority concerning refusal to deal in the airport services market (Avia Invest)
Faculty of Law - University of Macau
Brésil 279 contributions 196305 visites
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 Board fines an electricity distributor and its subsidiary for abuse of dominance (Akdeniz Elektrik)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 36 contributions 12500 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 4 contributions 955 visits
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 Board imposes administrative fine on an electricity distribution company and subsidiary for abusing their dominant positions (Akdeniz Elektrik Dağıtım / CK Akdeniz Elektrik Perakende Satış)
Erdem & Erdem (Istanbul)
Turquie 58 contributions 66550 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 global tech company for abuse of dominance in the market for online search and related advertising services (Matrimony.com / Consumer Unity & Trust Society / Google)
Vaish Associates, Advocates (New Delhi)
Inde 235 contributions 13448 visites
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 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)
Faculty of Law - University of Macau
Brésil 279 contributions 196305 visites
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)
Allemagne 248 contributions 32982 visites
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 Federal Trade Commission challenges merger in the market for marine water treatment chemicals due to the potential negative effects on the relevant market’s large customers (Drew Marine Group / Wilhelmsen Maritime Services)
Economists Incorporated (Washington)
États-Unis 2 contributions 49 visites
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 Competition Authority of Botswana conditionally approves a merger with public interest conditions in the fast food restaurant market (Bradleymore’s Holdings)
Primerio (Washington)
États-Unis 42 contributions 4385 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 decides to review a merger in the market of music recognition applications for smartphones (Apple / Shazam)
DG COMP (Brussels)
Belgium 387 contributions 915926 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)
DG COMP (Brussels)
Belgium 387 contributions 915926 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 EU Commission conditionally approves a proposed merger in the providers of pay-TV channels market (Scripps / Discovery)
Van Bael & Bellis (Brussels)
Belgique 194 contributions 39283 visites
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 French Competition Authority unconditionally clears a merger between two real estate online platforms in Phase II (SeLoger.com / Logic-Immo.com)
DLA Piper (Paris)
France 6 contributions 1525 visites
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)
Espagne 35 contributions 27868 visites
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 (...)

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)
College of Europe (Bruges)
Belgique 251 contributions 20587 visites
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 reverses the suspension of the recovery order addressed to Spain in relation to a State aid granted to an energy company (Iberdrola)
Gomez Acebo & Pombo (Brussels)
Belgium 23 contributions 5798 visits
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Gomez Acebo & Pombo (Brussels)
Belgique 19 contributions 4634 visites
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Gomez Acebo & Pombo (Brussels)
Belgique 19 contributions 4634 visites
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 the 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 Limited)
College of Europe (Bruges)
Belgique 251 contributions 20587 visites
* 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 39 contributions 95297 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 (...)

The EU General Court annuls a Commission finding that state measures in favour of health insurance organisations 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)
Belgique 30 contributions 1020 visites
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McDermott Will & Emery (Paris)
France 53 contributions 20952 visites
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McDermott Will & Emery (Brussels)
Belgique 30 contributions 1020 visites
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, (...)

Procedures

 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 4 contributions 187 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)
États-Unis 42 contributions 4385 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 upholds the decision of the Commission refusing to disclose the table of contents of its investigation file in a cartel case (Edeka-Handelsgesellschaft)
Van Bael & Bellis (Brussels)
Belgique 198 contributions 23374 visites
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 General Court confirms the Commission’s decision to refuse access to its file in cartel proceedings in the financial sector to a private party seeking damages against the cartelists (Edeka-Handelsgesellschaft)
McDermott Will & Emery (Brussels)
Belgique 30 contributions 1020 visites
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McDermott Will & Emery (Paris)
France 53 contributions 20952 visites
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McDermott Will & Emery (Brussels)
Belgique 30 contributions 1020 visites
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 Court of Justice delivers four judgments dismissing the appeals brought by participants involved in a cartel (Air freight cartel)
Van Bael & Bellis (Brussels)
Belgique 337 contributions 48319 visites
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 Geo-Blocking Regulation enters into force
McDermott Will & Emery (Brussels)
Belgique 30 contributions 1020 visites
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McDermott Will & Emery (Paris)
France 53 contributions 20952 visites
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McDermott Will & Emery (Brussels)
Belgique 30 contributions 1020 visites
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 adopts ban on unjustified geo-blocking regulation
Latham & Watkins (Brussels)
Belgium 8 contributions 3051 visits
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Latham & Watkins (Brussels)
Belgium 3 contributions 68 visits
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Latham & Watkins (Brussels)
Belgium 14 contributions 3389 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 Court of Justice clarifies the scope of the regulatory framework for three-party schemes but individual assessment is needed to determine whether fee caps apply (American Express / HM Treasury)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 3 contributions 1719 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 897 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 16 contributions 14177 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 (...)

Public sector

 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
Royaume-Uni 87 contributions 12455 visites
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 Advocate General Campos Sánchez-Bordona suggests that contracting authorities duty to require tenderers providing certificates attesting compliance with the applicable technical specifications needs not always be prior to the award of the contract (VAR)
University of Bristol - Law School
Royaume-Uni 87 contributions 12455 visites
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 Moldovan Competition Authority finds bid rigging practices in the public tenders for the procurement of various construction works (Ozun-Cons / Oztor / Eurodeviz)
Faculty of Law - University of Macau
Brésil 279 contributions 196305 visites
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 EU Court of Justice confirms its anti-formalistic approach to the exclusion of tenderers on grounds of prohibitions of multiple bidding (Lloyd’s of London)
University of Bristol - Law School
Royaume-Uni 87 contributions 12455 visites
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 (...)

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