February 2019

Anticompetitive practices

The Indian Competition Authority finds no violation in one cinema chain exclusively selling one beverage producer’s products (Inox Leisure / Hindustan Coca-Cola Beverages)
Vaish Associates (New Delhi)
CCI holds no violation in exclusive selling beverages of Coca-Cola by INOX Theatres at higher rates than the retail price* The Competition Commission of India (“CCI/ Commission”) by way of order dated 28.02.2019 exonerated INOX Leisure Ltd (“INOX”) and Hindustan Coca-Cola Beverages Private Ltd (...)

The French Competition Authority closes the case opened at its own initiative regarding practices implemented in the temporary work sector
French Competition Authority (Paris)
Temporary work sector*The Autorité closes the case opened at its own initiative regarding practices implemented in the temporary work sector Following dawn raids, the Autorité de la concurrence started proceedings ex officio in May 2015 relating to a possible set of practices that was alleged (...)

The UK Financial Conduct Authority fines companies sharing strategic information on a bilateral basis during an initial public offering (Hargreave Hale / Newton / RAMAM)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
On 21 February, the UK Financial Conduct Authority (the “FCA”) found that Hargreave Hale Ltd (“Hargreave Hale”), Newton Investment Management Limited (“Newton”), and River and Mercantile Asset Management LLP (“RAMAM”) had breached competition law by sharing strategic information on a bilateral basis (...)

The U.K. Financial Conduct Authority issues its first antitrust decision and fines several companies for sharing strategic information during an initial public offering (Hargreave Hale / Newton / RAMAM)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The U.K. Financial Conduct Authority (FCA) has issued its first antitrust decision since obtaining competition law powers four years ago. The decision is a controversial one. It sets the FCA up as a strict enforcer on the type of information that competing investors can share when making (...)

The EU Commission begins its evaluation of the Motor Vehicle Block Exemption Regulation by publishing a roadmap and announcing a public consultation
Van Bael & Bellis (Brussels)
The Motor Vehicle Block Exemption Regulation (“MVBER”), which (together with the Vertical Agreements Block Exemption) exempts under Article 101(3) various vertical agreements in the automotive sector, will expire on 31 May 2023. In preparation for this, the European Commission has formally (...)

The UK Court of Appeal upholds the CMA’s finding that a single exchange of pricing information is sufficient for a "by object" infringement (Balmoral)
Baker Botts (Brussels)
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Baker Botts (Brussels)
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Baker Botts (London)
ONE-TIME INFORMATION EXCHANGE SUFFICIENT – A RECENT REMINDER IN THE UK* The UK’s Competition and Markets Authority (“CMA”) recently welcomed the Court of Appeal’s dismissal of a challenge brought against a decision of the Competition Appeal Tribunal (“CAT”) by Balmoral, a supplier of steel water (...)

The Danish district court of Næstved fines a hair-product wholesaler for resale price maintenance (Icon Hairspa)
Van Bael & Bellis (Brussels)
On 15 February 2019, the Danish court of Næstved imposed a fine of DK 1,000,000 (approximately € 135,000) on hair-product wholesaler Icon Hairspa for imposing minimum retail prices for Kevin Murphy-branded products on its dealers. An Icon Hairspa manager was also fined DK 100,000 for (...)

The French Competition Authority carries out unannounced inspections in the sector of engineering, maintenance, decommissioning and waste treatment services for nuclear installations
French Competition Authority (Paris)
Dawn raids* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the sector of engineering, maintenance, decommissioning and waste treatment services for nuclear installations Following authorisation from the liberty and (...)

The German Competition Authority fines eight providers of magazine lending services for concluding customer allocation agreements (Daheim / Brabandt / Dörsch / Krumbeck / Medien- Palette / Die Hanse / Hettling ́s LeseZirkel / Hettling)
German Competition Authority (Bonn)
Eight providers of magazine lending services fined on account of unlawful customer allocation agreements* The Bundeskartellamt has imposed fines amounting to approx. three million euros on eight magazine lending service providers. The companies are accused of having concluded illegal customer (...)

The Italian antitrust authority finds two anti-competitive agreements in the market for the provision of fire prevention services (Wood Firefighting Services)
Desogus Law Office (Cagliari)
In the recent Wood Fire Service case, the Italian Competition Authority (ICA) has found two anti-competitive agreements put in place by several players in the market for the provision of wood fire prevention services. The first anti-competitive agreement took the shape of a bid rigging practice (...)

The EU General Court awards damages to an envelopes producer for the European Commission’s failure to include default interest when repaying an annulled cartel fine (Printeos)
Van Bael & Bellis (Brussels)
On 12 February 2019, the EU General Court (“GC”) awarded € 184,592.95 in damages to envelopes producer Printeos in view of the European Commission’s failure to pay default interest when repaying a cartel fine which had previously been annulled by the GC. In 2014, following a settlement procedure, (...)

The Belgian Competition Authority closes several inquiries concerning restrictive practices in the travel sector and in the freight handlers in the Flemish ports
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the Belgian Competition Authority has closed several inquiries concerning restrictive practices on the one hand the travel sector and on the other hand the freight handlers in the Flemish ports* In the course of 2006, the College of Competition (...)

The Turkish Competition Board finds no-poaching clauses in a gym company franchising agreements to be against competition law (BFIT)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of Turkish Competition Board’s (the “Board”) BFIT preliminary investigation decision (07.02.2019, 19-06/64-27) in which the Board evaluated non-compete and no-poaching obligations imposed by Bfit Sağlık ve Spor Yatırım ve Tic. A.Ş. (“BFIT”) to its franchisees. (...)

The German Competition Authority publishes a paper summarizing its sector inquiry into online price comparison websites
Van Bael & Bellis (Brussels)
On 4 February 2019, the German Federal Cartel Office (“FCO”) published a fifth paper in its series “Competition and Consumer Protection in the Digital Economy”. The paper summarizes the sector inquiry into online comparison websites in the travel, energy, insurance, telecommunications and financial (...)

Unilateral Practices

The Danish Competition Authority issues a study on excessive pricing in pharmaceutical markets
Danish Competition and Consumer Authority (Copenhagen)
Excessive Pricing in Pharmaceutical Markets* Intervention against possible exploitative and excessive prices should always be considered carefully. However, the dynamics of pharmaceutical markets makes it particularly relevant for competition authorities to prioritise cases on unfair (...)

The Czech Competition Authority fines a food retailer for abuse of dominance consisting in payments without consideration (Rewe group)
Czech Competition Authority (Brno)
The retail chains of Rewe group abused the significant market power, the settlement procedure set their fine to czk 164 million* The Office for the Protection of Competition imposed a fine for abuse of significant market power in the amount of CZK 164 372 000 on the retail chains BILLA, spol. (...)

The Belgian Competition Authority refuses to impose an interim measure on a Meteorological Institute accused of abuse of dominance in the market of meteorogical data (Royal Meteorological Institute)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has refused to impose an interim measure on the Royal Meteorological Institute as requested by The Great Circle* The Competition College of the Belgian Competition Authority (BCA) has refused on 15 February 2019 to impose an interim measure on the Belgian (...)

The Austrian Federal Competition Authority initiates investigation proceedings concerning discrimination against retailers on the internet (Amazon)
Austrian Competition Authority (Vienna)
After a first analysis, discussions with the European Commission (DG Competition) and the German Bundeskartellamt, the BWB has decided to initiate investigation proceedings concerning suspected infringements of Austrian and European Competition Law. The BWB will examine, whether Amazon abused (...)

The German Competition Authority prohibits a social network company in dominant position from combining its user data from different sources (Facebook)
German Competition Authority (Bonn)
Bundeskartellamt / Digital Economy Bundeskartellamt prohibits Facebook from combining user data from different sources* Bonn, 7 February 2019: The Bundeskartellamt has imposed on Facebook far-reaching restrictions in the processing of user data. According to Facebook’s terms and conditions (...)

The German Competition Authority orders a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook)
Heinz & Zagrosek (Köln)
Bundeskartellamt hits „don’t like“-button on Facebook* On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here. It qualifies Facebook’s current practice of collecting and matching data (...)

The German Competition Authority holds that matching the data collected by a social network company constitutes an antitrust violation (Facebook)
International Center for Law & Economics (Portland)
Doing double damage: The German competition authority’s Facebook decision manages to undermine both antitrust and data protection law* The German Bundeskartellamt (Federal Cartel Office or FCO) this week reached a decision in its nearly 3-year-old Facebook investigation. The decision appears to (...)

The German Competition Authority finds the merging of user data from multiple sources to be both anti-competitive and in breach of the GDPR (Facebook)
Simmons & Simmons (London)
In one of the first decisions to consider data protection and competition issues side by side, the German competition regulator (the Bundeskartellamt) last week found that Facebook had both abused its market power in Germany and breached EU data protection laws in the way in which it collects (...)

The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in its data processing policy (Facebook)
Van Bael & Bellis (Brussels)
On 6 February 2019, the German Federal Cartel Office (“FCO”) concluded administrative proceedings concerning the data gathering practices of Facebook Inc., Facebook Ireland and Facebook Germany (together “Facebook”). The FCO found that Facebook abused its dominant position by making the private use (...)

The Turkish Competition Authority finds that a distributor and aftersales service provider of cancer diagnosis and treatment devices abused its dominant position through excessive pricing and refusal to supply (Radontek Medikal / Duzey)
ACTECON (Istanbul)
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ACTECON (Istanbul)
On 1 February 2019, Turkish Competition Authority (“TCA”) published its reasoned decision regarding the full-fledged investigation conducted against Radontek Medikal İthalat İhracat San. ve Tic. Ltd. Şti. (“Radontek Medikal”) upon a complaint submitted to the TCA by Düzey Tıbbi Sistemler Bilgisayar ve (...)

Mergers

The UK competition authority issues first order reversing pre-closing integration (Smartbox / Tobii)
Jones Day (London)
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Jones Day (London)
The UK Competition & Markets Authority ("CMA") issued its first order requiring parties to a completed merger to reverse pre-closing integration that the CMA believes prejudiced its ability to assess the deal’s impact on competition in the UK. This case is a reminder that parties who (...)

The French Competition Authority clears a merger, subject to remedies, in the markets of wine and spirits (Marie Brizard / COFEPP)
French Competition Authority (Paris)
Wine and spirits* The Autorité de la concurrence clears - subject to conditions - the acquisition of the group Marie Brizard by Compagnie Financière Européenne de Prise de Participation (COFEPP) On 3 January 2019, the Compagnie Financière Européenne de Prises de Participation (“Cofepp”) notified (...)

The U.S. Court of Appeals in Washington D.C. finds that the government has not proved that a merger between video distribution companies would substantially lessen competition or tend to create a monopoly (AT&T / Time Warner)
Wolters Kluwer (Riverwoods)
Justice Department Unable to Overturn Decision Allowing AT&T Merger with Time Warner* The U.S. Court of Appeals in Washington, D.C. last week concluded that the government failed to prove that the combination of AT&T Inc. and Time Warner Inc. would violate Sec. 7 of the Clayton Act. A (...)

The US Court of Appeals for the D.C. Circuit upholds a district Court decision finding a merger in the video distribution sector unlikely to harm competition (AT&T / Time Warner)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
“[T]here is no need to opine on the proper legal standards for evaluating vertical mergers because, on appeal, neither party challenges the legal standards the district court applied.” —U.S. Circuit Judge Judith W. Rogers, United States v. AT&T Inc. Antitrust practitioners and business (...)

The EU Commission alleges a telecommunication company has breached its remedies following the clearance of its merger (Telefonica Deutschland)
DG COMP (Brussels)
Mergers: Commission alleges Telefónica breached commitments given to secure clearance of E-Plus acquisition* The European Commission has sent a Statement of Objections to Telefónica Deutschland alleging the company breached commitments it offered to secure the Commission’s approval under the EU (...)

The EU Commission issues first ever statement of objections for breaching a merger commitment in the telecommunication sector (Telefónica Deutschland)
Van Bael & Bellis (Brussels)
On 22 February 2019, the European Commission (“Commission”) sent a Statement of Objections to Telefónica Deutschland alleging that it breached a commitment offered in order to secure the Commission’s approval of its acquisition of E-Plus (see VBB on Competition Law, Volume 2014, No. 7). In (...)

The EU Commission sends statement of objections to a company for alleged infringement of merger commitments (Telefónica Deutschland)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
On 22 February 2019, the Commission addressed an SoO to Telefónica Deutschland (“Telefónica”) detailing its concerns that the company may have breached one of the commitments linked to the Commission’s clearance of its acquisition of E-Plus in 2014. In particular, back then, Telefónica committed to (...)

The Indian Competition Authority partially approves acquisition of logistics company’s shares by financial investment company (SVF Doorbell / Delhivery Private)
Vaish Associates (New Delhi)
CCI partly approves acquisition of shareholding in Delhivery Private Ltd by SVF Doorbell* By way of order dated 21.02.2019, the Commission has approved the acquisition of 22.44% shares, as compulsory convertible preference shares, of the total share capital of Delhivery Private Ltd (“DPL”) by (...)

The US FTC announces the annual update of thresholds for premerger notification filings
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On February 15, 2019, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). If a (...)

The US FTC announces that it will raise the Hart Scott Rodino Act jurisdictional and filing fee thresholds
Morgan Lewis (New York)
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Morgan Lewis (Washington)
Transactions closing in mid-March will be subject to increased HSR Act jurisdictional and filing fee thresholds. On February 15, the Federal Trade Commission (FTC) announced that it will raise the Hart­Scott­Rodino Act (HSR Act) jurisdictional and filing fee thresholds. Any transaction closing (...)

The EU Commission clears a merger subject to remedies in the aquaculture sector (Amerra and Mubadala / Andromeda / Nireus and Selonda)
DG COMP (Brussels)
Mergers: Commission approves the acquisition of joint control of Andromeda, Nireus and Selonda by Amerra and Mubadala, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of joint control over Andromeda, Nireus and Selonda, all active in (...)

The Indian Competition Authority approves acquisition of energy company by investment firms with minor common shareholdings in competing firms (Global Power Solutions / Brookfield Assets Management / Caisse de dépôt et placement du Québec)
Vaish Associates (New Delhi)
Commission approves acquisition of Global Power Solutions Business of Johnson Control by Brookfield* CCI, by way of order dated 14.02.2019, has approved the acquisition of the Global Power Solutions business(“GPS”) of Johnson Controls International plc (“JCI”) by Brookfield Assets Management Inc. (...)

The EU Commission lifts commitments adopted in a merger case based on exceptional circumstances review (Air France / KLM)
Van Bael & Bellis (Brussels)
In a recently published decision of 6 February 2019, the European Commission waived a commitment imposed during its merger review of Air France’s acquisition of KLM in 2004. By way of background, during the 2004 review of its acquisition of KLM, Air France offered commitments to address (...)

The EU Commission clears a merger subject to remedies in the flexible packaging for medical use and for food products sectors (Amcor / Bemis)
DG COMP (Brussels)
Mergers: Commission approves merger between Amcor and Bemis, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the merger between Amcor and Bemis. Both companies manufacture flexible packaging products worldwide. The approval is conditional on the (...)

The French Competition Authority re-examines and eases merger remedies made by a leading pay TV provider (Canal+ International)
French Competition Authority (Paris)
Pay TV in French overseas departments and regions* The Autorité de la concurrence has re-examined the commitments made by Canal+ International as part of the take-over of Mediaserv (now Canal+ Telecom) in 2014. Certain obligations have been maintained to preserve the competitive dynamic. (...)

The Mexican Competition Authority clears a merger in the entertainment industry subject to structural remedies (Disney / Fox)
Mexican Competition Authority (Mexico City)
Clarification on Disney/Fox transaction* Mexico City, February 6, 2019.- In August 2018, the Walt Disney Company (Disney) and Twenty-First Century Fox (Fox) notified, both the Federal Economic Competition Commission (COFECE or Commission) and the Federal Institute for Telecommunications (...)

The EU Commission prohibits a merger in the market for railway signalling and very high-speed trains (Siemens / Alstom)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
On 6 February 2019, the Commission adopted a prohibition decision against Siemens’ proposed acquisition of Alstom, which aimed at combining the parties transport equipment and service activities. This decision was based on the Commission’s finding that the transaction at issue would (...)

The EU Commission prohibits a merger in the market of railway signalling systems and very high-speed trains (Siemens / Alstom)
DG COMP (Brussels)
Mergers: Commission prohibits Siemens’ proposed acquisition of Alstom* The European Commission has prohibited Siemens’ proposed acquisition of Alstom under the EU Merger Regulation. The merger would have harmed competition in markets for railway signalling systems and very high-speed trains. The (...)

The EU Commission prohibits a merger in the market for railway signalling and very high-speed trains (Siemens / Alstom)
Van Bael & Bellis (Brussels)
On 6 February 2019, the European Commission (“Commission”) prohibited Siemens’ proposed acquisition of Alstom under the EU Merger Regulation. The deal would have combined Siemens’ and Alstom’s transport equipment and service activities in a new company fully controlled by Siemens. According to the (...)

The EU Commission prohibits a merger in the rolled copper products market (Wieland / Aurubis / Schwermetall)
DG COMP (Brussels)
Mergers: Commission prohibits Wieland’s proposed acquisition of Aurubis Rolled Products and Schwermetall* The European Commission has prohibited, under the EU Merger Regulation, Wieland’s proposed acquisition of Aurubis Rolled Products and Aurubis’ stake in Schwermetall. It had serious concerns (...)

The EU Commission prohibits a merger between producers of rolled copper products (Wieland / Aurubis / Schwermetall)
Van Bael & Bellis (Brussels)
On 6 February 2019, the European Commission (“Commission”) prohibited Wieland’s proposed acquisition of Aurubis. Both companies are producers of rolled copper products, a key input for many industries, including for parts used in electric cars, trains and electronic devices. The Commission’s (...)

The EU Commission prohibits a merger in the railway sector and reaffirms that industrial policy objectives have no role to play when it comes to applying the EU merger control rules (Siemens / Alstom)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
BIGGER IS BETTER . . . OR MAYBE NOT: THE SIEMENS/ALSTOM RAILWAY ME* The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the (...)

The Irish Competition Authority clears a merger subject to remedies in the waste sector (Panda / Knockharley Landfill)
Irish Competition Authority (Dublin)
CCPC requires commitments from Panda to secure approval for acquisition of Knockharley Landfill* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to binding commitments, the proposed acquisition of Knockharley Landfill Limited (Knockharley), by Pandagreen Limited (...)

The Canadian Competition Bureau announces its 2019 Pre-merger notification thresholds
Université d’Ottawa - University of Ottawa
Canada’s Competition Bureau (the “Bureau”), which assists the Commissioner of Competition in the administration and enforcement of the Competition Act (the “Act”), announced on 31 January 2019 that the 2019 pre-merger notification threshold for acquiring an undertaking will be $96 million (CAN), up (...)

State Aid

The EU Commission opens an in-depth investigation to assess whether Danish and Swedish public support for a fixed rail-road link is in line with EU State aid rules (Øresund)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into public financing of Øresund fixed rail-road link* The European Commission has opened an in-depth investigation to assess whether Danish and Swedish public support for the Øresund fixed rail-road link is in line with EU State aid rules. This (...)

The EU Court of Justice and General Court render two judgements on State aid showing how the Courts approach judicial review of complex economic assessments when the burden of proof is on the Commission (Frucona Kosice - Fútbol Club Barcelona)
Garrigues (Brussels)
EU Judicial Review: Major Antitrust Implications of Recent State Aid Cases* We competition lawyers often wrongly approach our discipline in isolation from the wider context in which it is applied. This is also true when it comes to judicial review. We tend to forget that antitrust is only a (...)

The EU General Court annuls Commission’s state aid decision concerning Spanish tax regime (Athletic Club)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
In 2016, the Commission adopted a decision declaring that four Spanish professional football clubs (i.e., Fútbol Club Barcelona, Club Atlético Osasuna, Athletic Club and Real Madrid Club de Fútbol) had received incompatible state aid in the form of corporate tax privileges. As a consequence, Spain (...)

The EU Commission approves under EU State aid rules support for four floating demonstration offshore wind farms in France
DG COMP (Brussels)
State aid: Commission approves support for four floating demonstration offshore wind farms in France* The European Commission has found four French projects promoting electricity generation from renewable wind energy sources to be in line with EU State aid rules. The measures will further (...)

The EU General Court annuls the Commission decision which classified Belgium’s "excess profit" tax scheme as State aid (Magnetrol International)
Van Bael & Bellis (Brussels)
On 14 February 2019, the General Court (“GC”) issued a judgment annulling the decision of the European Commission (the “Commission”) concerning the Belgian “excess profit” tax rulings (Joined Cases T-131/16 and T-263/16, Belgium and Magnetrol International v. Commission). Under Belgian law, Belgian (...)

The EU General Court overturns the Commission’s finding that Belgium granted unlawful State aid through advance tax rulings (Magnetrol International)
College of Europe (Bruges)
* 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 points out the methodological weakness of the Commission analysis in a State aid case (Magnetrol International)
Arendt & Medernach (Luxembourg)
Apart from the first plea alleging infringement of the exclusive competence of Member States in the field of direct taxation, which would preclude the Commission’s control of State aid, and which was dismissed by the General Court (“GC”), the object of the judgment delivered was technical. It (...)

The EU General Court annuls the Commission’s State aid decision regarding excess Belgium profits tax ruling system (Magnetrol International)
Simmons & Simmons (Brussels)
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Simmons & Simmons (Brussels)
In a Decision of 11 January 2016, the European Commission declared the Belgian excess profit scheme, pursuant to which Belgium granted advance tax rulings authorising Belgian entities which were part of multinational groups to exempt part of their profits from corporate income taxation, (...)

The EU General Court annuls a Commission decision that the Belgian excess profit tax exemption constitutes state aid (Magnetrol International)
University of Oxford
THE BELGIAN EXCESS PROFITS CASE – A STATE AID ANTICLIMAX* Lawyers across Europe holding their breath while awaiting the General Court’s ruling on the Belgian Excess Profits case were doubtlessly disappointed. On Valentine’s Day, the General Court reminded the European Commission that “tough love” (...)

The EU Commission launches two public consultations on the revision of the Emissions Trading Scheme State aid Guidelines
Van Bael & Bellis (Brussels)
On 13 February 2019, the European Commission launched two public consultations on the revision of the Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2012, as amended. The Guidelines date from 2012 and will expire on 31 (...)

The EU Commission launches a public consultation on its Draft Notice on the recovery of unlawful and incompatible State aid
Van Bael & Bellis (Brussels)
On 4 February 2019, the European Commission launched a public consultation on a Draft Notice on the recovery of unlawful and incompatible State aid. The Draft Notice is intended to replace the 2007 recovery notice, reflecting changes in the Commission’s practice and case law developments since (...)

Procedures

The U.S. Court of Appeals for the Third Circuit Court dismisses a complaint only based on past conduct against a pharmaceutical company (Shire Viropharma)
Dechert (Philadelphia)
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Dechert (Philadelphia)
On February 25, 2019, the Third Circuit held that the Federal Trade Commission cannot bring litigation in federal court based on past conduct, absent factual allegations demonstrating that a defendant “is violating or is about to violate” the laws enforced by the FTC. In doing so, the court (...)

The Turkish Competition Board fines a fertiliser supplier for hindering an on-site inspection (Ege Gübre Sanayii)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
On May 3rd, 2019 the Turkish Competition Board (“Board”) published its reasoned decision dated February 7th, 2019 and numbered 19-06/51-18 with respect to the hindering of the on-site inspection conducted in Ege Gübre Sanayii A.Ş. (“Ege Gübre”). The decision concerns the evaluation on whether Ege (...)

Regulatory

The U.S. FTC announces the launch of a new Technology Task Force to investigate anticompetitive conduct, review past transactions, and contribute to pending merger reviews
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
THE LATEST: FTC’s New “Technology Task Force” Has Broad Mandate Including Review of Consummated Transactions* The US Federal Trade Commission’s (FTC) Bureau of Competition announced the launch of a new Technology Task Force that will investigate anticompetitive conduct, review past transactions, (...)

The French Competition Authority takes into account the emergence of online video platforms in its opinion on the audiovisual sector
French Competition Authority (Paris)
Audiovisual sector* In the context of the reform of the audiovisual sector, the Committee on Cultural Affairs and Education of the French National Assembly (Assemblée nationale) referred this matter to the Autorité de la concurrence, which today delivers its opinion. In the face of the digital (...)

The French and German governments publish a joint manifesto calling for a new European industrial policy with changes to merger control and State aid rules
Van Bael & Bellis (Brussels)
On 19 February 2019, the French Minister of Economy, Mr Bruno Le Marie, and the German Minister of Economy, Mr Peter Altmaier, published a joint manifesto which calls for the development of a European industrial policy to ensure the global competitiveness of European manufacturing industries. (...)

The Finnish Competition Authority issues a report on competition in data economy
Finnish Competition and Consumer Authority (Helsinki)
FCCA: Competition and consumer protection are fundamental to data economy* With the market for digital products and services is growing, the functionality of competition and consumer protection are important considerations. A report by the Finnish Competition and Consumer Authority (FCCA), (...)

The South African Government publishes draft Regulations in relation to the South African Competition Amendment Act which seeks to clarify price discrimination prohibition and buyer power provisions
Nortons (Sandton)
SOUTH AFRICA: OVERVIEW OF THE PRICE DISCRIMINATION AND BUYER POWER DRAFT REGULATIONS* The South African Competition Amendment Act was signed into law by the President on 13 February 2019. Two of the contentious aspects which were raised during the drafting of the Amendment Bill related to the (...)

International

Spain: The Supreme Court states that its “incidental finding” doctrine is not applicable when the inspection order is too vague (S. Solis, Hijos de Demetrio Fernández, Unión de Empresas de Recuperación)
Martinez Lage, Allendesalazar & Brokelmann (Madrid)
The Spanish Supreme Court has annulled three paper waste cartel fines because the “incidental finding” doctrine was not applicable to the evidence that led to the initiation of proceedings and which was found in the inspections carried out in a different investigation. In November 2014 the (...)

Spain: The Commercial Court of Valencia grants damages in a follow-on claim based on the decision of the European Commission in the truck cartel case (Mr. Octavio / MAN España)
Martinez Lage, Allendesalazar & Brokelmann (Madrid)
In one of the first rulings in Spain awarding damages based on the European Commission Decision in the truck cartel case (Case AT.39824 — Trucks), a judgment of 20 February 2019 of a Commercial Court in Valencia (Juzgado de lo Mercantil nº 3 de Valencia) found in favor of the claimant, an (...)

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