February 2019

General antitrust

 The UK Competition Authority seeks powers to increase merger scrutiny, issue sectoral interim regulations and weaken judicial accountability
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 56 contributions 23811 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 4 contributions 588 visits
On 21 February 2019, the U.K. Competition and Markets Authority (CMA), at the U.K. government’s request, set out ‘wide-ranging and radical’ proposals to reshape U.K. competition enforcement and consumer protection regime. These are proposals at the very earliest stage, and they remain far from (...)

The US FTC announces the creation of a new task force to scrutinize competition in the tech industry
Clifford Chance (Washington)
United States 3 contributions 10633 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On February 26, 2019, the US Federal Trade Commission’s (“FTC”) Bureau of Competition—the arm through which the FTC enforces US federal antitrust laws—announced the (...)

The US FTC launches a task force to monitor competition in the tech markets
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 7 contributions 1907 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 16 contributions 2493 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 18 contributions 7913 visits
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The Federal Trade Commission’s (FTC) Bureau of Competition has established a task force dedicated to monitoring competition in U.S. technology markets and taking enforcement actions as warranted. While the remit of the task force largely overlaps with the FTC’s existing enforcement activities, (...)

The Belgian Competition Authority publishes its enforcement priorities for 2019
Bird & Bird (Brussels)
Belgium 42 contributions 11808 visits
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Allen & Overy (Brussels)
Belgium 28 contributions 3156 visits
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Bird & Bird (Brussels)
Belgium 13 contributions 1971 visits
On 1 March 2019, the Belgian Competition Authority (“BCA”) published its annual enforcement priorities, which are largely similar to those of 2018: Telecommunications – the BCA notes that the increased reliance on bundled offers in the telecom retail markets has the effect of increasing consumer (...)

The Finnish Competition Authority issues a report on competition law in the data economy
Finnish Competition and Consumer Authority (Helsinki)
Finland 72 contributions 12200 visits
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), (...)

Anticompetitive practices

 The Indian Competition Authority finds no violation in a cinema chain exclusively selling one beverage producer’s products (Inox / Coca-Cola)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41113 visits
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 Dutch Competition Authority publishes new horizontal guidelines on cooperation between competitors and new vertical guidelines on agreements between suppliers and customers
Bird & Bird (The Hague)
Netherlands 34 contributions 8362 visits
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KPN (Amsterdam)
Netherlands 33 contributions 7029 visits
On 26 February 2019, the Dutch Authority for Consumers & Markets ("ACM") published both new (horizontal) guidelines on cooperation between competitors (Leidraad: samenwerking tussen concurrenten "Horizontal restraints guidelines") and (vertical) guidelines on agreements between suppliers (...)

The French Competition Authority closes the case opened at its own initiative regarding practices implemented in the temporary work sector
French Competition Authority (Paris)
France 727 contributions 380082 visits
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 FCA fines companies sharing strategic information on a bilateral basis during an initial public offering (Hargreave / Newton / RAMAM)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 3 contributions 2687 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 32 contributions 36792 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 22 contributions 7058 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 21 February, the UK Financial Conduct Authority (the “FCA”) found that Hargreave Hale Ltd (“Hargreave Hale”), Newton Investment Management Limited (“Newton”), and (...)

The UK FCA issues its first formal decision under its competition law enforcement powers by fining three asset management firms in an IPO context (Hargreave / Newton / RAMAM)
Hg Capital (London)
United Kingdom 3 contributions 331 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 3 contributions 3224 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 1307 visits
On 21 February 2019, the Financial Conduct Authority (FCA) issued a decision finding that three asset management firms breached competition law in the context of an initial public offering (IPO). This marks the FCA’s first formal decision under its competition law enforcement powers, which it (...)

The UK FCA makes the first use of its enforcement powers under competition law and in a landmark decision fines 3 asset managers for exchanging "strategic" information (Hargreave / Newton / RAMAM)
White & Case (London)
United Kingdom 25 contributions 12705 visits
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White & Case (Brussels)
Belgium 1 contribution 86 visits
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Stephenson Harwood
United States 1 contribution 86 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Summary In a landmark decision on 21 February 2019 (the “Decision”), marking the first use of its enforcement powers under the Competition Act 1998 (“CA 1998”), (...)

The UK FCA issues its first antitrust decision and fines several companies for sharing strategic information during an initial public offering (Hargreave / Newton / RAMAM)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 56 contributions 23811 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30378 visits
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Université Catholique de Lille
Belgium 37 contributions 11928 visits
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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 UK FCA finds that three asset management firms breached competition law in the context of an initial public offering in the financial market through bilateral exchanges of confidential, strategic information regarding their bidding intentions (Hargreave / RAMAM / Newton)
UK Competition & Markets Authority - CMA (London)
United Kingdom 1 contribution 68 visits
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Hg Capital (London)
United Kingdom 3 contributions 331 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 3 contributions 3224 visits
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On 21 February 2019, the Financial Conduct Authority (FCA) issued a decision finding that three asset management firms breached competition law in the context of an initial public offering (IPO). This marks the FCA’s first formal decision under its competition law enforcement powers, which it (...)

The Italian Competition Authority fines two low cost airlines companies for increasing the price of their tickets in a non-transparent manner (Ryanair / Wizz Air)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5218 visits
On 21 February 2019, the Italian Competition Authority ("AGCM") concluded two proceedings - launched in September and October 2018 - against the low cost airlines Ryanair and Wizz Air,. The two investigations showed that, from 1 November 2018 onwards, passengers of the two companies were only (...)

The EU Commission carries out unannounced inspections in the farmed Atlantic salmon sector
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
Antitrust: Commission confirms unannounced inspections in the farmed Atlantic salmon sector* The European Commission can confirm that on 19 February 2019 its officials carried out unannounced inspections in several Member States at the premises of several companies in the sector of farmed (...)

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)
France 163 contributions 55208 visits
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 Paris Court of Appeal dismisses undertaking’s appeal against resale price maintenance fine for anticompetitive vertical agreements in the liquid fertiliser market (Canna France / GHE / Bertels / Biobizz / Hydro Factory / Hydro Logistique / CIS)
Van Bael & Bellis (Brussels)
France 163 contributions 55208 visits
On 16 February 2019, the Paris Court of Appeal (the “Court of Appeal”) rejected an appeal brought by Canna France for the annulment of the decision of the French Competition Authority (“FCA”) imposing a fine for anticompetitive vertical agreements in the liquid fertiliser market. On 20 December (...)

The Polish Supreme Court fines two wholesale distributors for setting minimum resale prices for branded watches (Jubiler / Anyro)
Bird & Bird (Warsaw)
Poland 19 contributions 2863 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 2863 visits
Earlier this year the Polish Supreme Court rendered two judgments, in which it addressed the way in which the Polish Office of Competition and Consumer Protection (’’UOKiK’’) handles cases concerning anti-competitive vertical agreements. The judgments confirmed UOKiK’s decision, in which PHU (...)

The UK Court of Appeal upholds the UK Competition Authority’s fining and confirms that a single exchange of pricing information is sufficient for a "by object" infringement (Balmoral Tanks)
Baker Botts (Brussels)
Belgium 26 contributions 18810 visits
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Baker Botts (Brussels)
Belgium 9 contributions 7019 visits
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Baker Botts (London)
United Kingdom 9 contributions 2407 visits
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)
France 163 contributions 55208 visits
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 Italian Competition Authority finds two anti-competitive agreements in the market for the provision of fire prevention services (Wood Firefighting Services)
Municipality of Cagliari
159 contributions 131126 visits
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 Australian Federal Court imposes a fine of $1.05M in a gun jumping case in the pharmaceutical industry (Cryosite / Cell Care)
Bird & Bird (Sydney)
Australia 21 contributions 2294 visits
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Bird & Bird (Sydney)
Australia 28 contributions 3229 visits
In July 2018, the Australian Competition and Consumer Commission (“ACCC”) brought its first gun jumping cartel case against Cryosite Limited (“Cryosite”). Gun jumping occurs when parties to a merger or acquisition coordinate their activities prior to the completion of their transaction. This (...)

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)
France 727 contributions 380082 visits
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)
Germany 434 contributions 110096 visits
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 Australian Federal Court imposes a fine of $1.05M for engaging in ‘gun jumping’ cartel conduct in an asset sale agreement in the clinical market (Cryosite / Cell Care)
Jones Day (Melbourne)
Australia 10 contributions 1331 visits
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Australian Competition and Consumer Commission (Sydney)
Australia 9 contributions 831 visits
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Herbert Smith Freehills (Sydney)
Australia 15 contributions 1112 visits
On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its asset sale agreement with Cell Care Australia. The modest fine reflected the (relatively small) scale of the business concerned and their (...)

The EU General Court awards damages to an envelope producer due to the EU Commission’s failure to include default interest when repaying an annulled cartel fine (Printeos)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46084 visits
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 the freight handlers in the Flemish ports
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21322 visits
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 Danish City Court of Hellirød fines competing demolition companies for bid-rigging through exchanging prices (Nedrivning)
Bird & Bird (Copenhagen)
Denmark 36 contributions 7605 visits
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Bird & Bird (Copenhagen)
Denmark 23 contributions 2348 visits
On 8 February 2019, the City Court of Hillerød concluded that CMP Nedrivning ApS (a Danish demolition company) had violated section 6 of the Danish Competition Act (corresponding to Article 101 TFEU) by coordinating prices with competing demolition companies. The company was found to be part of (...)

The Turkish Competition Authority finds no-poach clauses in a gym company’s franchising agreements to be against competition law (BFIT)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 75098 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 10 contributions 4459 visits
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 Dutch Court of Appeal dismisses claimant’s appeal in follow-on cartel damages claim in relation to the elevators and escalators cartel (East West Debt)
Simmons & Simmons (Amsterdam)
Netherlands 2 contributions 176 visits
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Greenberg Traurig (Amsterdam)
Netherlands 6 contributions 5948 visits
Introduction In 2007, the EC imposed fines on several international elevators and escalators (hereafter: “lift”) companies for a violation of Article 81 of the EC Treaty (now Article 101 TFEU). Following the EC decision, follow-on claims have been launched in both Belgium and in the Netherlands. (...)

The US District Court for the Northern District of California sentences an individual guilty of computer-algorithm-based price fixing to six months in prison (Daniel William Aston)
Morgan Lewis (Silicon Valley)
United States 11 contributions 1933 visits
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Morgan Lewis (Washington)
United States 1 contribution 50 visits
A recent criminal sentencing concludes the first prosecution by the US Department of Justice Antitrust Division involving a computer-algorithm-based pricing conspiracy. Two corporate executives and a corporation were prosecuted in the investigation. The case also highlights some of the (...)

The German Competition Authority publishes a paper summarizing its sector inquiry into online price comparison websites
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46084 visits
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 (...)

The EU Commission launches its public consultation on the Vertical Agreements Block Exemption Regulation which will expire in 2022
Van Bael & Bellis (Brussels)
France 163 contributions 55208 visits
The European Commission (“Commission”) has initiated its evaluation of the Vertical Agreements Block Exemption Regulation (“VABER”), which will expire on 31 May 2022. The Commission’s evaluation will inform its decision on whether to allow the VABER to lapse, to prolong its duration or to revise it. (...)

The Hungarian Competition Authority finds that an association restricted price competition by issuing and monitoring compliance with its fee regulation (LOSZ)
Bird & Bird (Budapest)
Hungary 18 contributions 2236 visits
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Bird & Bird (Budapest)
Hungary 16 contributions 2005 visits
The Hungarian Competition Authority (“GVH”) had found that the Hungarian association of home decorators (in Hungarian: Lakberendezők Országos Szövetsége, “LOSZ”) restricted price competition in the period between 1997 and 2016 by issuing, and monitoring compliance with, its Fee Regulation in the (...)

Unilateral Practices

 The Danish Competition Authority issues a study on excessive pricing in pharmaceutical markets
Danish Competition and Consumer Authority (Copenhagen)
Denmark 127 contributions 34948 visits
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 German Competition Authority announces that two sports committees have committed to enlarging the advertising opportunities for German athletes during the Olympic Games (DOSB / IOC)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2390 visits
On 27 February 2019, the German Federal Cartel Office (“FCO”) issued a press release announcing that the German Olympic Sports Confederation (“DOSB”) and the International Olympic Committee (“IOC”) committed to enlarge the advertising opportunities for German athletes during the Olympic Games. This (...)

The Czech Competition Authority fines a food retailer for abuse of dominance consisting of payments without consideration (Rewe group)
Czech Competition Authority (Brno)
Czech Republic 40 contributions 5530 visits
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 for meteorological data (Royal Meteorological Institute)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21322 visits
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 Competition Authority initiates investigation proceedings concerning discrimination against retailers on the internet (Amazon)
Austrian Competition Authority (Vienna)
Austria 55 contributions 6059 visits
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 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)
Belgium 191 contributions 64987 visits
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 German Competition Authority finds a social network abused its dominant position by collecting, merging and using data in user accounts (Facebook)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2390 visits
On Thursday, 7 February 2019, Germany’s competition watchdog Bundeskartellamt (German Federal Cartel Office, FCO) handed down its long-awaited decision on Facebook. It took the FCO nearly three years to conclude the proceedings – quite a long time for a very dynamic industry where players and (...)

The German Competition Authority forces a social network company to change its data collection policy (Facebook)
Herbert Smith Freehills (Brussels)
Belgium 109 contributions 68759 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 20 contributions 5448 visits
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Herbert Smith Freehills (Brussels)
Belgium 19 contributions 5740 visits
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On 7 February 2019, after almost three years of investigation, Germany’s Federal Cartel Office ("FCO") issued its long awaited decision on Facebook’s data collection practices. The FCO found that Facebook has a dominant position on the German market for social networks, and abused this position (...)

The German Competition Authority prohibits a social network company from abusing its dominant position by combining its user data from different sources (Facebook)
German Competition Authority (Bonn)
Germany 434 contributions 110096 visits
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 considers that a social network company’s data processing terms, enabling the collection, merger, and use of user data without valid consent, constitutes an abuse of a dominant position (Facebook)
Jones Day (Brussels)
Belgium 26 contributions 8169 visits
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Jones Day (Brussels)
Belgium 43 contributions 17921 visits
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Jones Day (Brussels)
Belgium 11 contributions 3612 visits
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In Short The Situation: An investigation launched in 2016 by the German competition authority was meant to determine if Facebook was abusing its market position with its imposition of "misleading" data protection policies. The Result: It was concluded that Facebook’s data processes did abuse its (...)

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)
Germany 23 contributions 13008 visits
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 (...)

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)
United States 16 contributions 7491 visits
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)
Pinsent Masons (London)
United Kingdom 2 contributions 2407 visits
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 an online platform of the social network to be dominant in the market for social networks and prohibits the company from combining user data from different sources (Facebook)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2390 visits
The FCO issued a decision in its Facebook proceeding on 7th February 2019 which concerns the interface between competition law and data protection law. Facebook’s terms and conditions require the user to consent to Facebook’s unrestricted collection of user data and assignment of non-Facebook (...)

The German Competition Authority rules that a social network abused its dominant position by improperly combining the user data that it collected (Facebook)
Technical University of Applied Sciences Wildau
Germany 9 contributions 2678 visits
On February 6th, the Bundeskartellamt (German Federal Cartel Office - “FCO”) ruled that Facebook abused its dominance by improperly combining user data that it collected. The FCO imposed far-reaching restrictions on Facebook’s processing of user data in the future, including a requirement that (...)

The Higher Regional Court of Dusseldorf issues a ruling which suspends the Competition Authority’s decision regarding alleged exploitative abuse of dominance practices of a Big Tech Social Network (Facebook)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4352 visits
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Istanbul Bilgi University
Turkey 2 contributions 35 visits
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ACTECON (Istanbul)
Turkey 12 contributions 2660 visits
Dusseldorf Court’s Decision Suspending the Bundeskartellamt’s Facebook Ruling: A Guideline For Examining Alleged Exploitative Abuses In 2019, the Bundeskartellamt rendered one of the most controversial decisions in the recent competition law history, finding that Facebook’s making the (...)

The US DoJ files a statement asking the Court to order an additional briefing and to hold a hearing on a remedy if it finds a semiconductor company liable for anticompetitive abuses in connection with its patent licensing program (Qualcomm)
Orrick, Herrington & Sutcliffe (Washington)
United States 7 contributions 2921 visits
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Dechert (Washington)
United States 11 contributions 16216 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a highly unusual move, the U.S. Department of Justice Antitrust Division (DOJ) recently  led a statement of interest in the Federal Trade Commission (FTC)’s (...)

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)
Turkey 22 contributions 3407 visits
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DPO Consultancy (‘s-Hertogenbosch)
Netherlands 4 contributions 640 visits
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 orders parties to unwind integration during ongoing investigation of completed acquisition (Tobii / Smart box)
Dechert (London)
United Kingdom 9 contributions 3204 visits
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Orrick, Herrington & Sutcliffe (London)
United Kingdom 8 contributions 2935 visits
For the first time, the UK Competition and Markets Authority (CMA) has flexed its regulatory muscles by ordering the unwinding – during the course of its ongoing investigation – of a completed acquisition. In a demonstration of its willingness to use all of the tools at its disposal – regardless (...)

The UK Competition Authority issues first order reversing pre-closing integration (Tobii / Smartbox)
DLA Piper (London)
United Kingdom 28 contributions 11258 visits
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Akin Gump Strauss Hauer & Feld (London)
United Kingdom 2 contributions 941 visits
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)
France 727 contributions 380082 visits
Wine and spirits* The Autorité de la concurrence clears - subject to conditions - the acquisition of the group Marie Brizard On 3 January 2019, the Compagnie Financière Européenne de Prises de Participation (“Cofepp”) notified the Autorité de la concurrence its intention to acquire sole control of (...)

The US Court of Appeals for the DC Circuit upholds the District Court decision finding a merger in the video distribution sector unlikely to harm competition (AT&T / Time Warner)
McDermott Will & Emery (Washington)
United States 13 contributions 2692 visits
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McDermott Will & Emery (Washington)
United States 14 contributions 3218 visits
“[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 US Court of Appeals for the DC Circuit holds that the DoJ failed to show that the District Court erred in denying the government’s request for a permanent injunction is blocking a merger (AT&T / Time Warner)
Paul Weiss (New York)
United States 1 contribution 68 visits
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Paul Weiss (Washington)
United States 3 contributions 178 visits
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US Department of Justice (Washington)
United States 3 contributions 912 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On February 26, 2019, the United States Court of Appeals for the District of Columbia Circuit held that the U.S. Department of Justice (DOJ) failed to show that (...)

The US Court of Appeals for the DC Circuit 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)
United States 78 contributions 38665 visits
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 DC Circuit upholds the District Court’s decision and rejects the DoJ’s efforts to block a merger between two big media companies (AT&T / Time Warner)
Hogan Lovells (Washington)
United States 16 contributions 6409 visits
On 26 February 2019 AT&T won its appeal at the U.S. Court of Appeals for the District of Columbia Circuit when the district court’s decision denying the government’s attempt to block AT&T from acquiring Time Warner Inc. was upheld. This ends a lengthy antitrust saga that began with (...)

The Polish Competition Authority conditionally approves a merger between liquid carbon dioxide producers to structural and behavioural remedies (Air Products and Chemicals / ACP Europe / Eurocylinder)
Bird & Bird (Warsaw)
Poland 5 contributions 1095 visits
On 25 February 2019, the acquisition of ACP Europe S.A. and Eurocylinder NV (subsidiaries of L’Acide Carbonique Pur) by Air Products and Chemicals, Inc. (“APC”) was conditionally approved by the Polish Competition Authority (“PCA”) (decision DKK-51/2019). The proposed foreign-to-foreign transaction (...)

The Polish Competition Authority clears a merger in the chemical sector imposing a combination of structural and behavioural remedies (Air Products and Chemicals / ACP Europe / Eurocylinder)
Greenberg Traurig (Warsaw)
Poland 29 contributions 79993 visits
On February 25, 2019 the President of the Polish Office of Competition and Consumer Protection (“OCCP”) issued a conditional decision (“Decision”) clearing the concentration consisting in the acquisition by Air Products and Chemicals Inc. (“Air Products”) of ACP Europe S.A. and Eurocylinder NV (...)

The EU Commission sends a statement of objections to a company for alleged infringement of merger commitments (Telefónica Deutschland)
European Commission
Belgium 45 contributions 20348 visits
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Gómez-Acebo & Pombo (Brussels)
United States 51 contributions 27465 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20323 visits
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 EU Commission alleges a telecommunication company has breached its remedies following the clearance of its merger (Telefónica Deutschland)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
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)
Belgium 227 contributions 70744 visits
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 Indian Competition Authority partially approves acquisition of a logistics company’s shares by a financial investment company (SVF Doorbell / Delhivery Private)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41113 visits
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 Hellenic Competition Authority clears the acquisition of the joint control of companies in the media sector (Alpha Satellite / Alpha Radio / Alpha Kronos Radio)
Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1963 visits
MERGER CONTROL-MEDIA SECTOR HCC cleared the acquisition of the joint control of Alpha Satellite TV SA, Alpha Radio SA and Alpha Kronos Radio SA by Motor Oil, Alpha Media and Dimitris Kontominas. In a Plenary Session, the HCC unanimously proceeded in February 2019 to the clearance of the (...)

The UK Competition Authority issues provisional findings in the potential merger between online retailers of delivered goods (Sainsbury / Asda)
Bird & Bird (London)
United Kingdom 19 contributions 3299 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3250 visits
Sainsbury’s and Asda are the second and third largest grocery retailers in the UK respectively, and represent two of the four largest online retailers of delivered goods in the UK. Their networks include supermarkets, convenience stores and petrol filling stations. Both parties also retail (...)

The French and German Governments publish a manifesto calling for a reform of current EU merger rules to shape a "European industrial policy fit for the 21st Century"
ICC France (Paris)
France 36 contributions 8659 visits
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Hogan Lovells (Paris)
France 38 contributions 19476 visits
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Hogan Lovells (Brussels)
Belgium 19 contributions 8453 visits
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Following the European Commission’s prohibition of the Alstom-Siemens transaction, the French and German governments published a manifesto calling for a reform of current EU merger rules to shape a "European industrial policy fit for the 21st Century." This manifesto appears to be directly (...)

The US FTC releases the annual jurisdictional adjustments for premerger notification filings
Hogan Lovells (Northern Virginia)
United States 6 contributions 744 visits
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Hogan Lovells (Washington)
United States 6 contributions 1218 visits
On 15 February 2019 the Federal Trade Commission (FTC) released the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), as well as for Section 8 of the (...)

The EU Commission clears a merger subject to remedies in the aquaculture sector (Amerra and Mubadala / Andromeda / Nireus and Selonda)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
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 US FTC announces its revised jurisdictional thresholds for the HSR and Clayton act
Baker Botts (Washington)
United States 10 contributions 5209 visits
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Baker Botts (Washington)
United States 7 contributions 1211 visits
On February 15, 2019, the Federal Trade Commission announced new jurisdictional thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”) and Section 8 of the Clayton Act (“Corporate Interlock Statute”). The FTC is required to adjust the thresholds annually, based on (...)

The US FTC publishes a notice revising the pre-merger notification thresholds under the HSR Act
Greenberg Traurig (Washington)
United States 1 contribution 30 visits
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Greenberg Traurig (New York)
United States 2 contributions 274 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On Feb. 15 the Federal Trade Commission (FTC) published a notice to revise the premerger notification thresholds for mergers and acquisitions under the (...)

The US FTC increases Hart-Scott-Rodino thresholds for merger notifications
Shearman & Sterling (Washington)
United States 20 contributions 12197 visits
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Shearman & Sterling (New York)
United States 20 contributions 7921 visits
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Shearman & Sterling (Washington)
United States 8 contributions 3197 visits
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The U.S. Federal Trade Commission (FTC) has revised, and once again raised, the thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The new HSR Act thresholds were published in the Federal Register on March 4, 2019 and will go into effect on April (...)

The US FTC announces the annual update of thresholds for premerger notification filings
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 22 contributions 10160 visits
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Fenwick & West (New York)
United States 9 contributions 2028 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 13 contributions 3221 visits
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)
United States 9 contributions 2465 visits
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Morgan Lewis (Washington)
United States 12 contributions 3034 visits
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 Indian Competition Authority approves the acquisition of an 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 Advocates (New Delhi)
India 263 contributions 41113 visits
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 Australian Federal Court orders an undertaking to pay $1.05M for cartel conduct relating to its asset sale agreement (Cryosite / Cell Care)
Aramco Overseas Company (London)
United Kingdom 1 contribution 109 visits
GUN-JUMPING IN VOLUNTARY MERGER REGIMES: THE RISKS KEEPING GLOBAL TRANSACTIONS IN SUSPENSE* Much has been written of the heightened risk of gun-jumping enforcement by competition regulators overseeing mandatory suspensory merger regimes. This article will examine why merger parties and their (...)

The EU Commission lifts commitments adopted in a merger case based on exceptional circumstances review (Air France / KLM)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70744 visits
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 food products sectors (Amcor / Bemis)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
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 UK Competition Appeal Tribunal upholds the Competition Authority’s first infringement decision for breach of an interim order in a merger investigation (Electro Rent)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8560 visits
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Herbert Smith Freehills (London)
United Kingdom 23 contributions 8003 visits
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Herbert Smith Freehills (Brussels)
Belgium 109 contributions 68759 visits
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On 11 February 2019 the Competition Appeal Tribunal (CAT) upheld the CMA’s first infringement decision for breach of an interim order imposed on a completed merger under investigation. Electro Rent had served a break notice on the lease of its UK premises without first seeking the CMA’s consent (...)

The French Competition Authority re-examines and eases merger remedies made by a leading pay TV provider (Canal+ International)
French Competition Authority (Paris)
France 727 contributions 380082 visits
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 EU Commission prohibits a merger in the railway sector (Siemens / Alstom)
Bird & Bird (Paris)
France 23 contributions 3079 visits
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Vaillant Group (Paris)
22 contributions 3225 visits
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Bird & Bird (Dusseldorf)
Germany 21 contributions 2390 visits
Following an in-depth investigation, the European Commission (“EC”) decided on 6 February 2019 to prohibit Siemens’ proposed acquisition of Alstom. According to the EC the combining of Siemens’ and Alstom’s transport equipment and services in a new company fully controlled by Siemens would have (...)

The Mexican Competition Authority clears a merger in the entertainment industry subject to structural remedies (Disney / Fox)
Mexican Competition Authority (Mexico City)
Mexico 129 contributions 24972 visits
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 railway signalling market and very high-speed trains sector (Siemens / Alstom)
European Commission
Belgium 45 contributions 20348 visits
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Gómez-Acebo & Pombo (Brussels)
United States 51 contributions 27465 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20323 visits
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 railway signaling systems market and very high-speed trains sector (Siemens / Alstom)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
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 signaling and very high-speed trains (Siemens / Alstom)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70744 visits
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 railway merger due to very significant overlaps in the companies’ activities in the fields of railway signalling and very high-speed trains and the risk of creating a dominant position (Siemens / Alstom)
Bird & Bird (Paris)
France 23 contributions 3079 visits
The European Commission’s decision to block the Siemens-Alstom mega-merger in February 2019 provoked the anger of the French and German governments that had backed the deal. They accused the Commission of playing against the interests of the European economy by preventing the emergence of a (...)

The EU Commission prohibits a merger in the rolled copper products market (Wieland / Aurubis / Schwermetall)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
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 rolled copper products producers (Wieland / Aurubis / Schwermetall)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70744 visits
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)
Arnold & Porter Kaye Scholer (Brussels)
France 64 contributions 98046 visits
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McDermott Will & Emery (Paris)
France 122 contributions 63494 visits
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)
Ireland 92 contributions 14735 visits
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
Journal of Parliamentary and Political Law (Ottawa)
France 46 contributions 19759 visits
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 (...)

The UK Competition Authority in a series of gun jumping enforcement actions, imposes a fine of £200,000 on an electronics company for gun jumping (Electro Rent)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 37 contributions 37362 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 659 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 32 contributions 36794 visits
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UK Clamps Down On Gun-Jumping On 12 February 2019, the UK Competition and Markets Authority (CMA) imposed a fine of £200,000 on Electro Rent for gun-jumping. [1] This is the third occasion on which the CMA has penalised a company for breaching “standstill” or “hold-separate” obligations under the (...)

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)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
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 General Court annuls the Commission’s State aid decision concerning a Spanish tax regime (Athletic Club)
European Commission
Belgium 45 contributions 20348 visits
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Gómez-Acebo & Pombo (Brussels)
United States 51 contributions 27465 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20323 visits
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 Italian Supreme Court orders the recovery of aid given to Sardinian hotels and dismisses arguments that the local government’s reassurances should provide the undertakings with protection due to legitimate expectations (Eurosarda Gestioni Turistiche)
BonelliErede (Brussels)
Belgium 28 contributions 22889 visits
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Luiss Guido Carli University (Rome)
Italy 23 contributions 883 visits
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BonelliErede (Brussels)
Belgium 24 contributions 1744 visits
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On 26 February 2019, the Supreme Court delivered Decision No. 5594 in a case concerning the reimbursement of aid unlawfully received by Eurosarda Gestioni Turistiche S.r.l. from the Sardinian regional government. Background & facts of the case In Decision 2008/854, the Commission declares (...)

The EU Court of Justice and the General Court rule in two separate judgments on State aid showing their approach to complex economic assessments when the burden of proof is on the Commission (Frucona Kosice) (Fútbol Club Barcelona)
Garrigues (Brussels)
Belgium 19 contributions 11128 visits
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 Commission approves under State aid rules support for 4 floating demonstration offshore wind farms in France
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
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 Italian Regional Administrative Court of Lazio delivers a decision in which it rejects the annulment of state aid in the hospitality sector (Cinzia Hotel)
Maastricht University
Netherlands 23 contributions 883 visits
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BonelliErede (Brussels)
Belgium 28 contributions 22889 visits
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BonelliErede (Brussels)
Belgium 24 contributions 1744 visits
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On 18 February 2019, TAR Lazio delivered Decision No. 2198 in which it rejected an annulment action brought by Cinzia Hotel, a company operating in the hospitality sector in the Emilia Romagna region. Background & facts of the case In 2015, Cinzia Hotel applied for State incentives for (...)

The EU General Court annuls the Commission’s State aid decision regarding the Belgian excess profits tax ruling system (Magnetrol International)
Simmons & Simmons (Brussels)
Belgium 5 contributions 1541 visits
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Simmons & Simmons (Brussels)
Belgium 21 contributions 15711 visits
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)
National and Kapodistrian University of Athens
Greece 6 contributions 1528 visits
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 General Court annuls the Commission’s decision which classified Belgium’s "excess profit" tax scheme as State aid (Magnetrol International)
Van Bael & Bellis (Brussels)
Belgium 152 contributions 32870 visits
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)
Maastricht University
Belgium 338 contributions 58495 visits
Many Tax Rulings Do Not Make a Single Aid Scheme* The autonomy that Member States enjoy in the field of direct taxation must be exercised in compliance with EU State aid law. A State aid measure is considered to be a “scheme” when (a) no further implementing acts are necessary, (b) the granting (...)

The EU General Court points out the methodological weakness of the Commission analysis in a State aid case (Magnetrol International)
Arendt & Medernach (Luxembourg)
Luxembourg 55 contributions 108764 visits
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 on Belgian express profit rulings (Magnetrol International)
Bird & Bird (Brussels)
Belgium 42 contributions 11808 visits
On 14 February 2019, the EU General Court annulled the European Commission’s ("EC") State aid decision of 11 January 2016 on Belgian excess profit rulings ("EPR"). Unlike most State tax aid cases, the Belgian EPR case is not about individual aid but about an aid scheme as defined in Article (...)

The EU General Court delivers its first judgment on State aid through tax rulings by annulling the Commission’s decision on the Belgian excess profit ruling system (Magnetrol International)
Clifford Chance (Brussels)
Belgium 6 contributions 6238 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 14 February 2019, the EU General Court annulled the European Commission’s State aid decision relating to the Belgian excess profit ruling system. The General (...)

The EU Commission launches two public consultations on the revision of the Emissions Trading Scheme State aid Guidelines
Van Bael & Bellis (Brussels)
Belgium 152 contributions 32870 visits
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 Supreme Administrative Court of Poland issues a judgment on state aid qualification of national measures putting higher tax burden on RES producers
Warsaw School of Economics
Poland 16 contributions 809 visits
Background & facts of the case The judgment forms part of a possibly largest dispute recently had in Poland in the area of private enforcement of state aid law. It was sparked with enactment by Poland in 2016, with effect as from 2017, of new rules which, in the view of tax authorities, (...)

The EU Commission launches a public consultation on its Draft Notice on the recovery of unlawful and incompatible State aid
Van Bael & Bellis (Brussels)
Belgium 152 contributions 32870 visits
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 Spanish Supreme Court decides on the interpretation of random discovery of evidence in dawn raids cases (Unión de Recuperación)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45129 visits
The Supreme Court has upheld the appeal lodged by UdER (Unión de Recuperación) against the Judgment of the High Court of 15 December 2017 (appeal number 15/2015), declaring the NMCC’s Decision of 6 November 2014, Recogida de Papel, file S/0430/12 (Decision) null and void. In the said Decision, (...)

The Spanish Supreme Court rejects the applicability of ‘fortuitous discovery’ doctrine when an inspection order is excessively vague (Unión de Empresas de Recuperación)
Cuatrecasas (Madrid)
Spain 3 contributions 1270 visits
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Mondelez (Madrid)
Spain 2 contributions 161 visits
On February 26, 2019, the Spanish Supreme Court ruled on the Unión de Empresas de Recuperación (“UDER”) appeal against the National High Court’s judgment, which had confirmed a 2014 decision of the Comisión Nacional de los Mercados y la Competencia (Spanish Competition Commission, “CNMC”) fining 13 (...)

The US Court of Appeals for the Third Circuit dismisses a complaint only based on past conduct against a pharmaceutical company (Shire Viropharma)
Dechert (Philadelphia)
United States 5 contributions 1434 visits
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Dechert (Philadelphia)
United States 4 contributions 1495 visits
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 US Court of Appeals for the Third Circuit limits the FTC’s ability to seek damages for past conduct in a pharmaceutical patent abuse case (Shire Viropharma)
Jones Day (Washington)
United States 19 contributions 6195 visits
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Jones Day (Washington)
United States 17 contributions 14083 visits
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Jones Day (Washington)
United States 5 contributions 977 visits
In Short The Situation: The United States Court of Appeals for the Third Circuit ruled that the FTC could not recover past profits under FTC Act Section 13(b) if the alleged violation occurred in the past and the defendant was not "violating" or "about to violate" the law. The Impact: The (...)

The US Court of Appeals for the Third Circuit holds the FTC must show defendants are ‘about to violate’ the law for injunctive relief and disgorgement (Shire Viropharma)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 16 contributions 2493 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 19 contributions 6126 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 5 contributions 1501 visits
On February 25, 2019, in FTC v. Shire ViroPharma, Inc., the U.S. Court of Appeals for the Third Circuit confirmed that the Federal Trade Commission (FTC) cannot plead its way into federal court via Section 13(b) of the FTC Act in the absence of specific allegations that a defendant “is (...)

The Dutch Competition Authority takes note of The Hague Court of Appeal’s favourable ruling in a case which alleged the Competition Authority infringed the rights of a defendant in a dawn raid
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33247 visits
Court of Appeal ruling on the (digital) working method of the ACM* The Court of Appeal in The Hague has ruled – just like the preliminary relief judge in The Hague did before – that the way ACM conducts investigations and conducts raids on companies is not in conflict with the law. According to (...)

The Turkish Competition Authority fines a fertiliser supplier for hindering an on-site inspection (Ege Gübre Sanayii)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 75090 visits
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 (...)

The UK Competition Authority publishes guidance for competition disqualification orders against directors
Bird & Bird (London)
United Kingdom 19 contributions 3299 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3250 visits
In the event of a UK competition law infringement, the CMA can seek a Competition Disqualification Order ("CDO") for up to 15 years against (i) any director of company who has committed a breach of competition law and (ii) if the court considers that the individual’s conduct as a director makes (...)

The Czech Competition Authority launches a public consultation and calls for all interested parties, in particular competitors, lawyers and academics, to provide their views and opinions on the transposition of the ECN+ directive
Bird & Bird (Prague)
Czech Republic 25 contributions 4175 visits
At the beginning of this year, the European Parliament and the Council of Ministers issued Directive (EU) 2019/1 to "empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market" (the "ECN+ Directive"). The (...)

The Hungarian Competition Authority publishes a communication on dawn raids
Bird & Bird (Budapest)
Hungary 18 contributions 2236 visits
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Bird & Bird (Budapest)
Hungary 16 contributions 2005 visits
Dawn Raid Communication In early 2019, the GVH issued a communications on dawn raids, detailing the process, the regulatory background and the rights and obligations of the GVH and the undertakings subject to such dawn raid. The Dawn Raid Communication summarized the GVH’s practice in dawn (...)

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
5 contributions 977 visits
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McDermott Will & Emery (Washington)
United States 35 contributions 5701 visits
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)
France 727 contributions 380082 visits
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 Competition Authority publishes its opinion regarding the forthcoming reform of the audiovisual regulatory framework
Vaillant Group (Paris)
22 contributions 3225 visits
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Bird & Bird (Paris)
France 23 contributions 3079 visits
On 21 February 2019, the French Competition Authority (“FCA”) published its opinion regarding the forthcoming reform of the audiovisual regulatory framework, at the request of the French National Assembly. The current framework imposes significant obligations on French TV operators, consisting (...)

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
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46083 visits
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 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
Primerio (Johannesburg)
South Africa 7 contributions 3981 visits
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 (...)

The US House of Representatives Judiciary Committee approves a bill which would open up OPEC nations to antitrust scrutiny by removing sovereign immunity
Shearman & Sterling (Washington)
United States 20 contributions 12197 visits
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Shearman & Sterling (London)
United Kingdom 28 contributions 13472 visits
On Thursday, 7th February, the Judiciary Committee of the U.S. House of Representatives approved the No Producing and Exporting Cartels Act 2019 (NOPEC), potentially setting up a vote by the full House. NOPEC was followed by similar bill, introduced in the Senate by Republican Senator Chuck (...)

The EU Commission conducts a public consultation evaluating the vertical block exemption regulation and the accompanying guidelines on vertical restraints
Bird & Bird (Brussels)
Belgium 42 contributions 11808 visits
Between February and May 2019, the European Commission ("Commission") conducted a public consultation evaluating the Vertical Block Exemption Regulation ("VBER") and the accompanying Guidelines on Vertical Restraints ("VGL"). Stakeholders were invited to evaluate the effectiveness, efficiency, (...)

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)
Baker McKenzie (Madrid)
Spain 32 contributions 25007 visits
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)
Baker McKenzie (Madrid)
Spain 32 contributions 25007 visits
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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