February 2020

General antitrust

 The Italian Government adopts a collective action reform aimed at making collective action proceedings available beyond consumer law
University of Trento (Trento)
Italy 1 contribution 257 visits
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University of Turin (Turin)
Italy 7 contributions 8455 visits
Introduction The new Italian collective action regime was adopted by law 12 April 2019, no. 31, but – after a further postponement occurred at the end of 2019 – it is now set to come into force on 19 November 2020. In particular, the remedy will only be available for claims filed after such (...)

The Belgian Competition Authority publishes its annual enforcement priorities for 2020
Allen & Overy (Brussels)
Belgium 28 contributions 3152 visits
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Bird & Bird (Brussels)
Belgium 13 contributions 1969 visits
On 26 February 2020, the Belgian Competition Authority (“BCA”) published its annual enforcement priorities, which are largely similar to those of 2019: Telecommunications - the BCA notes that the increased reliance on bundled offers in the telecom retail markets has the effect of increasing (...)

The Australian Competition Authority seeks views from parties interested in the allocation and use of the spectrum in the 26-28 gigahertz (GHz) band
Baker McKenzie (Sydney)
Australia 1 contribution 71 visits
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Baker McKenzie (Sydney)
Australia 1 contribution 71 visits
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Baker McKenzie (Sydney)
Australia 6 contributions 1128 visits
The Australian Competition and Consumer Commission (ACCC) seeks views by 27 March 2020 from parties interested in the allocation and use of the spectrum in the 26-28 gigahertz (GHz) band. The spectrum is to be used for 5G technology. Organisations planning to utilise 5G technology may be (...)

The EU Commission confirms the Parliament and Council’s procurement directive to answer the question of COVID-19 may affect the use of the negotiated procedure without prior publication and amending contracts during their term Free
Bird & Bird (Helsinki)
Finland 1 contribution 150 visits
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Dittmar & Indrenius (Helsinki)
Finland 4 contributions 1203 visits
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Bird & Bird (Helsinki)
Finland 14 contributions 1024 visits
The Coronavirus (COVID-19) has in a short time driven the whole world into a state of emergency. The pandemic may cause situations for which contracting authorities cannot have prepared for in advance. In this article, we will look at the question of how COVID-19 may affect the use of the (...)

The Indian Ministry of Corporate Affairs invites public comments on proposed amendments to the Competition Bill
Chandhiok & Mahajan (New Delhi)
India 1 contribution 183 visits
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Chandhiok & Mahajan (New Delhi)
India 3 contributions 1707 visits
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Chandhiok & Mahajan (New Delhi)
India 2 contributions 543 visits
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Ten years of enforcement of the Competition Act, 2002 (Act) necessitated a re-look drawing “from past experience and to prepare for future challenges in the enforcement of competition law framework in India.” Recognising this, the Ministry of Corporate Affairs (MCA) set up the Competition Law (...)

The Indian Ministry of Corporate Affairs notifies the draft Competition Bill 2020 which reflects the recommendations made by the Competition Law Review Committee
Shardul Amarchand Mangaldas (New Delhi)
France 63 contributions 18018 visits
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Shardul Amarchand Mangaldas (New Delhi)
United States 66 contributions 19998 visits
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Shardul Amarchand Mangaldas (New Delhi)
France 66 contributions 18922 visits
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Last week, the Ministry of Corporate Affairs (MCA) notified the Draft Competition (Amendment) Bill 2020 (Draft Bill). The proposed changes reflect recommendations made by the Competition Law Review Committee (CLRC) in July 2019. Public comments may be made until 6 March 2020. The 49 page Draft (...)

The Swedish Competition Authority publishes a report analysis on the number of bidders and the level of litigation in national public procurement
Swedish Competition Authority (Stockholm)
Sweden 65 contributions 9369 visits
A new research report analyses the number of bidders and the level of litigation in Swedish public procurement* The focus of the report is to identify key determinants of competition and litigation in Swedish public procurement and provide some guidelines to support the contracting authorities (...)

Anticompetitive practices

 The Spanish Provincial Court of Pontevedra reduces the amount of damages received by an individual for the acquisition of a truck when the trucks cartel was in place (Man Truck & Bus Iberia / Trucks Cartel)
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31512 visits
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Herbert Smith Freehills (Madrid)
Spain 12 contributions 2031 visits
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Herbert Smith Freehills (Madrid)
Spain 5 contributions 731 visits
The Provincial Court of Pontevedra, Spain (Provincial Court) reduced the amount of damages received by an individual for the acquisition of a truck from one of the companies sanctioned by the European Commission’s decision in case AT.39824 -Trucks (EC Decision) when that cartel was in place (...)

The UK Competition Authority publishes guidance with practical advice for project directors and managers on how to avoid bid-rigging and cartel activity in the construction market
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 137 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 137 visits
The recently published Competition and Markets Authority (CMA) guidance provides practical advice on how to avoid bid rigging and cartel activity. The guidance warns that construction directors, managers and suppliers should be aware that bid rigging can take many forms, for example: bid (...)

The French Competition Authority publishes its contribution to the competition policy debate in light of the digital economy challenge
French Competition Authority (Paris)
France 726 contributions 379133 visits
The Autorité publishes its contribution to the debate on competition policy and the challenges raised by the digital economy* The Autorité de la concurrence publishes its contribution to the debate on competition policy in light of the challenges arising from the digital economy. It is thus (...)

The Indian Competition Authority opens investigations into anticompetitive effects of "across platform parity agreements" in the online travel market (MMT-Go / Treebo / FabHotels)
Cyril Amarchand Mangaldas (Mumbai)
India 1 contribution 56 visits
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Cyril Amarchand Mangaldas (Mumbai)
India 1 contribution 56 visits
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Cyril Amarchand Mangaldas (Mumbai)
India 1 contribution 56 visits
In October 2019, the Competition Commission of India (CCI) had expressed for the first time its prima facie view regarding “across platform parity agreements” (APPAs) / most favoured nation (MFN) clauses while considering a complaint filed by the Federation of Hotel & Restaurant Associations (...)

The EU Commission imposes a €6.7 million fine on a Spanish hotel group for restrictions on cross-border sales of hotel accommodations by including discriminatory clauses in its agreements with tour operators (Meliá)
Van Bael & Bellis (Brussels)
France 163 contributions 55166 visits
On 21 February 2020, the European Commission (the “Commission”) announced its decision to fine Spanish hotel group Meliá € 6,678,000 for including clauses in its agreements with tour operators that discriminated between consumers based on their country of residence. According to the Commission’s (...)

The EU Commission fines a hotel group €6.6M for including restrictive clauses in its agreements with tour operators (Meliá)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2692248 visits
Antitrust: Commission fines hotel group Meliá €6.7 million for discriminating between customers* The European Commission has fined Spanish hotel group Meliá €6 678 000 for including restrictive clauses in its agreements with tour operators. These clauses discriminate consumers within the European (...)

The EU Commission fines €6.678.000 a Spanish hotel group for including restrictive clauses in agreements with tour operators (Meliá)
Kyriakides Georgopoulos (Athens)
Greece 4 contributions 104 visits
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Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1960 visits
On February 21st , the EU Commission fined Spanish hotel group Meliá €6.678.000 for including restrictive clauses in its agreements with tour operators. In February 2017 the Commission opened antitrust investigations into agreements regarding hotel accommodation concluded by Meliá, following (...)

The Dutch Competition Authority opens an investigation into a potential cartel involving reusable waste products and conducts dawn raids in the sector (Waste buyers cartel)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33180 visits
ACM conducts investigation into possible buyer cartel involving reusable waste products* The Netherlands Authority for Consumers and Markets (ACM) is conducting an investigation into a possible buyer cartel involving certain reusable waste products. As part of this investigation, ACM conducted (...)

EIG: The Paris Court of Appeal dismisses the action of a radio-taxi economic interest grouping in Antibes Juan Les Pins against the decision of the French Competition Authority having fined the grouping for a local dimension practice having consisted in non-objectives, non-transparent and discriminatory accessing conditions to the economic interest grouping (GIE Radio Taxi Antibes - Juan Les Pins)
European Court of Justice (Luxembourg)
France 57 contributions 22189 visits
We know that most taxis dare to do anything and that is what they are known for. Even in the courtroom. The latest proof of this is the decision of the Paris Court of Appeal of 20 February 2020 in the very local case, but so much elsewhere verifiable, of the GIE de radio-taxi in (...)

The French Commercial Court of Paris rules that claimants of damages against a yoghurt cartel failed to discharge the burden of proof (Provera / Cora / X Z / Groupe Lactalis / Lactalis Nestlé / Novandie...)
Herbert Smith Freehills (Paris)
France 51 contributions 12139 visits
Brief summary of facts Three companies of the Cora supermarket group sought compensation from dairy companies fined by the French Competition Authority in the context of the "yoghurt cartel" (FCA decision 15-D-03). Dairy companies were found to have participated in price fixing agreements and (...)

The Spanish Competition Authority opens antitrust proceedings against seven firms for suspected price coordination in the real estate intermediation market (Anaconda / Idealista / Inmovilla / Look & Find / MLS / Remax / Witei)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45083 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 21718 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3651 visits
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Following dawn raids in November 2019, the CNMC has opened proceedings against seven firms (CDC Franquiciadora Inmobiliaria, S.A.; Look & Find primera red inmobliaria, S.A.; Aplicaciones Inmovilla, S.L.; Idealista, S.A.; Witei Solutions, S.L.; Anaconda Services and Real Estate Technologies, (...)

The US DoJ confirms it has opened multiple new criminal investigations with its Procurement Collusion Strike Force
Baker Botts (Washington)
United States 4 contributions 417 visits
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Baker Botts (Washington)
United States 1 contribution 145 visits
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Amazon (Washington)
United States 4 contributions 557 visits
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A senior official at the U.S. Department of Justice (“DOJ”) recently confirmed that the Antitrust Division has opened multiple grand jury investigations in connection with the Procurement Collusion Strike Force (“Strike Force”) formed in November of last year. Speaking at a conference on February (...)

The Dutch Trade and Industry Appeals Tribunal confirms that a company on which no fine is imposed could still be able to appeal the infringement decision in cases that it is held jointly and severally liable for the cartel infringement of its wholly-owned subsidiary (College van Beroep)
Bird & Bird (The Hague)
Netherlands 34 contributions 8339 visits
On 18 February 2020 the Dutch Trade and Industry Appeals Tribunal (“CBb”) ruled that a company may still have an interest in bringing proceedings against a cartel infringement decision even if no fine is imposed on it and even if it is not the direct addressee of the infringement decision. In the (...)

The Spanish High Court annuls Competition Authority’s decision fining 12 refrigerated transport companies and one business association for price fixing (ATFRIE)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45083 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3651 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 21718 visits
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The appealed Decision stated that the Spanish Association for Refrigerated Transportation (ATFRIE, in its Spanish acronyms), a business association of the main national companies involved in refrigerated transportation, had met to fix prices in the sector of refrigerated transport. The meetings (...)

The Mexican Competition Authority imposes fines totalling MX$28.8 million on polyethylene gloves providers for price coordination and bid-rigging in the health sector (Galeno / Holiday)
Mexican Competition Authority (Mexico City)
Mexico 128 contributions 24948 visits
COFECE sanctions polyethylene gloves providers for coordinating their prices and discounts bids in public procurement in the health sector*  The Commission proved the responsibility of Galeno and Holiday in the execution of absolute monopolistic practices, also known as collusive agreements or (...)

The Latvian Administrative Regional Court upholds the Competition Authority’s decision on a prohibited agreement between manufacturers and traders of building materials (Kesko Senukai Latvia / Kurši)
Latvian Competition Council (Riga)
Latvia 116 contributions 22673 visits
Court leaves effective a decision of the Competition Council on a prohibited agreement of “Kesko Senukai Latvia” and “Kurši”* The Administrative Regional Court in its judgments of 17 February has rejected applications of AS “Kesko Senukai Latvia” and SIA “Tirdzniecības nams “Kurši”” on cancellation (...)

The Spanish Competition Authority dismantles a cartel affecting the supply of radars to the national meteorological agency (AEMET)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90626 visits
On 13 February 2020, the Spanish Competition Authority (“CNMC”) imposed fines totalling € 610,000 on three companies involved in cartelising the market for the supply of radars to the Spanish national meteorological agency (“AEMET”) between autumn 2014 and the end of 2018. The investigation was (...)

The Canadian Competition Authority fines $1.3 million for allegedly failing to adequately disclose the full price of tickets in the online ticket seller market (StubHub)
Steve Szentesi Law Corporation (Vancouver)
Canada 55 contributions 14240 visits
The Price, the Whole Price and Nothing But the Price: StubHub Pays $1.3 Million Penalty Following Bureau Drip Pricing Probe* The Competition Bureau’s (Bureau) top priority for enforcement and advocacy is currently the digital economy (see, for example, here, here, here, here and here). And for (...)

The Spanish Competition Authority imposes fines totaling €610K on an electric company for bid-rigging in the market for supply and maintenance of weather radars (AEMET)
Ashurst (Madrid)
Spain 8 contributions 1324 visits
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Ashurst (Madrid)
Spain 13 contributions 2068 visits
The Spanish Competition Authority ("CNMC") has fined Schneider Electric Spain ("Schneider"), Adasa Sistemas ("Adasa") and DTN Services and Systems Spain ("DTN") a total of EUR 610,000 for organising a bid rigging cartel in the market for the supply and maintenance of weather radars tendered by (...)

The Canadian Competition Authority levies $1.3 million fine for alleged misleading representations in online sales of event tickets (Stubhub)
Journal of Parliamentary and Political Law (Ottawa)
France 46 contributions 19727 visits
Introduction There are no rock bottom bargains on offer at StubHub Canada Ltd as Canadian consumers found out the hard way, falling victim to a possible case of drip pricing. StubHub Canada Ltd is a subsidiary of StubHub Inc, an American exchange and resale ticket company that offers services (...)

The Polish Competition Authority imposes a fine on a manufacturer of office equipment who set minimum online sale prices for its printers (Brother)
Bird & Bird (Warsaw)
Poland 19 contributions 2861 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 2861 visits
In February 2020, the Polish Competition Authority (“UOKiK”) announced that in December 2019 it imposed a PLN 1.4 million fine on Brother Central & Eastern Europe (“Brother”), a manufacturer of office equipment, which set minimum online sale prices for printers. Between 2010 and 2017, Brother (...)

The Polish Competition Authority imposes a €325,000 fine on an office equipment maker for engaging in online retail price maintenance (Brother)
Van Bael & Bellis (Brussels)
France 163 contributions 55166 visits
On 11 February 2020, the Polish Office of Competition and Consumer Protection (the “UOKIK”) imposed a fine of PLN 1.4 million (approximately € 325,000) on office equipment maker Brother for online retail price maintenance (“RPM”). The UOKIK’s decision explains that, between the years 2010 and 2017, (...)

The Peruvian Competition Authority initiates a proceeding against construction companies and their executives for bid-rigging in the construction sector (Altesa Contratistas Generales)
Peruvian Competition Authority - INDECOPI (Lima)
Peru 8 contributions 1896 visits
Indecopi has initiated an administrative sanctioning proceeding against 35 construction companies and 28 of their executives for an alleged liability of participating in bid rigging in 112 public tenders nationwide in the construction sector* The 112 tenders were convened by the Ministry of (...)

The Spanish Competition Authority accepts commitments offered by a sports manufacturer and retailer following a complaint on the imposition of restrictions in the distribution network (Adidas / LDC)
Ashurst (Madrid)
Spain 13 contributions 2068 visits
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Ashurst (Madrid)
Belgium 6 contributions 763 visits
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Ashurst (Madrid)
Spain 8 contributions 1324 visits
The CNMC has accepted commitments offered by Adidas Spain ("Adidas") and closed the investigation that had been initiated in November 2018, following a complaint lodged by BCINCOPE (an Adidas franchisee), for an alleged infringement of articles 1 SCA and 101 TFEU in the Spanish retail market (...)

The Spanish Competition Authority accepts commitments by a sports brand in connection with contractual provisions applied within its selective distribution network (Adidas / LDC)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45083 visits
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Latham & Watkins (Brussels)
Belgium 24 contributions 3036 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 21718 visits
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The CNMC has reached a commitments decision with Adidas regarding restrictive practices in the Spanish retail market for clothing and footwear contrary to Article 1 SCA. Adidas submitted commitments addressing the CNMC’s concerns regarding certain clauses in the retail sports clothing company’s (...)

The Spanish Competition Authority ends an infringement proceeding by adopting a commitment decision following a sports brand’s alleged anti-competitive conduct (Adidas / LDC)
CMS Albiñana y Suárez de Lezo (Madrid)
Spain 1 contribution 311 visits
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CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3166 visits
Background On 6 February 2020, the Spanish Competition Authority (Comisión Nacional de los Mercados y la Competencia, hereinafter the “CNMC”) adopted a commitment decision to end the infringement proceedings (S/DC/0631/18) initiated in November 2018 against Adidas, S.A.U. (“Adidas”) for alleged (...)

The Indian Competition Authority rules that the conduct of a bidder who hires proxy bidders is not anti-competitive (Plasser / Harbour Sales)
Shardul Amarchand Mangaldas
3 contributions 877 visits
Recently, Competition Commission of India (CCI) in the case of Plasser India v. Harbour Sales Private Limited., (Plasser India case) decided that a mere possibility of potential collusion based on common ownership of agents in a bid does not show anti-competitive conduct thereby not leading to (...)

The Russian Competition Authority analyses the state of competition in the market for seeding soybeans
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
FAS ANALYSED THE STATE OF COMPETITION ON THE MARKET OF SEEDING SOYBEANS* The results show significant dependence of the Russian market on import of the agricultural crop The goal of the survey1 is to analyze dependence of the domestic market on supplies of foreign-developed seed material to (...)

The US DoJ indicts a third individual for bid-rigging in online auctions for surplus government equipment (GSA Auctions / Alan Gaines)
Baker Botts (Washington)
United States 4 contributions 417 visits
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Clifford Chance (Washington)
United States 11 contributions 2466 visits
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Baker Botts (Washington)
United States 4 contributions 557 visits
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On February 5, 2020, the Antitrust Division of the U.S. Department of Justice (“DOJ”) announced the indictment of a Missouri man – the third individual to be charged – for participation in a conspiracy to rig bids submitted to the General Services Administration (“GSA”) at online auctions for (...)

Unilateral Practices

 The Spanish Competition Authority fines the national postal company EUR 32.6 Million for abuse of dominant position (Correos)
Bird & Bird (Madrid)
Spain 29 contributions 4410 visits
On February 18, 2022, the Spanish Competition Authority (“CNMC”) decided to fine the National Postal Company, Correos, EUR 32.6 million after concluding that the application of certain discounts would have had a potential foreclosing effect on the retail market for the provision of traditional (...)

The Swedish Patent and Market Court of Appeal overturns Competition Authority’s decision and finds that the termination of a contract with a competitor does not constitute an abuse of a dominant position (Svenska Förpacknings och Tidningsinsamlingen)
Swedish Competition Authority (Stockholm)
Sweden 65 contributions 9369 visits
The termination of a contract with a competitor did not constitute an abuse of a dominant position* Svenska Förpacknings- och Tidningsinsamlingen, FTI, does not have to provide its competitor TMResponsibility, TMR, access to recycling stations. The decision of the Patent and Market Court of (...)

The Italian Competition Authority investigates online sales platforms for excessive pricing of hand sanitizers and respiratory protection masks in the face of COVID-19 outbreak Free
Italian Competition Authority (Rome)
Italy 63 contributions 16193 visits
ICA: Coronavirus, the Authority intervenes in the sale of sanitizing products and masks* Today the Autorità Garante della Concorrenza e del Mercato (the Italian Antitrust Authority) sent a request for information to the main online sales platforms and other sales sites about the marketing of (...)

The German Competition Authority finds in a preliminary assessment that requests for special rebates from a furniture retailer to its suppliers could have been abusive (XXXLutz)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64966 visits
According to a press release and case report of 27 February 2020, the German Federal Cartel Office (“FCO”) found in a preliminary assessment that requests for special rebates of furniture retailer XXXLutz could have been abusive. After the retailer changed its conduct, the FCO decided not to (...)

The Italian Competition Authority fines €116M the largest national telecommunications provider for broadband market abuse (TIM)
Van Bael & Bellis (Brussels)
Belgium 1 contribution 182 visits
On 25 February 2020, the Italian Competition Authority (“AGCM”) fined Telecom Italia (“TIM”) € 116 million for abusing its dominant position in the broadband market by hindering its competitors’ investments in ultra-fast broadband. TIM is currently the largest telecommunications pro- vider in Italy. (...)

The US Court of Appeals for the Seventh Circuit finds that the District Court should not have dismissed a monopolization and tying arrangement suit in the telecoms sector (Comcast / Viamedia)
Hausfeld (New York)
United States 12 contributions 2744 visits
On February 24th, a Seventh Circuit Court of Appeals panel ruled unanimously that a District Court should not have dismissed a monopolization and tying arrangement suit brought against Comcast by Viamedia, a supplier of advertising services to cable companies and other television content (...)

The French Competition Authority fines a company for non-compliance with commitments in the funeral insurance market in La Réunion (Mutualité de la Réunion)
French Competition Authority (Paris)
France 726 contributions 379133 visits
The Autorité de la concurrence has fined La Mutualité de la Réunion for non-compliance with commitments* In brief The Autorité has imposed a fine of €200,000 on La Mutualité de la Réunion (MR) for failing to comply with part of the commitments it had entered into before the Autorité that aimed to (...)

The Canadian Competition Authority receives a complaint about abuse of dominance in the internet services market (Teksavvy / Bell / Rogers)
Affleck Greene McMurtry (Toronto)
Canada 5 contributions 987 visits
TekSavvy Claims That Bell And Rogers Abuse Their Dominant Position For Internet Services* In a public version of its complaint to the Canadian Competition Commissioner (see below), Internet re-seller TekSavvy says that Bell Canada and Rogers Communications Canada have been abusing their (...)

The Turkish Competition Authority imposes fines totalling €13M on a Big Tech company for excluding its competitors in shopping comparison services (Google)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4342 visits
On May 27, 2020, the Turkish Competition Authority (“TCA”) published its Google Shopping Decision (13.02.2020, 20-10/119-69) whereby it imposed an administrative fine amounting to approx. EUR 13 million on Google for hindering the activities of its competitors in the “shopping comparison services (...)

The Turkish Competition Authority imposes remedies on a Big Tech company which will remove the display of its shopping unit (Google)
ACTECON (Istanbul)
Turkey 26 contributions 9271 visits
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ACTECON (Istanbul)
Turkey 12 contributions 1499 visits
On 29th of July, Google announced that starting from 10 th of August, it will be removing shopping ads (or “the Shopping Unit” as referred by the TCA as well as by the EU Commission) from its search pages in Turkey. According to the tech giant, the decision was taken because of the uncertainties (...)

The EU General Court hears an appeal following an abuse of dominance decision involving online comparison shopping services (Google Shopping)
Hausfeld (London)
United Kingdom 20 contributions 4795 visits
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Hausfeld (London)
United Kingdom 3 contributions 607 visits
Introduction From 12-14 February 2020, the European Union’s General Court (the “General Court”) heard Google’s appeal of the European Commission’s 27 June 2017 abuse of dominance decision pursuant to Article 102 TFEU (the “Decision”) involving on-line comparison shopping services (“CSSs”). A central (...)

The EU General Court hears an appeal against an abuse of dominance decision in online comparison shopping services (Google Shopping)
Catholic University of Louvain
Belgium 1 contribution 262 visits
Background On 27 June 2017, the European Commission imposed a record fine of 2.42 billion euros to Google for abuse of dominant position under Article 102 TFEU consisting in self-favouring its own Comparison Shopping Service (“CSS”) by displaying it more prominently and under enriched features (...)

The US FTC starts examining acquisitions by 5 Big Tech companies from the 2010-2019 period that were not reported to the antitrust agencies under the Hart-Scott-Rodino Act (Alphabet / Amazon / Apple / Facebook / Microsoft - 6(b) Platform Study)
US Federal Trade Commission (FTC) (Washington)
United States 153 contributions 37739 visits
FTC to Examine Past Acquisitions by Large Technology Companies* Agency Issues 6(b) Orders to Alphabet Inc., Amazon.com, Inc., Apple Inc., Facebook, Inc., Google Inc., and Microsoft Corp. The Federal Trade Commission issued Special Orders to five large technology firms, requiring them to (...)

Unfair practices

 Importation exclusive : La Cour d’appel de Paris réforme partiellement une décision sanctionnant des pratiques d’importations exclusives en Outre-mer post loi Lurel (A.D.L.P.)
L’actu-concurrence (Paris)
France 4562 contributions 1146271 visits
Le 20 février 2020, la Chambre 5-7 de la Cour d’appel de Paris a rendu un arrêt réformant partiellement la décision n° 18-D-21 du 8 octobre 2018 relative à des pratiques mises en œuvre dans le secteur des produits de grande consommation sur les îles du territoire de Wallis-et-Futuna, par laquelle elle (...)

Mergers

 The US FTC files an administrative complaint alleging that a proposed merger will reduce competition in the hospital sector (Thomas Jefferson / Albert Einstein Healthcare)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38665 visits
Will FTC’s winning record end planned Philadelphia-area hospital merger?* The FTC and State of Pennsylvania on February 28 moved to block the proposed merger of Jefferson Health and Albert Einstein Healthcare Network, two leading providers of inpatient general acute care hospital services and (...)

The US FTC updates the notification thresholds that determine whether proposed transactions may trigger a filing obligation under the HSR Act
Baker McKenzie (Washington)
United States 2 contributions 491 visits
Overview The Federal Trade Commission has announced the annual adjustment to notification thresholds that determine whether proposed transactions may trigger a filing obligation under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The revised thresholds will apply to all (...)

The EU Commission clears a merger, subject to remedies, in the market of manufacturing and supplying doors (Assa Abloy / Agta Record)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2692248 visits
Mergers: Commission approves Assa Abloy’s acquisition of Agta Record, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Agta Record by Assa Abloy. The approval is conditional on the implementation of a remedy package by Assa (...)

The Indian Competition Authority finds that the acquisition of two power suppliers by an energy conglomerate has no appreciable adverse effect on competition (THDC / NEEPCO / NTPC)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 7935 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9724 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9779 visits
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NTPC is a public company incorporated in India under the administrative control of the Ministry of Power, Government of India (“GoI”). NTPC is an energy conglomerate primarily engaged in electric power generation through coal-based thermal power plants, generation of electricity from hydro and (...)

The Australian Competition Authority clears a proposed merger in the raw milk market (Lion Dairy & Drinks / Mengniu)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 78001 visits
Mengniu deal to buy Lion Dairy & Drinks not opposed* The ACCC will not oppose the proposed acquisition of Lion Dairy & Drinks Pty Ltd (Lion D&D) by China Mengniu Dairy Company Ltd (Mengniu) after closely considering the potential impact on competition. Mengniu is proposing to (...)

The Polish Competition Authority clears a takeover of assets between two parties involved in the production and distribution of personal care products (Cussons / Sarantis)
Bird & Bird (Warsaw)
Poland 19 contributions 2861 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 2861 visits
In March 2020, the Polish Competition Authority ("UOKiK") announced that in late February 2020 it cleared Sarantis’ takeover of assets belonging to PZ Cussons International and PZ Cussons Polska ("Cussons"). All parties involved produce and distribute personal care products. In fact, the (...)

The Australian Competition Authority clears a proposed merger in the printing paper market (Direct Paper / Spicers)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 78001 visits
Spicers’ Direct Paper acquisition not opposed* The ACCC will not oppose the proposed acquisition of Direct Paper by Spicers Limited, finding that alternative suppliers of commercial printing paper and direct supply arrangements between printers and paper mills will continue to provide strong (...)

The French Competition Authority clears, without remedies, the joint takeover of a transport company (Satar / Inseco / Stef)
Linklaters (Brussels)
Belgique 3 contributions 982 visites
On the 20th February 2020, the French Competition Authority (FCA) has cleared unconditionally the joint takeover of Satar by Inseco and Stef. The Authority, therefore, assessed the effects of this takeover to determine whether it would raise concerns in the market for road haulage of goods (...)

The EU Commission unconditionally approves proposed acquisition of joint control in the telecommunications market (Prosegur Alarmas / Telefónica / Prosegur)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2692248 visits
Mergers: Commission approves acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur. The (...)

The French Competition Authority publishes its contribution to the debate on competition policy and digital challenges with a section dedicated to the redefinition of its merger control tools in the digital economy
Vaillant Group (Paris)
22 contributions 3222 visits
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Bird & Bird (Paris)
France 23 contributions 3076 visits
Since 2017, the French Competition Authority (FCA) has been working on the simplification and modernisation of merger control in France, which resulted in particular in: (i) several public consultations on new guidelines aiming at replacing the current ones in the course of 2020; (ii) a new (...)

The Finnish Market Court upholds the Competition Authority’s request to prohibit a proposed acquisition of a grocery wholesaler on the basis that it would become dominant in the market (Kesko / Heinon Tukku)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70718 visits
On 17 February 2020, the Finnish Market Court (the “Court”) upheld the request of the Finnish Competition and Consumer Authority (the “KKV”) to prohibit Kesko’s proposed acquisition of grocery wholesaler Heinon Tukku. The Court’s judgment may be appealed before the Finnish Supreme Administrative (...)

The Finnish Market Court upholds the Competition Authority’s decision to block a merger between grocery wholesalers, making it the first merger ever prohibited in the country (Kesko / Heinon Tukku)
Finnish Competition and Consumer Authority (Helsinki)
Finland 72 contributions 12179 visits
Kesko’s acquisition of Heinon Tukku blocked by the Finnish Market Court* The merger between Finnish grocery wholesalers, Kesko and Heinon Tukku, was prohibited by the Market Court on 17 February 2020. In accordance with the Finnish Competition and Consumer Authority’s (FCCA) proposal, the Market (...)

The Finnish Market Court blocks for the first time a merger between two wholesalers in the grocery market (Kesko / Heinon Tukku)
Hannes Snellman (Helsinki)
Finland 23 contributions 2910 visits
On 17 February 2020, the Market Court prohibited a merger between Finnish grocery wholesalers, Kesko and Heinon Tukku. This was the first time a merger has been prohibited in Finland after merger control rules were introduced in 1998. Previous three prohibition proposals of the Finnish (...)

The Philippine Competition Commission publishes the Commission Resolution which adjusts the mandatory notification thresholds under the Philippine Competition Act
Baker McKenzie (Manila)
Philippines 1 contribution 326 visits
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Baker McKenzie (Manila)
Philippines 1 contribution 326 visits
Recent Developments On 17 February 2020, the Philippine Competition Commission (PCC) published PCC Commission Resolution No. 02-2020 dated 11 February 2020 (CR No. 02-2020) on its website, which adjusts the mandatory notification thresholds under the Philippine Competition Act (PCA) and PCA (...)

The US District Court for the Southern District of New York clears a merger between the top third and fourth wireless communications provider (State AGs / T-Mobile / Sprint)
Weil, Gotshal & Manges (New York)
United States 1 contribution 544 visits
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Weil, Gotshal & Manges (Washington)
United States 2 contributions 1011 visits
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Weil, Gotshal & Manges (Washington)
United States 3 contributions 1269 visits
T-Mobile’s Marathon to Acquire Sprint: Five Takeaways from the T-Mobile/Sprint Antitrust Litigation After almost two years of scrutiny by state and federal regulators and an ensuing court battle, T-Mobile US, Inc. (“T-Mobile”) is moving forward with its acquisition of Sprint Corporation (...)

The Indian Competition Authority conditionally approves a merger between two auto parts manufacturers (Wabco / ZF)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 7935 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9724 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9779 visits
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ZF is a global technology company, headquartered in Germany which develops, manufactures and distributes products and systems for passenger vehicles (“PVs”), commercial vehicles (“CVs”), o- highway vehicles (“OHVs”) and industrial technology. ZF is present in India by way of its various subsidiaries (...)

The Australian Federal Court declares that a proposed merger in the retail mobile market would not substantially lessen competition (TPG / Vodafone)
Australian Competition and Consumer Commission (Sydney)
Australia 9 contributions 829 visits
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Herbert Smith Freehills (Sydney)
Australia 15 contributions 1110 visits
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Herbert Smith Freehills (Sydney)
Australia 1 contribution 46 visits
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On 13 February 2020, the Federal Court of Australia declared that the proposed merger between TPG Telecom Limited (TPG) and Vodafone Hutchison Australia (Vodafone) would not have the likely effect of substantially lessening competition in the retail mobile market, and therefore would not (...)

The Australian Federal Court approves a merger between an incumbent and a potential entrant in the retail mobile market (TPG / Vodafone)
RBB Economics (Melbourne)
Australia 1 contribution 177 visits
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RBB Economics (Melbourne)
Australia 1 contribution 177 visits
1.Introduction On 13 February 2020, the Federal Court of Australia (Federal Court) declared that the proposed merger between Vodafone Hutchison Australia (Vodafone) and TPG Telecom (TPG) (Vodafone / TPG) was unlikely to lead to a significant lessening of competition in the Australian retail (...)

The Czech Competition Authority authorizes a merger between two companies operating in residential and commercial property rentals (Heimstaden / Residomo)
Dentons (Prague)
Czech Republic 14 contributions 3137 visits
In a simplified procedure, the Office for the Protection of Competition authorised the merger of Heimstaden Bostad AB with RESIDOMO, s.r.o., RESIDOMO Services, s.r.o. and DomTherm, s.r.o. The Swedish group thus gains the opportunity to control the aforementioned companies exclusively. The (...)

The US FTC issues special orders to large technology companies requesting information on prior acquisitions completed over the last decade (Alphabet / Amazon / Apple / Facebook / Microsoft)
McDermott Will & Emery (Washington)
United States 2 contributions 198 visits
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McDermott Will & Emery (Washington)
United States 1 contribution 110 visits
On Feb. 11, the Federal Trade Commission announced that it had issued special orders to five large technology companies, requesting information on prior acquisitions completed by the companies during the past 10 years. The FTC’s announcement follows several recent high-profile events relating (...)

The Belgian Competition Authority approves a request from a major cinema complex operator to lift one of the merger commitments previously imposed (Kinepolis)
Allen & Overy (Brussels)
Belgium 28 contributions 3152 visits
On 11 February 2020, the Belgian Competition Authority (BCA) approved a request from the Kinepolis group, a major cinema complex operator, to lift one of the merger commitments which had been imposed on the group in the 90s. Since the creation of the Kinepolis group in 1997 following the (...)

The South African Competition Authority recommends approving an acquisition subject to several conditions (PepsiCo / Pioneer)
Primerio (Johannesburg)
South Africa 7 contributions 3979 visits
South Africa: PepsiCo acquisition of Pioneer recommended for approval, at a price!* On 11 February 2020, the South African Competition Commission (SACC) recommended that PepsiCo’s acquisition of Pioneer Foods, be approved, subject to a number of conditions. Despite there being no material (...)

The Indian Competition Authority unconditionally approves a joint venture between two car manufacturers (Mahindra & Mahindra / Ford)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 7935 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9724 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9779 visits
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The CCI has approved the formation of a JV between M&M and FMC and the transfer of the automotive business of Ford India Private Limited (“FIPL”) to the JV. As per the business transfer agreement (“BTA”), the business of FIPL, other than certain assets relating to its powertrain business, will (...)

The Dutch Competition Authority clears a merger between two data center companies (InterXion / Digital Reality)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33180 visits
ACM clears acquisition of InterXion by Digital Realty* The acquisition of InterXion by data center Digital Realty has been cleared. Both companies commercially exploit data centers in major cities around the world, including Amsterdam. The Netherlands Authority for Consumers and Markets (ACM) (...)

The EU Commission opens an in-depth investigation into a merger in the retail markets for optical products (EssilorLuxottica /GrandVision)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2692248 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of GrandVision by EssilorLuxottica* The European Commission has opened an in-depth investigation to assess the proposed acquisition of GrandVision by EssilorLuxottica, under the EU Merger Regulation. The Commission is (...)

The Czech Competition Authority approves a merger between two competitors in the financial services market (Moneta Money / Wüstenrot)
Dentons (Prague)
Czech Republic 5 contributions 606 visits
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Bird & Bird (Prague)
Czech Republic 25 contributions 4160 visits
On 6 February 2020, the Office for the Protection of Competition (the “Authority”) cleared the merger between competitors Moneta Money Bank and WÜSTENROT – stavební spořitelna a.s.. ní banka a.s.. The acquired companies mainly operate in the area of providing financial services relating to building (...)

The Chinese Competition Authority publishes a formal statement on revised procedures for merger filings during the COVID-19 crisis Free
O’Melveny & Myers (Brussels)
Belgium 3 contributions 1328 visits
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O’Melveny & Myers (Washington)
United States 3 contributions 1102 visits
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O’Melveny & Myers (Hong Kong)
Hong Kong 7 contributions 11279 visits
These moves follow similar actions by the State Administration for Market Regulation (“SAMR”), China’s antitrust authority. On February 6, SAMR issued a formal statement laying out revised procedures for merger filings, prohibiting face-to-face meetings and requiring parties to submit pre-merger (...)

The UK Competition Authority investigates on a £5,9 billion merger in the food delivery market (Takeaway / JustEat)
Bird & Bird (London)
United Kingdom 3 contributions 459 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3248 visits
The Competition and Markets Authority (“CMA”) is currently investigating Takeaway.com’s acquisition of UK-listed Just Eat for £5.9 billion (see link). Shares in the combined company, Just Eat Takeaway, started trading on 3 February. However, the CMA’s initial enforcement order prohibits the (...)

The Croatian Competition Authority clears a merger in the pay television transmission services market (Slovenia Broadband / Tele2)
Croatian Competition Agency (Zagreb)
Croatia 115 contributions 18339 visits
Slovenia Broadband and Tele2 merger approved* In the assessment procedure of the concentration between the undertakings Slovenia Broadband and Tele2 the CCA took into account all relevant facts, the results of the legal and economic analysis and the effects of the vertical concentration on (...)

State Aid

 The EU Commission opens an in-depth investigation into public service delegation contracts for maritime services which potentially constitute State aid in Corsica (Corsica Linea)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2692248 visits
State aid: Commission launches in-depth investigation into public service delegation contracts for maritime services to Corsica* The European Commission has launched an in-depth investigation to determine whether the public service delegation contracts for maritime services to Corsica awarded (...)

The EU Commission opens an in-depth investigation into the regulation mechanism for natural gas storage in France
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2692248 visits
State aid: the Commission launches an in-depth investigation into the regulation mechanism for natural gas storage in France* The European Commission has launched an in-depth investigation in order to determine whether the regulation mechanism for the storage of natural gas implemented by (...)

The EU Commission opens an in-depth investigation relating to potential State aid in the Italian airline sector (Alitalia)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2692248 visits
State aid: Commission opens in-depth investigation into €400 million Italian government loan to Alitalia* The European Commission has opened an in-depth investigation to assess whether Italy’s € 400 million loan granted to Alitalia constitutes State aid and whether it complies with the rules on (...)

The EU Commission approves public funding granted by Romania to an airport as well as the fees payable by all airlines using the airport (Timișoara)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2692248 visits
State Aid: Commission clears public support to Timișoara Airport, airport fees and discounts, as well as individual agreements with Wizz Air* The European Commission has cleared the public funding granted by Romania to Timișoara Airport between 2007 and 2009, as well as the fees payable by all (...)

The EU Commission approves a Romanian rescue aid to state-owned airline company (TAROM)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2692248 visits
State aid: Commission approves around €36 million Romanian rescue aid to state-owned flag carrier TAROM* The European Commission has approved, under EU State aid rules, Romania’s plans to grant a temporary loan of approximately €36.7 million (around RON 176 million) to the state-owned flag (...)

The EU Commission opens public consultations on the prolongation of EU State aid regulations and guidelines for agriculture, forestry, rural areas, fishery, and aquaculture
European Commission
Belgium 45 contributions 20341 visits
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Gómez-Acebo & Pombo (Brussels)
United States 51 contributions 27454 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20316 visits
The Commission has opened two public consultations to receive contributions from interested parties on whether to prolong (i) the guidelines for State aid in the agricultural and forestry sectors and in rural areas and (ii) the block exemption regulations for the aforementioned and for fishery (...)

Procedures

 The Regional Court of Munich dismisses follow-on damages claims totalling €600M against participants in a truck cartel (Trucks Cartel)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46060 visits
On 7 February 2020, the Regional Court of Munich (the “Court”) dismissed a follow-on claim for damages brought by litigation vehicle Financial right, a registered legal services company. The claim followed a 2016 fining decision of the European Commission (the “Commission”) against participants in (...)

The German Regional Court of Munich dismisses a claim for damages arising from a cartel in the market for trucks by a special purpose vehicle for lack of standing (Truck Cartel) New
Hogan Lovells (Munich)
Germany 46 contributions 23779 visits
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Hogan Lovells (Munich)
Germany 21 contributions 3616 visits
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Hogan Lovells (Munich)
Germany 16 contributions 819 visits
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Brief summary of facts Claimant, a German undertaking offering enforcement of cartel damages claims (special purpose vehicle), brought an action for damages under assigned rights against participants of the truck cartel, which was fined by the European Commission in its decision of 19 July (...)

The Amsterdam Court of Appeal rules that cartel damages claims filed by a claim vehicle are not time-barred under Spanish, Finnish, and Swedish law in the chemicals market (CDC / Kemira)
KPN (Amsterdam)
Netherlands 33 contributions 7019 visits
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Bird & Bird (The Hague)
Netherlands 34 contributions 8339 visits
On 4 February 2020, the Amsterdam Court of Appeal (“Court of Appeal”) ruled that cartel damage claims that were filed by claim vehicle CDC against Kemira were not time-barred under Spanish, Finnish and Swedish law. The Court of Appeal also dismissed Kemira’s challenge to the way in which the (...)

The US FTC and the FDA issue a joint statement and plan seeking to advance biosimilar competition and combat deceptive and anticompetitive practices in the biologic marketplace
White & Case (Washington)
United States 9 contributions 1286 visits
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White & Case (Washington)
United States 9 contributions 3514 visits
On February 3, 2020, the Federal Trade Commission ("FTC") and the Food and Drug Administration ("FDA") issued a joint statement and plan seeking to advance biosimilar competition and combat deceptive and anticompetitive practices in the "biologic marketplace." As discussed below, the FTC and (...)

The German Regional Court of Munich provides a guidance document which sets out how the Court intends to apply a landmark ruling of the EU Court of Justice (Huawei / ZTE)
Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50188 visits
In February 2020, the Regional Court of Munich published a guidance document that sets out how that court intends to apply the landmark ruling of the Court of Justice of the European Union (the “ECJ”) in Huawei v. ZTE (Case C-170/13). The ECJ’s ruling provided the practical steps which Standard (...)

Regulatory

 The Australian Competition Authority announces its compliance and enforcement policy and priorities for 2020
Baker McKenzie (Sydney)
Australia 6 contributions 1128 visits
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Baker McKenzie (Melbourne)
Australia 1 contribution 424 visits
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Baker McKenzie (Sydney)
Australia 5 contributions 1057 visits
Beliefs in markets and consumer protection guide the ACCC’s investigations and enforcement actions At an event hosted by the Committee for Economic Development of Australia in Sydney on Tuesday, Rod Sims, Chairman of the Australian Competition and Consumer Commission (ACCC), announced the (...)

The Chinese State Administration for Market Regulation releases antitrust guidelines for the automotive industry
King & Wood Mallesons (Beijing)
China 18 contributions 4486 visits
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Shihui Partners (Beijing)
China 2 contributions 326 visits
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King & Wood Mallesons (Beijing)
China 2 contributions 326 visits
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China’s Auto Antitrust Guidelines Released to the Public* On 20 February 2020, in his annual review “Dedicated to Fair Competition and Serving Reform and Development – Overview of Antitrust Work in 2019”, Mr. Wu Zhenguo, the Director of the Anti-monopoly Bureau (“AMB”) of the State Administration (...)

The Chinese State Administration for Market Regulation publishes guidelines for the automobile sector
AnJie Broad Law (Beijing)
China 39 contributions 12072 visits
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AnJie Broad Law (Beijing)
China 11 contributions 1637 visits
Implications of China’s Antitrust Guidelines for the Automobile Sector on Regulation of Vertical Restraints* The automobile industry has been under the radar of China’s antitrust enforcement for a number of years. Since 2014, the agency had successively issued fines against many players in the (...)

The French Competition Authority publishes a paper on how merger control and anticompetitive practices concepts should be adapted to the digital sector
Vaillant Group (Paris)
22 contributions 3222 visits
As part of its discussions at international level on the reform of competition law, the French Competition Authority (“FCA”) recently published a paper providing food for thought on how merger control and anticompetitive practices concepts should be adapted to the digital sector. Regarding (...)

The EU Commission publishes a communication aiming to create a Europe fit for the digital age
Ashurst (London)
United Kingdom 34 contributions 16469 visits
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Ashurst (Frankfurt)
Germany 15 contributions 4101 visits
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Ashurst (Madrid)
Spain 13 contributions 2068 visits
On 19 February 2020, the European Commission ("Commission") published a Communication on shaping Europe’s digital future ("Digital Future Communication") together with a Communication on a European data strategy ("Data Strategy"), which contain a number of statements relating to EU competition (...)

The EU Commission publishes a package of initiatives on Europe’s digital future to create legislation on AI and big data
Norton Rose Fulbright (Brussels)
Belgium 31 contributions 13681 visits
The New EU AI and Data Strategy and what it Means for EU Antitrust Reform* On February 19, the European Commission (EC) published a package of initiatives (the AI and Data Package) on Europe’s “digital future,” delivering on the promise in President von der Leyen’s political guidelines to put (...)

The French Competition Authority issues its opinion on the tariffs for legal professions
French Competition Authority (Paris)
France 726 contributions 379133 visits
Regulated tariffs setting for legal professions: the Autorité publishes its opinion* The Autorité de la concurrence publishes online the opinion submitted to the French government following the publication in the Official Journal of the French Republic of a decree on the method for setting the (...)

The Italian and Brazilian Competition Authorities sign a memorandum of understanding aimed at strengthening cooperation between the authorities in competition law matters
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46060 visits
On 11 February 2020, the Italian and Brazilian competition authorities signed a bilateral Memorandum of Understanding (the “Memorandum”) aimed at strengthening cooperation between the two authorities and at increasing their capacity to deal with market failures, anticompetitive practices and (...)

The Italian Competition Authority publishes the final report of the big data joint fact-finding survey which was launched in collaboration with the Communications Regulatory Authority and the Data Protection Authority
Bird & Bird (Rome)
Italy 19 contributions 3925 visits
On 10 February 2020, the Italian Competition Authority (“ICA”) published the final report of the Big Data joint fact-finding survey, launched in collaboration with the Italian Communications Regulatory Authority ("AgCom") and the Data Protection Authority on 30 May 2017. As part of the (...)

The Italian Competition Authority and two other Regulatory Authorities publish a joint investigative report on big data
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46060 visits
On 10 February 2020, the Italian Competition Authority, the Authority for Communications Guarantees and the Authority for the Protection of Personal Data (together the “Authorities”) published a joint investigative report on big data (the “Report”). The Report is based on a one-year survey carried (...)

The Italian Competition Authority, the Communications Authority and the Data Protection Authority publish the findings of a joint sector inquiry into the field of big data
Portolano Cavallo (Milan)
Italy 60 contributions 8859 visits
On February 10, 2020 the Italian Authorities for Communications, Competition and Data Protection published the findings of a joint sector inquiry into the field of Big Data (“Investigation”), which lasted almost three years. It was launched on May 30, 2017 to study the functioning and impact of (...)

The South African Competition Authority publishes Draft Guidelines for the automotive aftermarket industry
Baker McKenzie (Johannesburg)
South Africa 2 contributions 127 visits
On 17 February 2020, the Competition Commission (Commission) released a media statement announcing that it has published Draft Guidelines for the Automotive Aftermarket Industry (Guidelines). The Automotive Aftermarket Industry is the market for motor vehicle spare parts, tools and components (...)

The EU Commission Vice-President is being intensely pressured from four large countries which wrote a joint letter to insist on a rapid competition law reform
Bird & Bird (Belgium)
Belgium 3 contributions 263 visits
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Allen & Overy (Brussels)
Belgium 28 contributions 3152 visits
President Ursula Von der Leyen’s pledge to preside over a "geo-political" Commission is being put to the test by intense pressure from four large countries which are insisting on rapid competition law reform. In a strongly worded letter sent to Executive Vice President Margrethe Vestager on 4 (...)

The Spanish Competition Authority launches a public consultation to develop a comprehensive guide on antitrust compliance programs
Bird & Bird (Madrid)
Spain 29 contributions 4410 visits
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Ecija & Asociados (Madrid)
Spain 20 contributions 2044 visits
On 3 February 2020, the Spanish Competition Authority (the "CNMC") launched a public consultation with the aim of developing a comprehensive guide on antitrust compliance programs. The consultation essentially focuses on what constitutes an effective compliance program. Regulators, companies, (...)

International

 Spain: The Audiencia Nacional annuls the fine imposed by the Spanish Competition Authority on the national refrigerated road transport association due to the lack of evidence of participation in the conduct after 2008 (ATFRIE)
Baker McKenzie (Madrid)
Spain 32 contributions 25000 visits
In 2015, the Spanish competition authority (CNMC) fined ATFRIE and 12 refrigerated transport companies for colluding to fix prices in the refrigerated road transport sector in Spain from April 1993 to December 2012 (Decision of the CNMC of 25 June 2015, case S/0454/12, Transporte frigorífico). (...)

Spain: The Audiencia Provincial of Barcelona partially upholds the appeal lodged by three envelopes manufacturers against eight first instance judgments which awarded damages in follow-on claims based on the envelope cartel decision of the Spanish Competition Authority (Planeta / Misiones Salesianas / Bankoa...)
Baker McKenzie (Madrid)
Spain 32 contributions 25000 visits
The Audiencia Provincial of Barcelona has partially overturned eight judgments of two sections of the Juzgado de lo Mercantil of Barcelona which had awarded damages to several claimants in follow-on actions based on the Spanish envelope cartel case. The Audiencia Provincial partially accepts (...)

Spain: The Audiencia Provincial of Madrid overturns the first instance judgments which granted damages quantified by the claimants and grants damages but based on the lower alternative quantification contained in a defendant’s expert report (Cámara de Comercio, Obras Misionales Pontificias)
Baker McKenzie (Madrid)
Spain 32 contributions 25000 visits
The Audiencia Provincial of Madrid has overturned two judgments of two different Commercial Courts of Madrid which had dismissed the follow-on claims brought by alleged victims of the envelope cartel. The first instance courts had found that the claimants and their expert reports did not (...)

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