January 2010

Anticompetitive practices

 The Spanish Competition Authority closes its case following commitments concerning anticompetitive agreements in the TV sector (Telefónica Cable / Sogecable)
European Commission
Belgium 714 contributions 215680 visits
Spain: The Comisión Nacional de la Competencia (CNC) closes Satellite Pay TV Case following Commitments* On 28 January 2010, the CNC Council resolved by means of a commitments decision the formal proceedings in case TRIO PLUS, opened against Telefónica Cable, S.A.U. and Sogecable, S.A. for (...)

The Lithuanian Competition Authority fines supplier and distributors of DVD movies for resale price maintenance (Bomba, Computer data international, Elektromarktas)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54707 visits
On 28 January 2010, the Competition Authority of Lithuania fined several undertakings active in the supply and distribution of DVD movies for engaging in resale price maintenance in breach of the provision of Lithuanian law equivalent to Article 101 TFEU between 2006 and 2009. The fines imposed (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on bidders for bid rigging in the field of trade of the power cables for specific use (EXSYM, J-Power Systems and VISCAS)
Japan Fair Trade Commission (Tokyo)
Japan 128 contributions 22469 visits
Cease and Desist Order and Surcharge Payment Order against Participants in Quotation Collection or Competitive Bidding for Power Cable ordered by Electric Power Companies* The Japan Fair Trade Commission(JFTC), under the provisions of the Antimonopoly Act(AMA), investigated participants in the (...)

The Croatian Administrative Court upholds the decision of the Competition Authority imposing interim measures following an assessment of the unilateral termination of the motor vehicle distribution agreement (Tomić)
University of Macau - Faculty of Law (Macau)
China 283 contributions 223398 visits
On 27 January 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) imposing interim measures in the case of unilateral termination of the agreement on selective distribution of BMW automobiles. The applicant, Tomić & Co. d.o.o. (Tomic) was (...)

The Paris Court of Appeal confirms the amount of fines imposed on temporary employment agencies for concerted practices under Art. 81 EC and its French equivalent and clarifies the procedural issue of access to confidential electronic documents (Manpower / Adecco / Adia / Randstad)
Juliette Goyer Avocat (Paris)
France 22 contributions 61886 visits
In a ruling dated 26 January 2010, the Paris Court of Appeal confirmed a decision by the French National Competition Authority (the “NCA”) sanctioning world-leading companies in the temporary employment sector for infringing Article 81 EC and its French equivalent. Background Following a (...)

The Spanish Competition Authority fines the five major producers of bath and shower gel for a price-fixing cartel in its first successful leniency case (Fabricantes de gel)
Hogan Lovells (Madrid)
Spain 47 contributions 91937 visits
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European Central Bank (Frankfurt)
Germany 2 contributions 2769 visits
On 21 January 2009, the Council of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia, hereinafter the “Council”) sanctioned the four largest Spanish manufacturers of bath and shower gel. i.e. Puig Beauty & Fashion Group, S.L. ("Puig"), Sara Lee Household and (...)

The Paris Court of Appeals decreases fines on cartel members in the steel industry generating the urgency for a greater convergence on the calculation of fines for antitrust infringements (AMD / Arcelor)
Jones Day (Paris)
France 28 contributions 24532 visits
Towards greater convergence on the calculation of fines* It is not uncommon for the law to progress as a consequence of significant discrepancies and disagreements arising between courts and enforcers. This is exactly what may currently be happening to the French rules governing the (...)

The Paris Court of Appeal reduces the highest fines ever imposed by the French Competition Authority by €500 million (Steel Cartel)
Hewlett Packard (Boulogne-Billancourt)
France 30 contributions 89809 visits
In a ruling dated 19 January 2010, the Paris Court of Appeal (the "Court") substantially reduced the highest fines ever imposed by the French Competition Authority (the "Authority") in the steel cartel case, from 575.4 million Euros to 74.1 million Euros. This judgement raises the question of (...)

The Spanish Competition Authority fines € 2 M hospital waste management companies for market-sharing arrangement (Consenur / Cespa / Interlun / Sistemas Integrales Sanitarios)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 89937 visits
On 20 January 2010, the Spanish Competition Authority fined four undertakings active in the management of hospital waste in Spain − Consenur, Cespa, Interlun and Sistemas Integrales Sanitarios − for having entered into certain market-sharing arrangements since 1997 in breach of the provision (...)

The Spanish Competition Authority fines four medical companies for market allocation in the sector of medical waste management services for public healthcare providers (Consenur / Cespa Gestion de Residuos / Interlun / Sistemas Integrales Sanitarios)
European Commission - DG COMP (Brussels)
Belgium 6 contributions 2901 visits
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Cuatrecasas (Madrid)
Spain 2 contributions 548 visits
On January 18, 2010, the Spanish Competition Commission (Comisión Nacional de la Competencia, the “CNC”) fined four medical waste management companies (Consenur, S.A [“Consenur”], Cespa Gestion de Residuos S.A. [“Cespa”], Interlun S.L. [“Interlun”], and Sistemas Integrales Sanitarios [“SIS”]) €7,045,000 (...)

The UK High Court sees a way through public policy objections to the recovery of cartel fines from company executives (Safeway Stores)
Sanoma (Helsinki)
Finland 6 contributions 26877 visits
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Clayton Utz (Sydney)
Australia 4 contributions 13966 visits
a. Background Since 2005, the UK’s Office of Fair Trading (“OFT”) has investigated an alleged cartel scheme arranged by certain supermarkets and dairy producers between 2002 and 2003. In 2007, Safeway (now owned by Wm Morrisons Supermarkets plc), one of the supermarket chains implicated in the (...)

The UK High Court opens the way for companies to pursue private damages actions against employees and directors who are involved in competition law infringements (Safeway Stores)
Shoosmiths (Reading)
United Kingdom 9 contributions 15988 visits
Background 1. Between 2002 and 2003, various employees and directors of the Safeway group ("Safeway"), a UK supermarket operator, were involved in the exchange of commercially sensitive retail pricing information with other UK supermarkets and dairy processors. As a consequence of this, (...)

The US Court of Appeals for the 2nd Circuit reverses a District Court decision and rules that the plaintiff satisfied the Twombly standard in a conspiracy case alleging parallel conduct (Starr / Sony BMG)
WilmerHale (Washington)
United States 1 contribution 633 visits
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WilmerHale
1 contribution 633 visits
In a notable recent decision, Starr v. Sony BMG Entertainment, 592 F.3d 314 (2d Cir. 2010), the United States Court of Appeals for the Second Circuit addressed the pleading standard a plaintiff must satisfy to survive a motion to dismiss an antitrust conspiracy claim under § 1 of the Sherman Act (...)

The EU Commission monitors whether patent settlements concluded between pharmaceutical companies infringe EU antitrust rules
Morgan Lewis (London)
United Kingdom 28 contributions 16019 visits
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Squire Patton Boggs (London)
United Kingdom 11 contributions 4897 visits
On 12 January 2010, the European Commission sent an information request to a number of pharmaceutical companies, seeking copies of their patent settlement agreements, to check their compliance with EU antitrust rules (Official Press Release IP/10/12), as a follow up to its pharmaceutical sector (...)

The German Federal Cartel Office imposes total fines of € 159.5 million on coffee roasters (Tchibo / Melitta Kaffee / Bremen / Dallmayr Kaffee)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 89937 visits
According to a press release of 12 January 2010, the German Federal Cartel Office (FCO) has fined three German coffee roasters, Tchibo GmbH, Melitta Kaffee GmbH, Bremen and Dallmayr Kaffee oHG, as well as six of their employees, a total of € 159.5 million for horizontal price fixing. The FCO’s (...)

The French Competition Authority accepts commitments from a technology company and a mobile telecommunications company to waive the distribution exclusivity of mobile phones (Orange / Apple)
Galderma (Paris)
France 6 contributions 14890 visits
On 11 January 2010, the French Competition Authority handed down its first decision of 2010, accepting the commitments undertaken by Apple and Orange to waive any distribution exclusivity on current and future iPhones models. Such Commitment Decision, taken pursuant to Article L. 464-2 I of (...)

The Italian Competition Authority accepts commitments submitted by an association of undertakings in order to end a possible violation of Art. 101 TFEU regarding professional fees (Council of psychologists)
Codacons (Rome)
Italy 12 contributions 16133 visits
The "Consiglio Nazionale dell’Ordiene degli Psicologi" ("CNOP") is the organ which represents the Council of psychologists at national level: it approves the professional ethics code, it manages the internal organization, compiles the balance sheets, and ensures the respect of the legislation, (...)

The EU Commission estimates costs for more effective Greek competition enforcement
University of East Anglia (Norwich)
United Kingdom 29 contributions 25378 visits
Article published on Centre for Competition Policy blog. Greece Needs to Tackle Cartels – But Can It?* An EU task force sent to Athens in January have suggested that removing obstacles to competition – estimated to cost Greece around 1% of GDP (€2.5bn a year) – would help to restore its (...)

The Czech Competition Authority fines a lignite mining company for implementing anticompetitive agreements containing lignite fuels export bans (SUPN)
European Commission
Belgium 714 contributions 215680 visits
Czech Republic: Export Bans of Lignite Fuels are anti-competitive The Office for the Protection of Competition (“the Czech NCA”) adopted on 8 January 2010 a decision finding that Sokolovská uhelná, právní nástupce, a.s. (hereinafter referred to as „SUPN“) had infringed the Czech Competition Act and (...)

The Lisbon Commerce Court confirms decision against bid-rigging cartel by pharmaceutical companies but substantially reduces fines (Abbott / Menarini / Johnson & Johnson)
DLA Piper (Lisbon)
Portugal 20 contributions 28371 visits
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Vieira de Almeida (Lisbon)
Portugal 12 contributions 15039 visits
On 7 January 2010 the Lisbon Commerce Court upheld a 2008 decision by the Portuguese Competition Authority (PCA) imposing a € 13.4 million fine on pharmaceutical companies Abbott, Menarini and Johnson & Johnson for participating in a bid-rigging cartel. Back in 2005 the PCA fined the (...)

The Lisbon Commercial Court holds pharmaceutical companies guilty of 63 breaches on Portuguese competition law (Abbott Laboratórios / Menarini Diagnóscitos / Johnson & Johnson)
Brazil 1 contribution 1663 visits
The Lisbon Commercial Court, confirming the decision of the Portuguese Competition Authority, held that the undertakings of Abbott Laboratórios Lda., Menarini Diagnóscitos Lda. and Johnson & Johnson Lda. were proven to be guilty of 63 breaches of the Portuguese competition law rules. (...)

The Lithuanian Competition Authority announces termination of investigation into motor vehicle manufacturers and distributors (Hyundai, Renault, Toyota, Honda and Saab)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54707 visits
Early in 2009, the Lithuanian Competition Council launched an investigation into certain companies active in the sale of new motor vehicles in Lithuania, examining claims that these companies had required customers to have their vehicles serviced only by an authorized dealer/repairer of the (...)

Unilateral Practices

 The German Competition Authority opens a ferry route to competition (Scandlines Deutschland)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64662 visits
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Practising Law Institute (New York)
United States 93 contributions 31038 visits
According to a press release of 28 January 2010, the German Federal Cartel Office (“FCO”) has required Scandlines Deutschland GmbH (“Scandlines”), the owner of the Puttgarden ferry port and sole provider of ferry services between Puttgarden in Germany and Rødby in Denmark, to provide other ferry (...)

The Spanish Supreme Court annuls a judgment from the Appellate Administrative Court and quashes a decision of the Competition Authority that imposed a substantial fine on powers generating companies for abusing their dominant position in the electricity market for technical restrictions (Unión Fenosa)
Airbus (Toulouse)
France 5 contributions 6201 visits
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Pernod Ricard (Paris)
France 2 contributions 3166 visits
In a judgment delivered on January 27, 2010, the Spanish Supreme Court annulled a judgment of the Appellate Administrative Court of May 23, 2007 and quashed a Decision of July 7, 2004 of the Spanish Competition Authority (“NCA”) imposing a substantial fine on several power generating companies (...)

The German Competition Authority requires a ferry operator to grant access to its ferry port (Scandlines)
European Commission
Belgium 714 contributions 215680 visits
Germany: Access to Essential Facilities granted on the Puttgarden-Rødby Ferry Route In a decision of 27 January 2010, the Bundeskartellamt has required Scandlines Deutschland GmbH to grant competitors access to Puttgarden ferry port. Based on its assessment that the port is an essential (...)

The EU Commission accepts commitments from a leading energy group (E.ON)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64662 visits
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Practising Law Institute (New York)
United States 93 contributions 31038 visits
On 22 January 2010, the Commission published in the Official Journal a series of commitments offered by E.ON to address concerns raised by the Commission with respect to the German gas markets. According to the Commission’s preliminary assessment, E.ON may have infringed Article 102 TFEU by (...)

The Lithuanian Competition Council issues fourth infringement decision against the State controlled airport for restricting access to the airport facilities (Vilnius Airport / RSS II)
Lithuanian Competition Authority (Vilnius)
Lithuania 28 contributions 102704 visits
The Lithuanian Competition Council started the year of 2010 by issuing, on 21 January 2010, yet another infringement decision - fourth in less than three years - against the Vilnius international airport operator, the State Enterprise Tarptautinis Vilniaus oro uostas (TVOU), for its refusal to (...)

The Croatian Administrative Court upholds the NCA’s decision finding no abuse of dominance on the bus transportation services market (Fanika Vesligaj & Branko Kuntek)
University of Macau - Faculty of Law (Macau)
China 283 contributions 223398 visits
On 21 January 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) finding no abuse of dominant position on the market for bus transportation services in the municipality of Krapina. The AZTN’s investigation was prompted by the complaint lodged (...)

The Mexican Competition Authority determines the telecommunications operator’s market power in the mobile telephony sector (Telcel)
Jones Day (Mexico)
Mexico 8 contributions 3541 visits
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Jones Day (Mexico)
Mexico 8 contributions 3541 visits
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Jones Day (Mexico)
Mexico 8 contributions 2969 visits
On January 21, 2010, the Federal Competition Commission of Mexico (Comisión Federal de Competencia, also known as “CFC” or “Cofeco”) issued a ruling confirming that Telcel has substantial power in the market for mobile telephony services in Mexico. Cofeco‘s decision was adopted by a majority of 3 to (...)

The Romanian Competition Authority rejects a complaint regarding the market entry of generics and price-fixing in the healthcare sector (Actavis / Novartis Pharma / Novartis)
Musat & Asociatii (Bucharest)
Romania 8 contributions 14600 visits
On January the 20th 2010 the Romanian Competition Council (the ‘Council’) issued the Decision 03/2010 rejecting a complaint filed by Actavis Group PTC (‘Actavis’) against two companies belonging to the Novartis Group - Novartis Pharma GmbH and Novartis AG (‘Novartis’) alleging a breach of the (...)

The Spanish Competition Authority publishes a report on intellectual property rights’ collective management
Hogan Lovells (Madrid)
Spain 47 contributions 91937 visits
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Allianz (Brussels)
Belgium 23 contributions 39561 visits
On 19 January 2010, the Spanish Competition Commission (hereinafter, the “NCC”) published a report on the collective management of intellectual property (IP) rights in Spain (the “Report”). The aim of the Report is to analyze the structure of the market of the management of IP rights , with a (...)

The Spanish Competition Authority issues a report on the management of IP rights by collecting societies and concludes that their monopolistic position facilitates the distortion of effective competition
Etex (Zaventem)
Belgium 8 contributions 15539 visits
On January 19, 2010, the Spanish Competition Commission published a report on collective societies’ management of Intellectual Property Rights (“IP rights”) in Spain and concluded that Spanish collecting societies enjoy a monopolistic position that reduces their incentives to operate efficiently, (...)

The Italian Competition Authority closes investigation into an online news aggregator service following commitments (Google)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64662 visits
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Practising Law Institute (New York)
United States 93 contributions 31038 visits
The Italian Competition Authority (“ICA”) has recently terminated an antitrust investigation into Google after accepting and making binding commitments offered by Google to resolve two concerns raised during the ICA’s investigation. The ICA’s investigation started in August 2009, when Google was (...)

The French Competition Authority dismisses allegation of abuse against a pharmaceutical company (Sanofi-Aventis)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64662 visits
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Practising Law Institute (New York)
United States 93 contributions 31038 visits
In a recently published decision of 14 January 2010, the French Competition Authority dismissed the allegation of the French Minister for the Economy against Sanofi-Aventis (“Sanofi”) concerning that firm’s pricing practices on the market for the supply of low-molecular-weight heparins (“LMWHs”) (...)

The Cypriot Competition Commission fines telecommunications incumbent for refusing access to the essential facility (Cyprus Telecommunications Authority)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64662 visits
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Practising Law Institute (New York)
United States 93 contributions 31038 visits
In a published decision of 12 January 2010, the Cypriot Commission for the Protection of Competition (“CPC”) concluded that the Cyprus Telecommunications Authority (“CYTA”) abused its dominant position in the premium SMS (short messaging services of added value) market in breach of the applicable (...)

The Serbian Competition Authority finds abuse of a dominant position in the market of fast money transfer services (Western Union)
University of Belgrade
Serbia 8 contributions 22764 visits
On January 12, 2010, the Serbian Competition Authority (Komisija za zastitu konkurencije) adopted a decision against companies EKI Transfers and Tenfore, both Western Union’s Serbian agents, for the abuse of a dominant position on the relevant market of fast money transfer services in Serbia. (...)

The US Court of Appeals for the Third Circuit provides important clarification on "Competing Purchasers" for the Robinson-Patman Act price discrimination claim (Sodexo, Feesers, Michael Foods )
United States 23 contributions 11191 visits
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Jones Day (Cleveland)
United States 9 contributions 2882 visits
On January 7, 2010, the U.S. Court of Appeals for the Third Circuit, in a 3-0 decision, reversed a district court’s judgment against Sodexo, Inc., and another defendant in a Robinson-Patman Act (RPA) bench trial and directed entry of judgment in favor of the defendants. (Feesers, Inc. v. Michael (...)

The US Court of Appeals for the 9th Circuit affirms judgment that incompatibility of products did not constitute monopolization on the market for pulse oximetry monitors (Tyco Health)
IPR University Center (Helsinki)
Finland 29 contributions 5318 visits
U.S. 9th Circuit affirms judgment that incompatibility of products did not constitute monopolization* On 6 January 2010 the U.S. Court of Appeals for the 9th Circuit affirmed a U.S. District Court (Central District of California) grant of summary judgment on a monopoly maintenance claim (...)

Mergers

 The French Competition Authority conditionally clears an acquisition of two digital TV channels (TF1 / NT1 / TMC)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70401 visits
The French Competition Authority recently conditionally cleared the acquisition by leading French broadcaster TF1 Group of sole control over NT1 and TMC, two digital terrestrial television channels. According to its press release, the Competition Authority found that the proposed transaction – (...)

The French Council of State confirms the clearance of a merger in the free TV sector (TF1 / NT1 / Monte-Carlo Participations)
Herbert Smith Freehills (Paris)
France 94 contributions 44322 visits
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French Competition Authority (Paris)
France 8 contributions 2332 visits
Background On 26 January 2010, the French Competition Authority (the “FCA”) authorized the acquisition by TF1 group (“TF1”), the parent company of leading free TV channel TF1, of sole control over NT1 and TMC, two free Digital Terrestrial Television channels ("DTT channels"). Prior to this (...)

The US FTC imposes remedies before clearing a merger affecting multiple markets for animal health and pharmaceutical products (Pfizer / Wyeth)
Akin Gump Strauss Hauer & Feld (Dallas)
United States 18 contributions 4976 visits
The FTC entered into a consent agreement with Pfizer Inc. and Wyeth, requiring divestiture of one entity’s U.S. operations in over 20 markets for various animal health and pharmaceutical products. The consent order, established on January 25, 2010, sets forth the divestiture of Wyeth’s U.S. (...)

The European Commission refers the examination of an acquisition in the wholesale and retail supermarket business to the Dutch Competition Authority (Schuitema/Super de Boer Assets)
JG Associates (Brussels)
193 contributions 62563 visites
"Merger: main developments between 1 January and 30 April 2010" On 25 January the Commission referred the acquisition by Schuitema of the Super de Boer assets (SBA) to the Ducth competition authority the Nederlandse Medingingsautoriteit (NMa). Schuitema is engaged in the procurement, (...)

The EU Commission opens formal investigation into a proposed iron ore joint venture (BHP Billiton / Rio Tinto)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 89937 visits
On 18 October 2010, BHP Billiton and Rio Tinto announced that they have abandoned their plans to enter into a proposed $120 billion joint venture combining their Western Australian iron ore production activities in light of strong resistance from the Commission and the German Federal Cartel (...)

The EU Commission clears in Phase II a merger in computer programming activities sector conducting the economic analysis based on a dynamic theory of harm (Oracle / Sun Microsystems)
RBB Economics (Brussels)
Belgium 5 contributions 5414 visits
A few thoughts on Oracle’s Sun takeover and Widenius appeal* On Friday 2nd July, Monty Widenius, founder of open source database company MySQL, owned by Sun, filed an appeal against the European Commission’s unconditional clearance of the merger between Oracle and Sun Microsystems. The main (...)

The US FTC announces the annual changes to the Hart-Scott-Rodino Act notification thresholds
3M (St. Paul)
United States 3 contributions 6090 visits
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White & Case (Washington)
United States 17 contributions 6368 visits
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Allen & Overy (Palo Alto)
United States 17 contributions 13069 visits
On Friday, 21 January 2010, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required to revise the jurisdictional thresholds annually, based on the change in gross national product. The thresholds will (...)

The EU Commission conditionally clears an acquisition in the design, development, manufacture and sale of bio-analytical measurement products (Agilent / Varian)
JG Associates (Brussels)
193 contributions 62563 visites
"Merger: main developments between 1 January and 30 April 2010" On 21 January the Commission cleared the proposed acquisition of Varian Inc by Agilent Technologies Inc, both of the US. The decision is conditional upon the divestment of Agilent‘s entire micro/portable gas chromatography (...)

The US DoJ settles Hart-Scott-Rodino gun jumping charges stemming from buyer’s pre-approval of target’s purchasing contracts (Smithfield Foods / Premium Farms)
Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 29 contributions 9242 visites
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Kirkland & Ellis (New York)
United States 9 contributions 2980 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 13 contributions 2637 visits
On January 21, 2010, after a three-year and four-month investigation, the Department of Justice (DOJ) announced a $900,000 settlement with meat processors Smithfield Foods Inc. and Premium Farms LLC to resolve DOJ allegations that Smithfield exercised operational control over Premium (...)

The English Court of Appeal confirms divestment remedies in a TV merger (BSkyB / ITV)
DLA Piper (London)
United Kingdom 25 contributions 18245 visits
On 21 January 2010, the Court of Appeal dismissed an application by British Sky Broadcasting Group plc (Sky) to set aside the decision requiring it to divest part of its shareholding in ITV plc (ITV). The Court of Appeal upheld the conclusion that Sky’s acquisition of a 17.9% shareholding in ITV (...)

The EU Commission approves the acquisition of US hardware and software vendor by a US software company (Oracle / Sun Microsystems)
JG Associates (Brussels)
193 contributions 62563 visites
"Merger: main developments between 1 January and 30 April 2010" The Commission approved, on 20 January, the proposed acquisition of US hardware and software vendor Sun Microsystems Inc. by Oracle Corporation, a US enterprise software company. After an in-depth examination the Commission (...)

The US DOJ imposes civil penalties for premerger "Gun Jumping" (Smithfield Foods / Premium Standard Farms)
Jones Day (Houston)
United States 33 contributions 15381 visits
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United States 23 contributions 11191 visits
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Jones Day (Washington)
United States 13 contributions 4762 visits
On January 21, 2010, the Department of Justice Antitrust Division (“DOJ”) announced a consent agreement with Smithfield Foods and Premium Standard Farms requiring the companies to pay $ 900,000 for violating Hart-Scott-Rodino (“HSR”) Act premerger waiting period requirements. The DOJ alleged that (...)

The EU Commission unconditionally clears a merger between two US software companies (Oracle / Sun Microsystems)
European Commission
Belgium 3 contributions 3456 visits
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European Commission - DG IT (Brussels)
Belgium 4 contributions 5182 visits
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European Commission - DG ENER (Brussels)
Belgium 4 contributions 2832 visits
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Oracle/Sun Microsystems: The challenge of reviewing a merger involving open source software* I. Introduction On 21 January 2010 the Commission unconditionally cleared the planned takeover of Sun Microsystems (‘Sun‘), a software and hardware vendor, by Oracle Corporation (‘Oracle‘), one of the (...)

The US FTC announces revised thresholds for HSR premerger notification filings
Jones Day (Washington)
United States 13 contributions 4762 visits
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Jones Day (Washington)
United States 7 contributions 2295 visits
On January 19, 2010 the Federal Trade Commission announced revised thresholds for Hart-Scott-Rodino ("HSR") Premerger Notification filings and for the jurisdictional thresholds that trigger the prohibition on interlocking directorates under Section 8 of the Clayton Act. These thresholds, which (...)

The US FTC announces a lower HSR filing thresholds
Covington & Burling (Washington)
États-Unis 14 contributions 10541 visites
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Rule Garza Howley (Washington)
United States 7 contributions 385 visits
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Covington & Burling (Washington)
United States 14 contributions 1245 visits
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The Federal Trade Commission (“FTC”) has announced new monetary thresholds for the Hart-Scott-Rodino (“HSR”) Act effective February 22, 2010. See 75 Fed. Reg. 3468 (Jan. 21, 2010). The new thresholds will be approximately 3% lower than those currently in effect. For example, the minimum (...)

The French Competition Authority conditionally clears an acquisition in the public transport sector (SNCF / Keolis / Effia)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70401 visits
According to a press release of 13 January 2010, the French Competition Authority has conditionally cleared the acquisition by SNCF of Keolis and Effia. SNCF is the incumbent rail transport operator in France, Keolis is a leading operator on the markets for urban and inter-urban passenger (...)

The French Competition Authority clears, subject to conditions, a merger in the sector of distribution of DIY, decoration and gardening items (Mr Bricolage / Passerelle)
French Competition Authority (Paris)
France 717 contributions 370180 visits
Subject to several conditions, the Autorité de la concurrence authorizes the acquisition of the Passerelle group by Mr Bricolage.* The Autorité de la concurrence has examined the acquisition of the Passerelle group by the Mr Bricolage group, both of which are active in the sector of the (...)

The EU Commission conditionally clears the acquisition of a worldwide producer and seller of chocolate and sugar confectionery products by a US food and beverage company (Kraft / Cadbury)
JG Associates (Brussels)
193 contributions 62563 visites
"Merger: main developments between 1 January and 30 April 2010" The European Commission cleared, on January, the proposed acquisition of Cadbury PLC of the UK by Kraft Foods Inc. of the US. The decision is conditional upon the divestment of Cadbury’s Polish and Romanian chocolate confectionary (...)

The Hungarian Competition Authority fines a energy company and a local authority for failure in a joint acquisition notification (ELMIB Energetikai Szolgáltató / Municipality of Tatabánya)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70401 visits
The Hungarian Competition Council recently imposed a fine of HUF 4,975,000 (approximately € 18,400) on energy company ELMIB Energetikai Szolgáltató Zrt. and the Municipality of Tatabánya, a city in North-West Hungary, for the failure to timely notify their joint acquisition of thermal power station (...)

State Aid

 The EU Commission refers Italy to the Court of Justice for failing to comply with a decision concerning the recovery of unlawful State aid for certain investment projects in the hotel industry (Hotel industry in Sardinia)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission has decided to refer Italy to the European Court of Justice for failing to comply with a Commission decision of July 2008. On 12 November 1998, the Commission approved an aid measure in favour of the hotel (...)

The EU Commission decides that a German manufacturer of solar panels is not entitled to receive public support in the form of a bonus for small and medium-sized enterprises (Sovello)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* On 27 January 2010, the Commission decided that Sovello AG (formerly EverQ GmbH), a German manufacturer of solar panels, was not entitled to receive public support in the form of a bonus for small and medium-sized enterprises (...)

The EU Commission approves €576 M for a Spanish film support scheme covering national film support measures, including film production and distribution
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission has approved €576 million for a Spanish film support scheme until 31 December 2015. The scheme covers Spain’s national film support measures, including film production and distribution. The scheme is in line with (...)

The EU Commission decides that the single charge agreement concerning airport services did not involve state aid (Bratislava Airport / Ryanair)
Maastricht University
Belgium 321 contributions 56462 visits
Article published on Lexxion State Aid Blog Airport Operators and Budget Airlines* During the past 18 months or so, the European Commission has launched more than 20 investigations in the funding of regional airports and the arrangements that these airports have concluded with budget (...)

The EU Commission holds that the existing State aid scheme in favor of French postal services incumbent is not compatible with State aid rules (Garantie d’Etat illimitée - La Poste)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* On 26 January 2010, the Commission completed its investigation into the unlimited state guarantee enjoyed by the French Post Office (‘La Poste‘) because of its special status as a public body, following the adoption by the (...)

The EU Commission clears the annual financing regime for the Dutch public service broadcasters (Yearly financing of Dutch public broadcasters)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* Since 2002 the Commission has received complaints from several commercial broadcasters and other media undertakings about various aspects of the financing regime applying to Dutch public service broadcasters. The complainants (...)

The EU Commission approves the measures taken by the UK Government for the liquidation of a UK specialist mortgages and savings products company (Bradford & Bingley)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* On 25 January 2010 the Commission approved the measures taken by the UK Government for the liquidation of Bradford & Bingley. Bradford and Bingley provided specialist mortgages and savings products. It operated 197 (...)

The EU Commission approves aid given by the UK authorities to facilitate restructuring of UK financial services company (Dunfermline Building Society)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* On 25 January 2010, the Commission approves aid given by the UK authorities to facilitate restructuring of the Dunfermline Building Society of the United Kingdom. The restructuring consisted of the immediate split-up of (...)

German State aid private enforcement: The problem of access to the Courts
German Ministry for Science, Economics, and Transport (Kiel)
Germany 1 contribution 1137 visits
1. General considerations State aid is prohibited - art. 87 EC, now art. 107 TFEU. This is a very apodictic statement. In real life, things are slightly more complicated. State aid, money or adequate advantages granted to private entities by public bodies, is common practice in many forms. (...)

The EU Commission approves a Hungarian measure aimed at providing liquidity to eligible financial institutions to support lending to the economy
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission has approved a Hungarian measure aimed at providing liquidity to eligible financial institutions in Hungary to support lending to the economy. In the period from late 2008 to early 2009, the Hungarian financial (...)

The EU Commission authorizes a measure adopted by Denmark providing a State guarantee on non-life insurance against damage arising from nuclear, biological, chemical or radioactive (NBCR) terrorist attacks exceeding a certain threshold (Danish Terror Insurance Scheme)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised a measure adopted by Denmark which provides a State guarantee on non-life insurance against damage arising from nuclear, biological, chemical or radioactive (NBCR) terrorist attacks that exceeds a (...)

Procedures

 The Danish Government proposes amendments to the Danish Competition Act
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45741 visits
On 27 January 2010, the Danish Minister for Economic and Business Affairs put a legislative package amending the existing Competition Act before the Danish Parliament. The aim of the proposed amendments is to bring the Danish Competition Act more in line with EU rules, especially with respect (...)

The Estonian Parliament introduces new leniency programme and harsher sanctions
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45741 visits
On 20 January 2010, the Estonian Parliament amended the Competition Act, the Penal Code and the Criminal Procedure Code, and introduced a new leniency programme. This new leniency programme is based on the European Competition Network’s Model Leniency Programme, which has been adapted in order (...)

The European Commission publishes study on quantifying antitrust damages
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45741 visits
On 19 January 2010, the Commission published an external study prepared by the economic consultancy Oxera and a multi-jurisdictional team of lawyers on quantifying antitrust damages. In its White Paper on damages actions for breach of antitrust rules, published in April 2008, the Commission had (...)

The UK High Court leaves a supermarket chain, found guilty of price fixing by the OFT, move one step closer to trial in its action against former employees and directors in order to obtain indemnity for the penalty incurred (Safeway - Dairy products)
University of Southampton
United Kingdom 1 contribution 807 visits
Background In January 2005 the Office of Fair Trading (OFT) launched an inquiry into the alleged collusion between supermarkets and dairy processors in relation to the price fixing of certain dairy products. Among the parties involved was the Safeway supermarket chain (now owned by Wm Morrison (...)

The European Regulators Group for Electricity and Gas and the Council of European Energy Regulators publish a report setting out their 2010 work programme and their assessment of the development of the EU energy markets during 2008
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45741 visits
On 14 January 2010, the European Regulators Group for Electricity and Gas (ERGEG) and the Council of European Energy Regulators (CEER) published a report setting out their 2010 work programme and their assessment of the development of the EU energy markets during 2008. The report highlights a (...)

The Hellenic Competition Commission releases guidelines stating the criteria for its enforcement priorities
Janus Henderson Investors (London)
United Kingdom 2 contributions 935 visits
On 12 January 2010, the HCC, the Independent Administrative Authority entrusted with the proper functioning of the market and the enforcement of the rules on competition, made use of its discretionary power to define its priority actions by issuing a Notice on Enforcement Priorities. The (...)

The European Parliament holds confirmation hearing for the Competition Commissioner-designate
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45741 visits
Between 11 and 19 January 2010, various committees of the European Parliament held confirmation hearings for the 26 candidate Commissioners nominated by Member State governments and Commission President José Manuel Barroso. After controversy arose concerning the candidacy of Bulgarian Rumiana (...)

The US Court of Appeals for the Third Circuit gives green light to antitrust action against giant cablem provider (Comcast)
BakerHostetler (Philadelphia)
United States 1 contribution 162 visits
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DLA Piper (Philadelphia)
United States 1 contribution 162 visits
Experts Can Turn Tide in Class Certification—Federal judge gives green light to antitrust action against Comcast* A federal judge recently dealt another substantial and costly blow to Comcast in Behrend v. Comcast Corp., an antitrust lawsuit against the giant Philadelphia-based cable provider. (...)

The EU Commission publishes documents on best practices in competition law enforcement and on the role of the hearing officers
European Commission
Belgium 714 contributions 215680 visits
European Commission: Best practices improve Transparency and Predictability of Proceedings In order to further enhance the transparency and the predictability of Commission antitrust proceedings, detailed explanations concerning how European Commission antitrust procedures work in practice (...)

The Swedish Competition Authority establishes a policy for the prioritisation of competition, procurement cases and a method for establishing fines in competition cases
White & Case (Brussels)
Belgium 3 contributions 2815 visits
In an announcement dated 4 January 2010, the Swedish Competition Authority declares its new policy for prioritization of competition and procurement cases. This announcement follows a November 2009 memorandum on methods for establishing fines in competition cases, showing that the agency has (...)

Regulatory

 The US FTC announces revised thresholds for the prohibition on interlocking directorates under Section 8 of the Clayton Act
Jones Day (Washington)
United States 13 contributions 4762 visits
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Jones Day (Washington)
United States 7 contributions 2295 visits
On January 19, 2010 the Federal Trade Commission announced revised thresholds for Hart-Scott-Rodino ("HSR") Premerger Notification filings and for the jurisdictional thresholds that trigger the prohibition on interlocking directorates under Section 8 of the Clayton Act. These thresholds, which (...)

The Danish Competition Authority publishes a report on competition culture in Denmark, Germany and the United Kingdom
European Commission
Belgium 714 contributions 215680 visits
Denmark: The Competition Authority publishes a Report on Competition Culture in Denmark, Germany and the United Kingdom On 6 January 2010, the Danish Competition Authority published a report on competition culture, which focuses on the competition cultures in Denmark, Germany and the United (...)

The French Competition Authority recommends the government to further lift restrictions on laboratory services
European Commission
Belgium 714 contributions 215680 visits
France: The Autorité de la concurrence recommends the Government to further lift Restrictions on Laboratory Services On 5 January 2010, the Autorité gave its opinion on a draft Government act (ordinance) on laboratory medicine services, which the French government was allowed by Parliament to (...)

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