January 2012

General antitrust

 The Latvian Competition Authority decision on heat suppy industry demonstrates that the Latvian Competition Authority is ready to occasionally take sides in civil law disputes and to issue a mere warning instead of finding an infringement (Hausmaster / Rigas siltums)
Cobalt Legal (Riga)
Lettonie 26 contributions 43866 visites
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Cobalt Legal (Riga)
Latvia 24 contributions 35649 visits
The Competition Council has adopted a decision which demonstrates that at least occasionally the authority is ready to take sides in civil law disputes, and to issue a mere warning instead of finding an infringement. Hausmaster SIA, a residential property manager, complained at the (...)

Anticompetitive practices

 The French Supreme Court confirms its interpretation of the effect on trade concept (France Telecom / Orange Caraïbes)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
France: The French Supreme Court confirms the Autorité’s Interpretation of the Effect on Trade Concept* On 9 December 2009, the Autorité de la concurrence (the Autorité) fined France Télécom and its local subsidiary, Orange Caraïbes, for a series of exclusionary practices in the overseas (...)

The US DoJ imposes a $548M fine on two Japanese suppliers of automotive electrical components for their involvement in price fixing and bid rigging conspiracies in the auto parts sales (Automotive component suppliers’ cartel)
Wolters Kluwer (Riverwoods)
United States 78 contributions 39293 visits
Fines Mounting in Department of Justice Auto Parts Cartel Investigation* The Department of Justice today announced a total of $548 million in fines resulting from a second round of charges in the government’s ongoing investigation into collusive activity in the auto parts industry. Two (...)

The Argentinian Ministry of Economic and Finances orders to five oil & gas corporations to stop charging discriminatory and excessive prices to public transportation companies (YPF / Shell / Esso / Petrobras / Oil)
Meta (Washington)
United States 11 contributions 5382 visits
On 26 January, 2012 upon recommendation of Argentina’s National Competition Commission (ANCC), the Ministry of Economics & Finance ordered the 5 major oil & gas corporations -namely YPF (participated by Repsol YPF), Shell, Esso (Exxon Mobile), Petrobras and Oil- active in the Argentine (...)

The Serbian Competition Authority confirms fines against 12 pharmaceutical companies for entering into a restrictive agreement (Hemofarm)
Fresenius Medical Care
Serbia 8 contributions 2071 visits
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Karanovic & Partners (Belgrade)
Serbia 5 contributions 1441 visits
On 26 January 2012 the Commision for the Protection of Competition of the Republic of Serbia (the "Competition Authority") issued a decision setting the amount of fines for 12 pharmaceutical companies (Hemofarm a.d., Galenika a.d., Zdravlje Leskovac a.d., Jugoremedija a.d., Slaviamed d.o.o., (...)

The French Competition Authority fines several civil engineering companies for having distorted competition in the civil engineering sector in Saint-Pierre-et-Miquelon (GIE Exploitation des carrières)
Autorité de la concurrence (Paris)
France 748 contributions 411154 visites
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines several companies in the sector for having distorted competition in the civil engineering sector on the archipelago*. After starting ex officio proceedings, further to (...)

The Paris Court of Appeals addresses the issue of the notion of generalized and continuous infringement in competition law (Luxury Perfumes case)
Vogel & Vogel (Paris)
France 94 contributions 119601 visits
On 21 October 1998, the French Competition Council had initiated ex officio an investigation into the luxury perfumes sector. By the end of the investigation, the Council estimated that, between 1997 and 2000, a general and continuous vertical agreement between several well-known brands and (...)

The Danish Competition Authority settles a case in which a trade association and the six largest cooperative chains of independent estate agents have been involved in anticompetitive boycott agreements against one particular property search portal (Boliga.dk)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36478 visits
Anti-Competitive Boycott Agreements in The Real Estate Business* On January 25, 2012, the Danish Competition Council settled a case, in which more than 65 per cent of the Danish real estate business, including the trade association and the six largest cooperative chains of independent estate (...)

The South Korean FTC offers funding private antitrust class action against two electronics companies fines for price-fixing (Samsung / LG)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60725 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 11 contributions 3763 visits
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Skadden, Arps, Slate, Meagher & Flom
1 contribution 303 visits
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This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Competition authorities around the globe are taking an increasingly active part in the pursuit of civil claims for damages for antitrust infringements. The (...)

The Spanish Competition Authority fines two car manufacturers for exchanging sensitive commercial information (Honda, Suzuki motors)
IE Law School
Spain 12 contributions 3231 visits
This administrative authority (CNC) has issued a resolution on January 20, 2012, in which it has found that during January 2009 the competitors Montesa Honda, S.A. and Suzuki Motor S.A. engaged in a concerted practice, which consists of the bilateral exchange of sensitive commercial (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on participants in bidding for automotive wire harness and related products (Automotive component suppliers’ cartel)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 25043 visits
The JFTC Issued the Cease and Desist Orders and Surcharge Payment Orders to participants in bid-rigging conspiracies for automotive wire harness and related products* The Japan Fair Trade Commission (JFTC) today issued cease and desist orders, and surcharge payment orders against 3 (...)

The Local Court of Bonn strengthens the leniency programme by a decision regarding access to file (Pfleiderer)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
Germany: Leniency Programme strengthened by Final Decision regarding Access to File* On 30 January 2012, the Local Court of Bonn decided in the “Pfleiderer Case” dealing with access to file for damages claimants and in particular access to leniency applications of cartel participants. The (...)

The Danish High Court reduces fines imposed on design furniture manufacturer for maintaining resale prices (Erik Jørgensen Møbelfabrik)
Van Bael & Bellis (Brussels)
Belgique 175 contributions 58679 visites
On 17 January 2012, the Danish High Court ruled on appeals brought against a judgment of the Danish District Court of Svendborg of May 2011 imposing a fine of DKK 500,000 (around € 67,000) on the Danish design furniture manufacturer Erik Jørgensen Møbelfabrik A/S (“EJM”), as well as (...)

The Spanish Competition Commission imposes fines totalling € 11 M on concrete and mortar cartel (CPV / CETYA / BERIAIN / CEMEX / VRESA)
Van Bael & Bellis (Brussels)
Belgique 391 contributions 95449 visites
The Spanish National Competition Commission (“CNC”) has recently adopted a decision imposing fines in relation to a price-fixing cartel established by Cementos Portland Valderribas S.A. (“CPV”), Canteras de Echauri y Tiebas S.A. (“CETYA”), Hormigones Beriain S.A. (“BERIAIN”), Cemex (...)

The Latvian Competition Authority explains under which circumstances an association of undertakings or its members must be fined within the scope of a case concerning locksmith brotherhood in Latvia (Latvijas Atslegmeistaru)
Cobalt Legal (Riga)
Lettonie 26 contributions 43866 visites
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Cobalt Legal (Riga)
Latvia 24 contributions 35649 visits
The Competition Council has briefly explained in what circumstances an association of undertakings must be fined, rather than the undertakings themselves. During an inquiry into the market of locksmiths’ services, the Competition Council discovered that Latvijas Atslegmeistaru braliba (...)

The French Competition Authority fines several undertakings active on the leisure, culture and tourism engineering sector for an anticompetitive agreement on prices (Géfil, Deloitte)
Autorité de la concurrence (Paris)
France 748 contributions 411154 visites
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines several consulting firms and the sector’s trade association for an anticompetitive agreement on prices*. The Autorité de la concurrence has just issued a decision (...)

The German Competition Authority accepts commitments offered by two sports leagues concerning the joint award of media rights (DFL - German Football League / Association of Leagues)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
Germany: Green Light for current Marketing Model of Football League Media Rights * On 17 April 2012, the award procedure for the media rights of the 1st and 2nd German football leagues has been concluded. On 12 January 2012, the Bundeskartellamt (BKartA) accepted the commitments offered by (...)

The Spanish Competition Commission fines a manufacturer and several car dealers over price-fixing arrangements (Honda)
Van Bael & Bellis (Brussels)
Belgique 391 contributions 95449 visites
On 11 January 2012, the Spanish National Competition Commission (“CNC”) announced that it had fined Montesa Honda, S.A. (Honda) and several of its dealers for engaging in illegal price-fixing practices on the motorcycle resale market. Formal proceedings began in April 2010 after (...)

The Italian Antitrust Authority concludes an investigation triggered by a leniency application concerning a cartel of shipping agents in the port of Genoa
Italian Competition Authority (Rome)
Italy 1 contribution 314 visits
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Luiss Guido Carli University (Rome)
Italy 1 contribution 314 visits
A) The decision The Italian Competition Authority, “ICA”, has imposed fines for about 4 million Euros on sixteen shipping agents and two trade associations (Assoagenti, the main trade association for shipping agencies and Spediporto, a representative trade association for the forwarding (...)

The Italian Competition Authority fines a pharmaceutical undertaking for abusing its dominant position in the market for the treatment of visual glaucoma products (Pfizer)
Ashurst (Milan)
Italy 103 contributions 30343 visits
Italian Competition Authority fines Pfizer for abuse of dominance relating to visual glaucoma drugs* On 11 January 2012 the Italian Competition Authority (“ICA”) issued a decision fining Pfizer Euro 10.6 million for abusing its dominant position in the market for products for that treat (...)

The Romanian Competition Authority fines oil companies for having reached an agreement to withdraw a certain type of fuel from the market (OMV Petrom)
Van Bael & Bellis (Brussels)
Belgique 391 contributions 95449 visites
On 10 January 2012, Romania’s Competition Council levied fines totalling RON 880 million (around € 200 million) on six oil companies for having reached an understanding to withdraw a certain type of fuel - Eco Premium (an unleaded gasoline pre-mixed with lead substitute) - from the (...)

The Danish Maritime and Commercial Court delivers a judgment on restrictive conditions imposed by a TV provider to its distributors (Viasat)
Kromann Reumert (Copenhagen)
Denmark 65 contributions 19590 visits
On 6 January 2012, The Danish Maritime and Commercial Court delivered its judgment in the long running Viasat case. This note gives a brief overview of the process and facts of the case, and then comments on the perspectives on the case. Background The case concerns Viasat Broadcasting UK (...)

The U.S. District Court for the Eastern District of Pennsylvania dismisses claims of anti-competitive exclusion of positioning technology from standards (Trueposition / Ericsson)
IPR University Center (Helsinki)
Finland 29 contributions 5565 visits
U.S. District Court dismisses claims of anti-competitive exclusion of positioning technology from standards* On 6 January 2012 the U.S. District Court for the Eastern District of Pennsylvania granted motions to dismiss claims that manufacturers of mobile telecommunications products conspired (...)

The Spanish Central Administrative Tribunal of Contractual Appeals determines that breach of labour law collective agreements does not prevent the award of public contracts (Monfragüe Archivo Logístico, Transporte y Servicios SLU c. Dirección Provincial de Madrid del Servicio Público de Empleo Estatal y Centro de Negocios OCÓN)
University of Bristol - Law School
United Kingdom 92 contributions 25757 visits
On 5 January 2012, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales) issued its Decision 08/2012 regarding the award of a services contract to a tenderer that had submitted an apparently anormally low tender. The (...)

The Slovak Competition Authority fines a washing detergents producer for its participation in a cartel (Henkel, Procter & Gamble)
Van Bael & Bellis (Brussels)
Belgique 391 contributions 95449 visites
On 4 January 2012, the Slovak Antimonopoly Office imposed a total fine of € 485,000 on Henkel for its participation in a cartel in the washing detergents sector in Slovakia. Procter & Gamble, which blew the whistle on the illegal conduct, benefited from immunity from fines. The (...)

The US FTC finds price collusion in the DIPF industry and further accuses the companies involved of having conspired to monopolize this industry (McWane, Star Pipe Products and Sigma)
Amarla Retail (Athens)
Greece 4 contributions 1002 visits
The Facts The DIPF market is the market of ductile iron pipe fittings, which are the compartments used as joints for the water transport pressurized system in the United States. This system is used to transport drinking and waste water to municipalities and treatment plants; so, local (...)

A Portuguese Court refers liberal professional association case to ECJ for preliminary ruling (OTOC)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
Portugal: The Lisbon Court of Appeal makes Reference for Preliminary Ruling to ECJ in Liberal Professions Case (case C-1/12)* A preliminary ruling is pending following a reference made by the Lisbon Court of Appeal (the Court) to the Court of Justice of the European Union (ECJ) in the (...)

The Norwegian Ministry of Government Administration, Reform and Church affairs amends the regulation on the calculation of fines for breaches of the anti-trust provisions of the Competition Act (Regulations for antitrust infringements)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
Norway: New Fining Regulations for Antitrust Infringements* The Norwegian Ministry of Government Administration, Reform and Church Affairs amended in December 2011 the Regulation on the calculation of fines for breaches of the anti-trust provisions of the Competition Act (the Regulation). It (...)

Unilateral Practices

 The Paris Commercial Court finds that leading internet search company abused its dominant position on the maps market (Bottin Cartographes / Google)
Google (Paris)
France 12 contributions 38951 visits
Facts Is free an anticompetitive behavior? Bottin Cartographes, a French company which offers solutions to firms which want to integrate maps in their websites, realized that it was losing clients to Google. Its clients, which used to pay for the display on their pages of their location and (...)

The Slovak Supreme Court reverses the judgment of the Regional Court in Bratislava that amended the fine imposed by the Competition Authority in an abuse of dominance case (Cargo Slovakia)
Wolf Theiss (Bratislava)
Slovakia 8 contributions 4811 visits
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Kinstellar (Bratislava)
Slovakia 3 contributions 760 visits
Factual background On 31 January 2012, the Supreme Court of the Slovak Republic (the “Supreme Court“) ruled in favour of the applicant, i.e. the Slovak Antimonopoly Office (“SVK AMO“), in its appeal against decision No. 1 S 27/2007-227 of the Regional Court in Bratislava amending decision (...)

The EU Commission opens an investigation against a South Korean producer of smartphones and tablet computers for abusive use of its essential patents for 3G mobile and wireless telecommunications system standard (Samsung)
Qualcomm (Washington)
United States 6 contributions 1859 visits
The European Commission opens an antitrust investigation against Samsung Electronic* On January 31, the European Commission announced the opening of a formal antitrust investigation against Samsung Electronic, the South Korean producer of smartphones and tablet computers. The case concerns (...)

The French Civil Supreme Court rejects the argument that the absence of other EU telecom operators in the overseas territories may imply no effect on the interstate trade, thus confirming the applicability of Article 102 TFEU (France Télécom / Orange Caraïbe)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 4 contributions 1483 visits
EU-Competition Law in the Overseas: some recent French precedents* Parts of the territory of some EU-Member States are situated overseas. Does EU-Competition law apply there? Some recent French precedents answer this question. According to Art. 52 TEU the EU-treaties apply to the 27 Member (...)

The Slovakian Supreme Court upholds the Competition Authority’s decision in a railway cargo case (ZS Cargo)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
Slovakia: The Supreme Court upholds Decision of the Antimonopoly Office imposing Fine in Railway Cargo Case* In January 2012, the Supreme Court of the Slovak Republic (Supreme Court) confirmed the decision of the Antimonopoly Office of the Slovak Republic (the AMO) imposing a fine on ZS (...)

The French Civil Supreme Court invalidates the restrictive interpretation of the concept of the effect on trade between Member States (Orange Caraïbe)
Vogel & Vogel (Paris)
France 94 contributions 119601 visits
In 2004, Orange Caraïbe was subject to protective measures in order to put an end to anticompetitive practices on the mobile phone market in the French Caribbean. Five years later, the Competition Authority (AdlC) handed down a 63 million euro fine to Groupe France Telecom. On 23 September (...)

The Spanish Supreme Court rules that isolated conduct in the daily energy market constitutes a continuous abuse of dominance (Iberdola Generación)
European Commission - DG COMP (Brussels)
Belgium 5 contributions 2341 visits
I. The Spanish generation market As has been described in previous bulletin articles the Spanish generation market is extremely complex and heavily intervened by burdensome regulation. In a nutshell, tenders (pools) are organised every hour of the day by a public entity in order to fulfil (...)

The Danish Competition Authority cannot intervene against refusal to grant access to Copenhagen airport, because the Danish Traffic Authority has determined that aviation legislation does not allow the establishment of a passenger terminal owned by a third party
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36478 visits
Aviation legislation prevents competition in Copenhagen Airport* Københavns Lufthavne A/S (CPH) limits competition when it refuses a new, competing terminal operator – Airport Terminal A ApS (TA) - access to Copenhagen airport. The Danish Competition Council can not intervene because the (...)

The Danish Competition Authority decides not to adopt a formal decision in a case concerning a refusal to supply by the Copenhagen airport (Kobenhavns Lufthavne)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
Denmark: Aviation Legislation prevents Competition in Copenhagen Airport* The Danish Competition and Consumer Authority (DCCA) considers that Copenhagen Airport (CPH) limits competition when it refuses to give a new, competing terminal operator access to the airport. However the Danish (...)

The Danish Competition Authority requests that the Minister for Transport changes aviation legislation which prevents competition in the Copenhagen airport sector (Københavns Lufthavne)
Plesner (Copenhagen)
Denmark 41 contributions 74432 visits
On 25 January 2012, the Danish Competition Council sent a letter to the Minister for Transport and the Minister for Business and Growth requesting that the aviation legislation be amended to allow the construction of a new competing terminal in Copenhagen airport next to the existing terminals (...)

The French Competition Authority fines an overseas mobile phone operator for breach of interim measures (SRR)
Autorité de la concurrence (Paris)
France 748 contributions 411154 visites
The Autorité de la concurrence fines SRR (a subsidiary of SFR) for not having fully complied with the Autorité’s decision enjoining it to put an end to the excessive differences in prices it charged depending on the network called by its customers* The Autorité de la concurrence fines SRR (...)

The French Competition Authority fines overseas mobile phone operator for non-compliance with interim measures (SRR)
Autorité de la concurrence (Paris)
France 748 contributions 411154 visites
France: The Autorité de la concurrence fines Overseas Mobile Phone Operator for non- compliance with Interim Measures* On 24 January 2012, the Autorité de la concurrence (the Autorité) issued a decision fining SRR, a subsidiary of the mainland mobile phone operator SFR, for not complying (...)

The French Competition Authority accepts and renders mandatory the commitments proposed to solve competition concerns on the meteorological services for business sector (Météo France)
Autorité de la concurrence (Paris)
France 748 contributions 411154 visites
The Autorité de la concurrence makes commitments by Météo-France regarding a clear separation between its business activities and its public service remit binding. Météo-France commits in particular to upgrade and audit its cost accounting*. Following a complaint by Météo Consult in respect (...)

The Irish Competition Authority accepts commitments from main television and radio broadcaster regarding discounts to advertisers (RTE)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 67207 visites
On 17 January 2012, the Competition Authority of Ireland (“ICA”) announced that it had successfully resolved an investigation against RTE, Ireland’s main television and radio broadcaster, in relation to allegedly anti- competitive discounts that were offered to advertisers. RTE has (...)

The Irish Competition Authority closes its investigations with binding commitments undertaken by the TV broadcasting company concerning advertising airtime deals (RTE)
Irish Competition Authority (Dublin)
Ireland 104 contributions 16756 visits
Successful resolution to complaint against RTÉ* The Competition Authority has published details of the successful outcome of an investigation involving RTÉ, following a complaint made by TV3. TV3 had complained that RTÉ’s “share deal” was anti-competitive. The share deal is a scheme (...)

The Italian Competition Authority fines company for abuse of dominance relating to visual glaucoma drugs challenging divisional patent filings (Pfizer)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 20 contributions 21023 visits
Italian Competition Authority Challenges Patent Measures* The Italian Competition Authority started the New Year with a bang by imposing a fine of more than EUR 10 million on Pfizer for alleged abuses of the patent system in violation of Article 102 TFEU. The decision is available here. (...)

The Italian Competition Authority sanctions company for abuse of dominance challenging divisional patent filing in the visual glaucoma drugs industry resting on effects-based approach (Pfizer)
Gatti Pavesi Bianchi Ludovici (Milan)
Italy 10 contributions 3108 visits
Evolution or Revolution? The Italian Competition Authority and the Pfizer Decision: A Reply to Thomas Graf* In his last post, Thomas Graf pointed out, as brilliantly and persuasively as he customarily does, the key features and implications of the Jan. 11, 2012 decision of the Italian (...)

The Italian Competition Authority fines a leading pharmaceutical company for an infringement of Art. 102 TFEU by a misusing patent (Pfizer)
Luiss Guido Carli University (Rome)
Italy 4 contributions 3377 visits
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Luiss Guido Carli University (Rome)
Italy 2 contributions 1369 visits
Introduction On the 11th of January 2012 the Italian Competition Authority (ICA), with decision no. 23194, closed its investigation against Pfizer, initiated in October 2010 following a complaint by Ratiopharm Italia, a generic drug producer. Pfizer had been accused of putting in place a (...)

The Italian Competition Authority fines a leading pharmaceutical company €10.6 million for abusing its dominant position (Pfizer)
European Commission - DG COMP (Brussels)
Belgium 11 contributions 6644 visits
The Italian Competition Authority (AGCM) has fined the Pfizer group, a multinational company in the pharmaceutical sector, a total of 10.6 million euro for abusing its dominant position in the market for commercializing glaucoma medicines based on the active ingredient latanoprost. The Pfizer (...)

The Italian Competition Authority fines anti-competitive practices aimed at delaying market entry for generic medicines (Pfizer)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
Italy: The Competition Authority fines anti-competitive Practices aimed at delaying Market Entry for generic Medicines* On 11 January 2012, the Italian Competition Authority (ICA) sanctioned the multinational pharmaceutical group Pfizer (Pfizer) for a violation of Article 102 TFEU and (...)

The French Competition Authority declines to impose emergency measures but will continue to investigate alleged practices in the markets for corporate servers and relational database management systems (RDBMS) (Hewlett-Packard / Oracle)
Autorité de la concurrence (Paris)
France 748 contributions 411154 visites
The Autorité de la concurrence declines to impose emergency measures against Oracle, but will continue to investigate the merits of Hewlett-Packard’s complaint*. Hewlett-Packard Company and Hewlett-Packard France filed a complaint with the Autorité de la concurrence concerning practices of (...)

The French Competition Authority rejects the hardware supplier’s request for interim measures (Hewlett-Packard / Oracle)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 67207 visites
In a decision of 10 January 2012, the French Competition Authority rejected Hewlett-Packard’s request for interim measures against Oracle. This decision follows a complaint lodged by the Hewlett-Packard Company and Hewlett-Packard France (“HP”) alleging that the Oracle Corporation and (...)

The Finnish Competition and Consumer Authority concludes that contract practices and regulation put at disadvantage primary producers within the food supply chain
Finnish Competition and Consumer Authority (Helsinki)
Finlande 75 contributions 12657 visites
Finnish Competition and Consumer Authority study: contract practices and regulation put primary producers in a difficult position in the food supply chain The position of primary producers in the food supply chain is made more difficult both by tight regulation and groceries trade and food (...)

An Italian Civil Court rejects to dispose of the delay of a new product launch for patent infringement claim and assumes a leading competitor’s abuse of dominant position as the refusal to license (Samsung Italy / Apple Italy)
Luiss Guido Carli University (Rome)
Italy 2 contributions 932 visits
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European Central Bank (Frankfurt)
Germany 2 contributions 932 visits
The facts The rivalry between Samsung and Apple gave birth to a terrific number of disputes around the globe. One of the last chapters of this never ending saga took place in Milan when Samsung asked to the court a precautionary measure to stop the sale of the Apple smart-phone that (...)

Mergers

 The Federal Cartel Office considers the acquisition of 1.88% of the shares in a competitor resulting in a total shareholding of 10.52% as a notifiable concentration under German law as it enabled to exercise competitively significant influence jointly with a third party (Gazprom / VNG)
Gleiss Lutz (Frankfurt)
United States 8 contributions 1621 visits
By decision of 31 January 2012, the Federal Cartel Office (FCO) cleared the increase of voting rights of Gazprom Germania GmbH (GPG) in VNG Verbundnetz Gas AG (VNG) to 10.52%. The increase by 1.88% of the voting rights was considered to enable GPG to exercise a competitively significant (...)

The Polish Competition Authority fines a cable TV operator for providing incorrect information in a merger control proceedings (UPC Polska / Aster)
Dentons (Warsaw)
Poland 5 contributions 5699 visits
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Dentons (Warsaw)
Poland 3 contributions 753 visits
On January 30, 2012, the Chairperson of the Polish Office for Competition and Consumer Protection (the UOKiK) issued a decision in a case relating to the provision of incorrect information by UPC Polska sp. z o.o. (UPC) in merger control proceedings concerning the acquisition of Aster sp. z (...)

The Spanish Competition Authority fines companies for gun-jumping based on an unprecedentedly broad concept of control (Gestamp / Essa Bonmor)
Gómez-Acebo & Pombo (Madrid)
United Kingdom 2 contributions 1042 visits
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Telefonica (Madrid)
Spain 3 contributions 1402 visits
On January 30, 2012, the Spanish Competition Commission (Comisión Nacional de la Competencia, “CNC”) imposed fines of €124.400 on two groups in the automotive components sector, Gestamp and Estampaciones Sabadell, for allegedly executing a notifiable concentration without authorization. The (...)

The U.S. FTC announces final rules and revised HSR premerger form
Sheppard Mullin (Washington)
United States 14 contributions 5144 visits
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Jones Day (Washington)
United States 7 contributions 2360 visits
On January 24, 2012, 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 are (...)

The French Competition Authority clears a merger in the sugar production sector (Cristal Union / Vermandoise)
Autorité de la concurrence (Paris)
France 748 contributions 411154 visites
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of Vermandoise by Cristal Union*. The Autorité de la concurrence has just cleared the acquisition of sole control of the Vermandoise group by Cristal (...)

The Serbian Competition Authority prohibits a merger between two of the largest national sugar producers (Hellenic Sugar Industry / Sunoko)
Fresenius Medical Care
Serbia 8 contributions 2071 visits
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Karanovic & Partners (Belgrade)
Serbia 5 contributions 1441 visits
On 19 January 2012, the Commission for the Protection of Competition of the Republic of Serbia (the “Competition Authority”) prohibited a merger between Sunoko d.o.o. Novi Sad, a company with its registered seat at Novi Sad, Republic of Serbia (“Sunoko”) and Hellenic Sugar Industry SA, a (...)

The Serbian Competition Authority prohibits a three-to-two merger in the sugar market (Hellenic Sugar Industry / Sunoko)
University of Macau - Faculty of Law
Chine 284 contributions 226356 visites
On 19 January 2012 the Serbian Competition Authority (KZK) prohibited the envisaged concentration on the sugar producing industry, which could lead to the creation of a duopoly (three-to-two) on the relevant market. On 9 August 2011 the KZK received a notification by the Serbian sugar (...)

The Chinese MOFCOM issues new measures on investigating failures to notify concentrations
Linklaters (Beijing)
China 17 contributions 8261 visits
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Linklaters (Shanghai)
China 8 contributions 2349 visits
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Euclid Law (London)
United Kingdom 16 contributions 5248 visits
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On 5 January 2012, the PRC Ministry of Commerce (“MOFCOM”) published on its website the long-awaited Interim Measures on Investigation into and Handling of Concentrations of Business Operators that have not been Notified in Accordance with Laws (the “Measures”). The Measures set out details of (...)

The Slovak Parliament adopts an amendment to the Act on protection of competition relating to merger control
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
Slovakia: Amendment to Act on Protection of Competition relating to Merger Control* On 1 January 2012, an amended Act on the Protection of Competition (the Act) will enter into force: The main changes concern merger control. After ratification of the draft amendment by the Slovak Parliament, (...)

State Aid

 The Spanish High Court of Justice for the Basque Country upholds the decision by local authority to try to recoup illegal State aid from a recycling centre (Beotibar Recycling / Diputación Foral de Vizcaya)
Judicial Ethics Commission (Madrid)
Spain 39 contributions 2227 visits
The Basque High Court confirms the legality of the decision to recover unlawful aid granted by the Provincial Authority of Biscay. Background & facts of the case The acts of recovery of aid at issue in the context of the implementation of an enforceable and final Community decision (...)

The Portuguese Supreme Administrative Court draws to a close the long-running private dispute over State aid in the public transport sector, declaring that the complainants have locus standi and that the aid contravened EU rules (Carris)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 19 contributions 2570 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 24 contributions 2776 visits
Background & facts of the case This was a legal action brought before the Supreme Administrative Court (“SAC”) by several entities – among them ANTROP, an association of urban passenger transport service providers – against a Resolution of the Council of Ministers that, in 2003, imposed (...)

The EU Commission adopts a communication on the application of the State aid rules to compensation granted for the provision of services of general economic interest
European Commission - DG COMP (Brussels)
Belgium 13 contributions 27224 visits
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European Commission - DG COMP (Brussels)
Belgium 6 contributions 1557 visits
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European Commission - DG COMP (Brussels)
Belgium 4 contributions 2955 visits
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"The SGEI Communication"* 1. Introduction: The Communication and its role in the new SGEI package This article is the second in a series explaining the rationale behind the new SGEI package, highlighting the most important features and novelties and introducing the new texts. The (...)

The EU Commission adopts a new package to assess the public compensation granted to services of general economic interest
Van Bael & Bellis (Brussels)
Belgium 155 contributions 35137 visits
The European Commission has adopted a revised package to assess the public compensation granted to services of general economic interest (“SGEI”) under the EU state aid rules: a new Communication clarifies key concepts underlying the application of the State aid rules to public (...)

Procedures

 A U.S. Administrative Law Judge of International Trade Commission rejects the patent misuse defense as a matter of law (Barnes & Noble)
IPR University Center (Helsinki)
Finland 29 contributions 5565 visits
U.S. ITC ALJ rejects Barnes & Noble allegations of patent misuse as a matter of law* On 31 January 2012 an administrative law judge of the U.S. International Trade Commission (“U.S. ITC”) found that Microsoft’s conduct did not amount to patent misuse as a matter of law (In the Matter of (...)

A Slovak court imposes liability on successor despite lack of such rule being specifically provided by statute (Cargo Slovakia)
Diwok Hermann Petsche (Baker McKenzie Vienna)
Austria 7 contributions 2352 visits
Introduction In January 2012 the Supreme Court of the Slovak Republic annulled the decision of the Regional Court in Bratislava allowing the appeal of Zeleznicna spolocnost Cargo Slovakia, a.s. (“Slovak Cargo”). Slovak Cargo was fined by the Antimonopoly Office of the Slovak Republic (“AMO”) (...)

The US Northern District of California decides antitrust standing issue for indirect purchasers (TFT-LCD Antitrust Litigation)
Cohen Milstein (New York)
United States 57 contributions 7660 visits
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Burns Charest (Washington)
United States 57 contributions 7660 visits
Even though many states have chosen to part company with federal antitrust laws by permitting antitrust standing for so-called "indirect purchasers" under state law — despite the holding of the Supreme Court in Illlinois Brick Co. v. Illinois, 431 U.S. 720 (1977) that only so-called "direct (...)

The Local Court of Bonn rules that no access is granted to the documents voluntarily submitted by a leniency applicant (Pfleiderer)
Commeo (Frankfurt)
Germany 10 contributions 2649 visits
The Local Court in Bonn (Amtsgericht) decided on 18 January 2012 that no access will be granted to documents voluntarily submitted by a leniency applicant. According to the Local Court the threat to the effective detection and prosecution of competition law infringements justified in the (...)

The Lithuanian adopts a resolution establishing a new methodology for setting the amount of fines
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
Lithuania: New Methodology for Setting the Amount of Fines adopted* On 18 January 2012, the Government of the Republic of Lithuania adopted a resolution establishing a new methodology for setting the amount of fines imposed for the violation of the Law on Competition and EU antitrust rules. (...)

The Dutch Court of Appeal holds that global class action settlements can go through national courts (Converium)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47651 visits
An interesting judgment of the Court of Appeal (Gerechtshof) of Amsterdam of 17 January 2012 shows that Dutch courts have jurisdiction to deal with international mass claim settlements. In its decision, the Court made binding a settlement agreement reached in the Converium case. This (...)

The EU Court of Human Rights holds that the powers granted to the French Minister of economy under art. L. 442-6-III of the commercial code do not violate art. 6 of the ECHR (GALEC)
European Court of Justice (Luxembourg)
Luxembourg 2 contributions 1456 visits
The law NER (New Economic Regulations) adopted on May 15th, 2001, aimed at reinforcing the sanctions against abusive practices and facilitating damages actions, also fixed new rules of the game of the commercial negotiation. In particular, the provisions of Article L. 442-6-III of the French (...)

The US Court of Appeals for the Seventh Circuit clarifies the expert testimony standards in connection with class certification (Mesner / Northshore Univ. Health)
Cohen Milstein (New York)
United States 57 contributions 7660 visits
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Burns Charest (Washington)
United States 57 contributions 7660 visits
In this opinion, addressed above with respect to the class certification element of predominance, the Seventh Circuit also clarified the standards trial courts should use in evaluating expert testimony submitted in connection with class certification. The plaintiffs filed a motion seeking to (...)

The US Court of Appeals for the Seventh Circuit clarifies the standards trial courts should use in evaluating expert testimony submitted in connection with class certification (Mesner / Northshore Univ. Health)
Cohen Milstein (New York)
United States 57 contributions 7660 visits
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Burns Charest (Washington)
United States 57 contributions 7660 visits
In this opinion overturning the district court’s denial of class certification, the Seventh Circuit clarified the standards trial courts should use in evaluating expert testimony submitted in connection with class certification. The plaintiffs filed a motion seeking to exclude the (...)

The French Criminal Supreme Court puts an end to its preferential treatment having regard to the search for evidence of anticompetitive practices (Amaury)
Lamy-Lexel (Lyon)
France 2 contributions 758 visits
Historically, in France, the press industry benefited from a preferential treatment. Due to the specific nature of its activity and the importance of the freedom of the press, the undertakings operating in the press industry were not subject to the same rules as the other undertakings. In (...)

The French Competition Authority issues an opinion regarding the food retail sector in Paris finding the market too concentrated and suggesting the creation of a “structural injunction” (Casino)
8 contributions 3166 visits
Bully beef* Sometimes competition law looks as if it’s on the side of the bullies. Take, for example, the French Autorité de la concurrence’s recent decision in the Paris food retail sector case. The Autorité came up with the idea of using a new tool – a structural injunction – to tackle (...)

The Korea Fair Trade Commission issues revised guidelines of cartel leniency programs with a view to preventing recidivism and reducing the extent of immunity in cases of two-firm cartels
Trinity Legal (Seoul)
3 contributions 774 visits
INTRODUCTION Many countries have operated the cartel leniency programs following the United States. Cartel activities have been hard to be cracked because cartel participants continue to be extremely sneaky or stealthy. Thus, the cartel leniency program is the most powerful tool for (...)

Regulatory

 The French Competition Authority issues recommendations on the roll-out of very high speed broadband over optical fiber networks
Autorité de la concurrence (Paris)
France 748 contributions 411154 visites
At the request of the Senate, the Autorité de la concurrence reminds public authorities of the competitive framework within which they can participate in the roll-out of very high speed broadband via "integrated projects". It issues a number of recommendations to prevent the risk for public (...)