January 2018

Anticompetitive practices

 The Copenhagen City Court fines a real estate chain and an association of real estate agents for unlawful boycott (EDC-Gruppen / Danish Association of Chartered Estate Agents)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 125 contributions 34119 visits
Denmark: Real estate chain and the Danish Association of Chartered Estate Agents sentenced to fines for unlawful boycott* On January 30, 2018, the City Court of Copenhagen passed sentence upon the real estate chain EDC-Gruppen A/S and the Danish Association of Chartered Estate Agents for (...)

The EU Commission publishes a report on the implementation of collective redress mechanisms in EU Member States
Court of First Instance of Namur (Namur)
Belgium 225 contributions 45465 visits
On 26 January 2018, the European Commission (the “Commission”) published a report on the implementation of collective redress mechanisms in EU Member States (the “Report”). The Report is the Commission’s opportunity to comprehensively review the implementation of its 2013 Recommendation on common (...)

The German Federal Court of Justice rules on action brought by a car repair shop against the general importer of car vehicles who operated a selective distribution system for servicing of its vehicles (Jaguar)
Van Bael & Bellis (Brussels)
Belgium 379 contributions 88862 visits
On 23 January 2018, the German Federal Court of Justice ruled on an action brought by a car repair shop (the claimant) against the general importer of Jaguar and Land Rover vehicles (the defendant). The importer operated a selective distribution system for the servicing of its vehicles. (...)

The Romanian Competition Authority fines a chamber of notaries for cartel (Chamber of Public Notaries)
Romanian Competition Council (Bucharest)
Romania 127 contributions 23055 visits
The Competition Council sanctioned with fines of lei 2.8 million the public notaries from Suceava and Botosani* The Competition Council sanctioned the Chamber of Public Notaries from Suceava and 72 public notaries from Suceava and Botosani counties, members of this organization with fine (...)

The EU Court of Justice rules that the dissemination of misleading information is a restriction by object and excludes exemption under Article 101 §3 TFEU (Hoffman-La Roche / Novartis)
Almain (Paris)
France 1 contribution 1482 visits
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Simmons & Simmons (Paris)
France 27 contributions 58172 visits
On 23 January 2018, the Court of Justice of the European Union delivered its decision on the preliminary ruling referred to it by the Italian Council of State in the dispute between Roche and Novartis on the one hand and the Italian competition authority (AGCM) on the other. In 2014, Roche and (...)

The EU Court of Justice clarifies the application of competition law to the pharmaceutical sector concerning off-label use of medicine and the dissemination of misleading information about product characteristics (Hoffman-La Roche / Novartis)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6858 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60876 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6507 visits
On 23 January 2018, the CJEU rendered its judgment in the case Hoffman-La Roche and Others v AGCM, providing clarification on important aspects of competition law in the pharmaceutical sector. The CJEU rendered its judgment pursuant to a request for a preliminary ruling by the Italian Council (...)

The EU Court of Justice holds that colluding to disseminate information constitute a restriction of competition "by object" (Hoffman-La Roche / Novartis)
Portolano Cavallo (Milan)
Italy 58 contributions 7886 visits
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Portolano Cavallo (Milan)
Italy 6 contributions 489 visits
On January 23rd, 2018, the ECJ delivered its preliminary ruling on theRoche/Novartis v. Commissioncase (C-179/16), concerning the compatibility of an agreement entered into between Roche and Novartis with Article 101 TFEU. The controversy originated before of the ICA, which on 27 February 2014 (...)

The Romanian Competition Authority fines six companies for bid-rigging in the market of electricity consumption equipment (ECRO)
Romanian Competition Council (Bucharest)
Romania 127 contributions 23055 visits
The Competition Council applied fines of 73 millioan lei to 6 companies for the bid-rigging in the field of electricity comsumption equipment* The Competition Council sanctioned with fines totaling 73,100,870.37 lei (about € 15.8 million) six companies for the conclusion of two anticompetitive (...)

The Romanian Competition Authority sanctions with €1.1 million 3 companies selling equipment for electricity measurement (Arc Braşov)
Romanian Competition Council (Bucharest)
Romania 127 contributions 23055 visits
1) The Competition Council sanctioned with €1.1 million 3 companies selling equipment for electricity measurement* The Competition Council sanctioned with fines totalling lei 4,947,086.23 (about Euros 1.1 million) three companies for the purpose of reaching an agreement in order to limit the (...)

The US Court of Appeals for the Third Circuit issues a decision holding that purchasers have standing to seek damages from suppliers accused of price-fixing (Processed Egg Products)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 15 contributions 2316 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 8 contributions 2396 visits
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K&L Gates (Charleston)
United States 6 contributions 1902 visits
Last week, in In re: Processed Egg Products Antitrust Litigation, the U.S. Court of Appeals for the Third Circuit issued a decision holding that purchasers of processed egg products have standing to seek damages from egg suppliers accused of price-fixing in violation of Section 1 of the Sherman (...)

The Hellenic Competition Authority accepts remedies addressing competition concerns related to franchise agreements in the pizza market (Roma Pizza)
Hellenic Competition Commission (Athens)
Greece 104 contributions 14417 visits
HCC has accepted commitments proposed by Roma Pizza S.A. to address competition concerns with regard to the terms of its franchise / distribution system following a complaint by former franchisees* By its unanimous decision no. 639/2017, the Chamber of the Hellenic Competition Commission (...)

The Romanian Competition Authority fines companies and associations on the market of security services for setting minimum prices (Euroguard)
Romanian Competition Council (Bucharest)
Romania 127 contributions 23055 visits
The Competition Council sanctioned with 23.4 million lei companies and associations on the market of security services * The Competition Council sanctioned with fines totaling 23,422,255.99 lei (about 5 million euros), 33 companies and 4 associations for setting the minimum price, (...)

The Russian Arbitration Court of the Far East District upholds a cartel decision in the passenger transportation market (Flagman-Auto)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53283 visits
Court supported a decision of primorie OFAS on a passenger transportation case in Vladivostok* The parties to the case entered into an agreement that restricted competition on the market of urban passenger transportation In July 2015, the Commission of Primorie OFAS found that Vladivostok (...)

The Russian Competition Authority opens a proceeding against forensic equipment suppliers for cartel (Krim-Market)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53283 visits
FAS exposed collusion between forensic equipment suppliers* Nine companies are guilty of collusion at auctions organized by the Ministry of Interior and Russian Federal Forensics Centre at the Ministry of Justice On 15 January 2018, the Federal Antimonopoly Service found that “Krim-Market” (...)

The Russian Competition Authority opens a proceeding to investigate a cartel in the market of supplying gas chromatographs (Chromatec)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53283 visits
FAS exposed a cartel for supplying gas chromatographs* Actions of “Chromatec” and “Chromatec-Service Yoshkar-Ola” at an auction for the needs of the Federal Drug Control Service resulted in maintaining auction prices Having investigated an antimonopoly case, FAS found that “Chromatec” Special (...)

The Danish Competition Authority fines a construction company for an exchange of information with a competitor in a bid-rigging case (Troels Jørgensen)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 125 contributions 34119 visits
Denmark: Construction company pays fine in settlement for bid rigging* On 11 January 2018, the contruction company Troels Jørgensen A/S entered into a settlement with a competitor for infringing section 6 of the Danish Competition Act. The company accepted to pay a fine of DKK 3,200,000 (€ (...)

The Russian Competition Authority opens proceedings concerning a cartel in the railway tracks market (Partnerstvo)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53283 visits
Rail track collusion* Moscow OFAS exposed cartels at auctions of the Ministry of Defence for supplying materials for rail tracks. “Partnerstvo” Ltd., “Pravda” Ltd. and “DorRem” Ltd. concluded and implemented oral cartel agreements throughout 5 auctions (in breach of Clause 2 Part 1 Article 11 of (...)

The Russian Arbitration Appeal Court upholds a cartel decision between suppliers of individual respiratory protection equipment (Tambovgalvanotekhnika)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53283 visits
Court confirmed a cartel of 30 companies – suppliers of individual respiratory protective equipment* The cartel dividing the market between its participants maintained prices at 1 308 tenders On 10 January 2018 the 9th Arbitration Appeal Court confirmed legitimacy of FAS decision regarding 30 (...)

The Warsaw Court of Appeal confirms that resale price maintenance in franchise agreements violates competition law (Sfinks Polska)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 3 contributions 9973 visits
In its judgement of 10 January 2018, the Court of Appeal in Warsaw upheld the decision of the President of the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, UOKiK) of 25 June 2013 in which Sfinks Polska S.A. (Sfinks) was found to infringe Art. 6(1) of the Polish (...)

The Indian Competition Authority imposes the highest fine in terms of profit on hardcore cartel for supplying coal to 7 thermal power stations (Maharashtra State Power Generation / Nair Coal Services / Karam Chand Thapar / Naresh Kumar)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40049 visits
CCI imposes highest penalty in terms of profit on a hard core cartel for coal liaisoning services for supply of coal to seven thermal power stations of Maharashtra State Power Generation Co. Ltd.* The Competition Commission of India (CCI) vide its order dated January 10, 2018 has exposed a (...)

The Hungarian Competition Authority publishes new notices on fines in an effort to incentivise companies to cooperate in reducing their fines
Hungarian Competition Authority (Budapest)
Hungary 85 contributions 17268 visits
According to the GVH’s new Notices on Fines significant advantages can be gained from cooperating with the authority* The Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) incentivises undertakings to remedy the harm caused to consumers as a result of competition law infringements (...)

Unilateral Practices

 The Danish Competition Authority fines a pharmaceutical company for abuse of dominance by charging unfair prices (CD Pharma)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 125 contributions 34119 visits
CD Pharma has abused its dominant position by increasing their price by 2,000 percent* On 31 January 2018, the Danish Competition Council (“DCC”) ruled in a case concerning CD Pharma’s (a pharmaceutical distributor) abuse of dominant position by charging unfair prices for the drug Syntocinon. (...)

The Cairo Economic Court upholds the recommendation of the Egyptian Competition Authority and fines a TV broadcasting company for abusive bundling of international football events (Nasser Al-Khulaifi / beIN Media)
Fingleton (London)
United Kingdom 6 contributions 3045 visits
The Cairo Economic Court upholds the recommendation of the Egyptian Competition Agency and fines a TV broadcasting company for abusive bundling of international football events (Nasser Al-Khulaifi / beIN Media) On 29th January 2018 the Cairo Economic Court found that beIN had abused its (...)

The EU Commission fines a manufacturer of LTE baseband chipsets for abuse of dominance (Qualcomm)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2524853 visits
Antitrust: Commission fines Qualcomm €997 million for abuse of dominant market position* The European Commission has fined Qualcomm €997m for abusing its market dominance in LTE baseband chipsets. Qualcomm prevented rivals from competing in the market by making significant payments to a key (...)

The EU Commission fines a manufacturer of baseband chipsets for abusing its dominant position by using loyalty rebates (Qualcomm)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6858 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60876 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6507 visits
On 24 January 2018 the EC fined Qualcomm EUR 997 million for hindering competition on the market for Long-Term Evolution (LTE) basebands chips, in breach of Article 102 TFEU. Baseband chipsets, which enable smartphones and tablets to connect to cellular networks, are used both for voice and (...)

The EU Commission fines a baseband chipset manufacturer for abusing its dominant position (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Rome)
Italy 4 contributions 1380 visits
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Orrick, Herrington & Sutcliffe (Rome)
Italy 1 contribution 170 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On January 24, 2018, the European Commission announced that it had fined Qualcomm EUR 997,439,000. The Commission thinks that Qualcomm had abused its dominant (...)

The EU Commission fines a company for abuse of dominance on the market for baseband chipsets for smartphones and tablets (Qualcomm)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64176 visits
On 24 January 2018, the European Commission (the “Commission”) announced that it had imposed fines totalling € 997.439 million on chipset producer Qualcomm for abusing a dominant position contrary to Article 102 TFEU. While the public version of the decision has not yet been published, the (...)

The German Federal Court of Justice issues a landmark decision addressing the issue of “Wedding Rebates” demanded by undertakings with relative market power (EDEKA)
University of Kiel
Germany 1 contribution 805 visits
The German Federal Court of Justice (BGH) had to assess the outcome of price negotiations between a powerful German food retailer (Edeka) and some of its suppliers. Edeka had just taken over a no-frills competitor (“Plus”) with more than 2000 outlets and was in the process of rebranding these (...)

The German Federal Court of Justice issues landmark ruling on unfair trading practices (EDEKA)
Jones Day (Frankfurt)
Germany 12 contributions 3320 visits
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Jones Day (Brussels)
Belgium 41 contributions 17279 visits
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Jones Day (Frankfurt)
Germany 11 contributions 3981 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. _ The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European (...)

The Slovak Competition Authority fines the undertaking managing the Bratislava Airport for abuse of dominance (M. R. Štefánik Airport)
Slovak Competition Authority (Bratislava)
Slovakia 50 contributions 4743 visits
AMO SR decided on the abuse of dominant position by Bratislava Airport* On 18 January 2018 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant Position and Vertical Agreements, (hereafter "the Office") issued a decision, by which it imposed a fine in the amount of (...)

The German Competition Authority closes proceeding on the conditions of supply for raw milk in a case against Germany’s largest dairy company (Deutsche Milchkontor)
German Competition Authority (Bonn)
Germany 422 contributions 106245 visits
Proceeding against DMK dairy discontinued* The Bundeskartellamt has discontinued its proceeding on the conditions of supply for raw milk which was conducted as a sample case against Germany’s largest dairy, Deutsche Milchkontor eG. Andreas Mundt, President of the Bundeskartellamt: "We have (...)

The Romanian Competition Authority opens a procedure against a company suspected of abuse of dominance in the mediation services market through online platforms (Dante International)
Romanian Competition Council (Bucharest)
Romania 127 contributions 23055 visits
The Competition Council analyses a possible abuse of dominant position of Dante International SA* The Competition Council opened an investigation on a possible abuse of dominant position by Dante International SA on the mediation services market through online platforms in Romania. Dante (...)

Mergers

 The Belgian Competition Authority clears a merger subject to remedies in the market of garages for maintenance and repairs of trucks (Kant / Volvo)
Belgian Competition Authority (Brussels)
Belgium 83 contributions 19832 visits
THE COMPETITION COLLEGE OF THE BCA AUTHORISES CONDITIONALLY THE ACQUISITION OF GARAGES OF THE GROUP KANT BY VOLVO GROUP BELGIUM* The Competition College of the Belgian Competition Authority (BCA) has authorised on 31 January 2018 the acquisition of garages of Kant NV by Volvo Group Belgium NV. (...)

The US Federal Trade Commission increases notification thresholds under the Hart-Scott-Rodino Act and Clayton Act Section 8
AT&T (Washington)
United States 1 contribution 317 visits
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McDermott Will & Emery (Washington)
United States 30 contributions 6142 visits
The US Federal Trade Commission (FTC) announced revised thresholds for Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) pre-merger notifications on January 26, 2018. These increased thresholds will become effective in late February or early March. These new thresholds apply to any (...)

The US Federal Trade Commission announces the annual changes to the Hart-Scott-Rodino Act notification thresholds
White & Case (Washington)
United States 41 contributions 25322 visits
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White & Case (Washington)
United States 28 contributions 17853 visits
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White & Case (Washington)
United States 16 contributions 5944 visits
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On January 26, 2018, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. Accordingly, the 2018 (...)

The US FTC announces that the Hart-Scott-Rodino premerger notification program will be raised about 4.4 percent from the 2017 levels
Dechert (New York)
United States 9 contributions 1238 visits
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Dechert (Washington)
United States 15 contributions 2326 visits
HSR Filing Threshold Increases to US$84.4 Million HSR Act or Rule Provision2018 Indexed Value US$50 million size-of-transaction test US$84.4 million US$200 million size-of-transaction test US$337.6 million US$100 million size-of-person test US$168.8 million US$10 million size-of-person (...)

The US FTC announces new jurisdictional thresholds for the HSR, which it adjusts annually based on changes in the gross national product
Baker Botts (Washington)
United States 10 contributions 5124 visits
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Baker Botts (Washington)
United States 7 contributions 1196 visits
On January 26, 2018, the Federal Trade Commission announced new jurisdictional thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”) and Section 8 of the Clayton Act (“Corporate Interlock Statute”). The FTC is required to adjust the thresholds annually, based on (...)

The Competition Commissioner Margrethe Vestager takes the stage at the GCLC Annual Conference to discuss her vision for fairness and competition policy
FTI Consulting (London)
United Kingdom 2 contributions 1861 visits
In January 2018 Competition Commissioner Margrethe Vestager took the stage at the GCLC Annual Conference to discuss her vision for fairness and competition policy. Most notable were her points about the role of internal documents in merger clearance investigations. Her statement, “internal (...)

The Antimonopoly Committee of Ukraine issues an explanatory note after the adoption of the Law of Ukraine which improved control over mergers in terms of sanctions-related transactions
Marchenko Danevych (Kiev)
1 contribution 159 visits
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Marchenko Danevych (Kiev)
1 contribution 159 visits
With the armed conflict lasting on the Ukrainian territory, economic and business interests are in need of protection as never before. One of the measures recently taken in this regard was to ensure that neither individuals, nor undertakings, placed under conflict-related sanctions, are able to (...)

The EU Commission clears a merger subject to remedies in the market of semiconductors (Qualcomm / NXP)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2524853 visits
Mergers: Commission approves Qualcomm’s acquisition of NXP, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of NXP, based in the Netherlands, by Qualcomm of the US. The approval is conditional on full compliance with (...)

The EU Commission clears merger of semiconductor companies subject to interoperability and quasi-structural remedies designed to address conglomerate concerns (Qualcomm / NXP)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 74 contributions 54364 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 4 contributions 1868 visits
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NXP Semiconductors (Hamburg)
Germany 1 contribution 97 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 July 2018, US company Qualcomm Inc announced the abandonment of its proposed acquisition, through its subsidiary Qualcomm River Holding BV (Qualcomm), of (...)

The Polish Competition Authority fines a company for failure to provide information in a merger context (DOM Polska)
Polish Competition Authority (Warsaw)
Poland 102 contributions 18303 visits
Dom Polska - decision of the UOKiK* The DOM Polska company has failed to provide information on a contemplated concentration scheme as requested by the President of UOKiK. The concentration scheme involved the takeover of control over LOB by ASSA ABLOY Entrance Systems. The behaviour of the (...)

The EU Commission conditionally clears a merger in the semiconductor industry (Qualcomm / NXP)
IPR University Center (Helsinki)
Finland 29 contributions 5256 visits
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Grimaldi Studio Legale (Brussels)
Belgium 1 contribution 95 visits
Qualcomm’s Acquisition of NXP Receives Antitrust Clearance by the European Commission, Subject to Commitments* Introduction On 28 April 2017, the European Commission (“Commission”) received, pursuant to the EU Merger Regulation, notification of a proposed concentration involving the acquisition, (...)

The Turkish Competition Authority approves acquisition of an IT company subject to a mandatory merger control although the transaction does not satisfy the jurisdictional turnover thresholds on a stand-alone basis (Zirve / Mikro)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69572 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 3978 visits
By way of taking into account another transaction realized by the same acquirer within the same relevant product market previously, the Turkish Competition Board (“ Board ”) resolved that the contemplated transaction is subject to a mandatory merger control filing, although it does not satisfy (...)

The EU Advocate General Wahl excludes gun-jumping in a case involving a takeover in the auditing sector (EY / KPMG)
Basic-Fit (Hoofddorp)
Netherlands 45 contributions 19997 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 26985 visits
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European Commission (Brussels)
Belgium 45 contributions 20022 visits
Gun-jumping rules prevent companies, subject to the obligation to notify, from completing a merger or acquisition, in whole or in part, prior to obtaining the approval from the relevant Competition Authorities. In May 2014, Ernst & Young (EY) acquisition of KPMG’s Danish unit was approved (...)

The Turkish Competition Authority unconditionally approves the acquisition of sole control realized by way of a reverse-triangular merger (UTC / Rockwell)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69572 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 3978 visits
The Turkish Competition Board (“ Board ”) unconditionally approved the acquisition of sole control over Rockwell Collins, Inc. (“ Rockwell ”) by United Technologies Corporation (“ UTC ”) which will be realized by way of a reverse-triangular merger. This case summary concerns an analysis of the (...)

The Romanian Competition Authority fines two companies for implementing a merger before authorization (CRH Ciment / Comnord)
Romanian Competition Council (Bucharest)
Romania 127 contributions 23055 visits
The Competition Council has sanctioned 2 companies for implementing a concentration* The Competition Council applied fines of 3,056,314 lei (approx. € 655,904) to the companies CRH Ciment (România) SA and Comnord SA for the implementation of an economic concentration before its authorization by (...)

The South African Competition Authority publishes its recommendations for approving conditionally a merger in the market of petroleum (Sinopec / Chevron)
Primerio (Washington)
46 contributions 9987 visits
MERGER CONTROL: PUBLIC INTEREST & SINOPEC/CHEVRON* WHEN THE STICK IS GREATER THAN THE CARROT While China Petroleum & Chemical Corporation (Sinopec), and global commodities trader and miner Glencore are the front runners in a bid to buy Chevron’s South African Business (Chevron SA), it (...)

State Aid

 The EU General Court upholds a Commission’s decision ordering the recovery of illegal State aid (Brussels South Charleroi Airport)
European Commission (Brussels)
Belgium 45 contributions 20022 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 26985 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 19997 visits
The General Court of the EU has dismissed the appeal filed by Brussels South Charleroi Airport (“BSCA”) against a 2014 Commission decision whereby Belgium was ordered to recover illegal State aid granted to BSCA. In its decision, the Commission found that a series of measures adopted by the (...)

The EU General Court affirms a Commission decision ordering the recovery of incompatible State aid granted by Belgium to an airport (Brussels South Charleroi Airport)
Maastricht University
Belgium 320 contributions 56233 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The French Administrative Court of Appeal for Versailles annuls a recollection title but confirms that the principle of effectiveness prevails over damage claims by a beneficiary of State aid (Groupe Pierre Henry)
Clifford Chance (Brussels)
Belgium 8 contributions 138 visits
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4 contributions 67 visits
On 16 December 2003, the European Commission (the "Commission") requalified a disposition of the French tax code as an unlawful aid. This disposition, article 44 septies, allowed legal entities incorporated to acquire failing companies active in the industrial sector to be partially exempted (...)

The EU General Court affirms a Commission decision that France did not act as a private investor, and that Member States claiming private investor status have to prove it on the basis of objective and verifiable evidence (EDF)
Maastricht University
Belgium 320 contributions 56233 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The Madrid Administrative Court of Spain dismisses the action against assessment of the works on buildings tax on the ground that the exemption claimed by a religious congregation constitutes unlawful state aid
Judicial Ethics Commission (Madrid)
39 contributions 1884 visits
Madrid Administrative Court, after having referred the matter to the ECJ for a preliminary ruling, dismisses the action against the refusal of the work on buildings tax exemption applicable to a religious congregation, the Piarists, on the ground that it constitutes unlawful aid and without (...)

Procedures

 The Italian Supreme Court upholds the class action ruling of the Court of Appeal of Milan on misleading advertising (Voden)
Jones Day (Milano)
Italy 3 contributions 435 visits
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Jones Day (Munich)
Germany 1 contribution 322 visits
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Jones Day (Paris)
France 1 contribution 322 visits
The Situation: On January 31, 2018, the Italian Supreme Court ruled on the first Italian product-related class action promoted by a consumers’ association. The Result: The Court upheld the consumer’s class action claim regarding the unlawful advertising of a medical device. Looking Ahead: The (...)

The Canadian Competition Bureau sues ticket vendors for misleading prices (Ticketmaster / Live Nation)
Affleck Greene McMurtry (Toronto)
Canada 5 contributions 973 visits
Ticketmaster Prices Are Misleading: Competition Bureau (If You Can Get Tickets)* Following a warning in 2017 to ticket vendors that they should ensure advertised prices were accurate, Canada’s Competition Bureau sued Ticketmaster and its parent, LiveNation. The Bureau alleges that Ticketmaster (...)

The Federal Court of Appeal of Ottawa denies the Competition Bureau public interest privilege (Vancouver Airport Authority)
Stikeman Elliott (Toronto)
Canada 6 contributions 2068 visits
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Norton Rose Fulbright (Toronto)
Canada 2 contributions 247 visits
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Ontario Superior Court of Justice
Canada 1 contribution 109 visits
Last April, the Competition Tribunal (Tribunal) rejected arguments that the Tribunal’s longstanding approach to public interest privilege should re-evaluated and found that class privilege protected documents from disclosure that the Competition Bureau (Bureau) had collected from third parties (...)

The EU General Court provides guidance on the rejection of tenders if evaluation and award decisions are adopted through two-tier bodies (Kenup Foundation / EIT)
University of Bristol - Law School
United Kingdom 91 contributions 24737 visits
REJECTION OF TENDERS FOR EU RESEARCH FUNDING, ANY LESSONS FOR PROCUREMENT? (T-76/15)* In its Judgment of 18 January 2018 in Kenup Foundation and Others v EIT, T-76/15, EU:T:2018:9, the General Court of the Court of Justice of the EU (GC) assessed the compatibility with EU law of the rejection (...)

Regulatory

 The Brazilian Competition Authority joins UNCTAD’s COMPAL program for strengthening institutions in competition and consumer protection laws in Latin America
United Nations Conference on Trade and Development (UNCTAD)
Switzerland 12 contributions 693 visits
Brazil joins UNCTAD’s COMPAL Programme* The permanent mission of Brazil presented the letter of Mr. Alexandre Barreto de Souza, President of CADE, Brazil’s Competition Authority on 16 January, requesting his accession to UNCTAD’s COMPAL Program. The Administrative Council for Economic Defense (...)

The EU Court of Justice holds in response to a request for a preliminary ruling by the Netherlands that the definition of "service" in the Services Directive includes retail trade in goods (X BV)
Lemstra Van der Korst (Amsterdam)
Netherlands 1 contribution 68 visits
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Jones Day (Amsterdam)
Netherlands 1 contribution 68 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On January 30, 2018, the European Court of Justice ("ECJ") rendered a judgment with far­ reaching consequences for the European retail trade (ECLI:NL:C:2018:44). (...)

The Canadian Telecom Regulator has an opportunity to effectively control online piracy based on a proposal from a coalition of telecom operators and rights holders (FairPlay Canada)
International Center for Law & Economics (Portland)
United States 1 contribution 187 visits
The Canadian Parliament Has an Opportunity to Effectively Control Online Piracy In an ideal world, it would not be necessary to block websites in order to combat piracy. But we do not live in an ideal world. We live in a world in which enormous amounts of content—from books and software to (...)

The Supreme Court of India reverses appellate tribunal’s decision and upholds Indian Competition Authority’s interpretation of the Competition Act resulting in fine for regional TV Multi System Operator (Fastway Transmission)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40049 visits
Supreme Court upholds CCI’s interpretation of Section 4(2)(c) of the Act* The Supreme Court vide its judgement dated January 24, 2018 has set aside the COMPAT decision dated May 2, 2014 in which, the COMPAT while dismissing the CCI’s order has held that a denial of market access as envisaged (...)

The EU Commission issues new requirements to ensure the independence of payment card schemes and processing entities (Interchange Fee Regulation)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2524853 visits
Competition: Commission welcomes new rules that benefit consumers by promoting more competition in processing of card payments* The European Commission has issued new requirements that ensure independence of payment card schemes and processing entities, to enhance competition in the card (...)

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