January 2019

General antitrust

 The EU Commission issues a report on competition enforcement in the pharmaceutical sector covering the years 2009-2017
DG COMP (Brussels)
Belgium 814 contributions 1781353 visits
Report on Competition enforcement in the pharmaceutical sector (2009-2017)* On 28 January 2019, the European Commission adopted the Report ‘European competition authorities working together for affordable and innovative medicines’ on competition enforcement in the pharmaceutical sector. The (...)

The EU Commission publishes a report on competition enforcement in the pharmaceutical sector between 2009 and 2017
Court of First Instance of Namur (Namur)
Belgium 224 contributions 41694 visits
On 28 January 2019, the European Commission adopted a report on competition enforcement in the pharmaceutical sector between 2009 and 2017. The report provides an overview on the enforcement of antitrust and merger rules in the pharmaceutical sector and describes how competition law enforcement (...)

Anticompetitive practices

 The Romanian Competition Authority fines six undertakings for an anticompetitive agreement in the market of maintenance services required for ship equipment (Japan Radio / Alphatron Marine / Space Electronics / Alhoutyam / Navtron / Polar Denizcilikve Deniz Malzemeleri)
Romanian Competition Council (Bucharest)
Roumanie 64 contributions 13152 visites
The Competition Council sanctioned with 2 million euro six companies for anticompetitive agreements* The Competition Council sanctioned with fines totalling 9,002,621.75 lei (approx. 2 million Euro) for an anti-competitive agreement aiming at the limitation of marketing of the maintenance (...)

The Supreme Administrative Court of Czech Republic annuls fines imposed on members of a construction cartel as the evidence was obtained through fishing expeditions (Daich / Hochtief Cz / Swietelsky / Ave Cz / Vidox / Colas Cz / Ohl Žs / Lesostavby Třeboň)
Skils (Prague)
Czech Republic 33 contributions 24954 visits
On 30 January 2019, the Supreme Administrative Court (SAC) rejected the cassation appeal lodged by the Office for Protection of Competition (Office) against the previous Regional Court in Brno (RCB) judgment which cancelled Office’s decision fining construction companies for alleged cartel (...)

The Competition and Consumer Commission of Singapore fines hotels for exchanging commercially sensitive information (Capri / Village Hotels / Crowne Plaza)
Baker McKenzie (Singapore)
Singapore 3 contributions 2375 visits
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Baker McKenzie (Singapore)
Singapore 2 contributions 2064 visits
Finding of Single Economic Entity in the Competition and Consumer Commission of Singapore’s infringement decision against 4 competing hotels for the exchange of commercially sensitive corporate customer information between competing hotels in Singapore. On 30 January 2019, the CCCS issued its (...)

The German Competition Authority fines a bicycle wholesaler for vertical price-fixing (ZEG)
German Competition Authority (Bonn)
Germany 335 contributions 71820 visits
Fine imposed on bicycle wholesaler ZEG for vertical price-fixing* The Bundeskartellamt has imposed fines totalling around 13.4 million euros on the bicycle wholesaler ZEG Zweirad-Einkaufs-Genossenschaft eG (ZEG), Cologne, and its representatives for fixing prices with 47 bicycle retailers. The (...)

The EU Commission fines a clothing company for restrictions relating to the online sales activities of its authorized distributors (Guess)
Dentons (Brussels)
Belgium 3 contributions 1965 visits
Guess Where Enforcement Stands Post E-Commerce Sector Inquiry?* On December 17, 2018, the European Commission (EC) imposed on the clothing company Guess a hefty penalty of EUR 40 million for allegedly severe restrictions relating to the online sales activities of its authorized distributors. (...)

The Paris Court of Appeal confirms that a supplier heading a purely qualitative selective distribution network can refuse a distributor meeting all the network’s selection criteria if the refusal has no anticompetitive object or effect (Mazda / Palau)
Delcade Avocats & Solicitors (Paris)
France 6 contributions 2421 visits
In its Mazda ruling of 23 January 2019, the Court of Appeal ("Cour d’Appel") of Paris confirms a developing French case law under which a supplier heading a purely qualitative selective distribution network can refuse to authorize a distributor meeting all the network’s selection criteria, (...)

The EU Commission fines a credit card company for obstructing merchants’ access to cross-border card payment services (Mastercard II)
DG COMP (Brussels)
Belgium 814 contributions 1781353 visits
Antitrust: Commission fines Mastercard €570 million for obstructing merchants’ access to cross-border card payment services* The European Commission has fined the card scheme Mastercard €570 566 000 for limiting the possibility for merchants to benefit from better conditions offered by banks (...)

The Romanian Competition Authority fines three companies on the wood market for bid-rigging (Forestar / Nico Paul / Saniral)
Romanian Competition Council (Bucharest)
Romania 64 contributions 13152 visits
The Competition Council sanctioned three companies on wood market for rigging the bid* The Competition Council sanctioned three companies with fines totalling lei 2,315,077 (about 497,866 Euro) for rigging the bid conducted by Romsilva through the Neamt Forestry Department for the exploitation (...)

The EU Commission fines a credit card company €570 million for limiting retailers’ access to cross-border payment services (Mastercard II)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 80667 visits
On 22 January 2019, the European Commission (“Commission”) announced that it had imposed a fine of € 570,566,000 on Mastercard for preventing banks from offering lower interchange fees to retailers located in another EEA Member State, in breach of EU competition rules. Mastercard is the second (...)

The Romanian Competition Authority fines 13 tourism agencies and the National Associations of Tourism Agencies for coordinating behavior (ANAT)
Romanian Competition Council (Bucharest)
Romania 64 contributions 13152 visits
The Competition Council sanctioned 13 tourism agencies and Anat with fines of €2,45 million* The Competition Council sanctioned 13 tourism agencies and the National Associations of Tourism Agencies (ANAT) with total fines of 11.419.539.35 Lei (approximately €2,45 million) for coordinating (...)

The German Competition Authority in cooperation with the Austrian Competition Authority opens a formal proceeding against a search engine company suspected to have concluded anticompetitive agreements (Google)
German Competition Authority (Bonn)
Germany 335 contributions 71820 visits
Proceeding against whitelisting contract between Google and Eyeo terminated after amendments to the contract* In cooperation with the Austrian competition authority (BWB) the Bundeskartellamt conducted an administrative proceeding against the companies Google Inc., Mountain View/USA and Eyeo (...)

The French Competition Authority carries out unannounced inspections in the luxury watch retail sector
French Competition Authority (Paris)
France 631 contributions 262275 visits
Dawn raids* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the luxury watch retail sector Following authorisation from the liberty and custody judge, the investigation services of the Autorité de la concurrence have (...)

The Romanian Competition Authority fines a phone company for abuse of dominance (Orange Romania)
Romanian Competition Council (Bucharest)
Romania 64 contributions 13152 visits
The Competition Council sanctioned Orange Romania with fines of €14 million* The Competition Council sanctioned Orange Romania with fines of 64.915.183 Lei (approximately €14 MILLION) for abuse of a dominant position. The Competition Authority found that, in 2011-2015, the telephone operator (...)

The South African Competition Tribunal dismisses a cartel complaint in the power cables market, despite settlements by other respondents (Tulisa Cables / Alvern Cables / South Ocean Electric Wire Company / Abedare Cables)
Primerio (Washington)
44 contributions 8554 visits
South Africa: Competition Tribunal dismisses cartel complaint despite settlements by other respondents* On 15 January 2019, the South African Competition Tribunal (“Tribunal”) dismissed the Competition Commission’s (“Commission”) cartel complaint against Tulisa Cables. Tulisa Cables was one of four (...)

The Indian Competition Authority dismisses allegations of resale price maintenance against a manufacturer and seller of kitchen appliances due to lack of witnesses and manufacturer’s distribution rights (Snapdeal / Jasper Infotech / Kaff Appliances)
Vaish Associates Advocates (New Delhi)
India 257 contributions 33352 visits
CCI finds no evidence of resale price maintenance on sale of KAFF appliances on Snapdeal* CCI, by way of order dated 15.01.2019 under Section 26(6) the Act, has dismissed allegations of Resale Price Maintenance (“RPM”) against Kaff Appliances (India) Pvt. Ltd. ( “KAFF/ OP”).The information was (...)

The Indian Competition Authority fines 2 sellers of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Godrej / Boyce)
Vaish Associates Advocates (New Delhi)
India 257 contributions 33352 visits
CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel* The Competition Commission of India (“CCI/ Commission”), by way of order dated 15.01.2019, has imposed a penalty of INR 85,01,364/-on Godrej and Boyce manufacturing Co. Limited (“Godrej”) for acting in (...)

The Indian Competition Authority re-imposes fines on a professional association for limiting supply with its certification requirements in the pharmaceutical industry (Vedanta Bio Sciences Vadodara / Chemists and Druggists Association of Baroda)
Vaish Associates Advocates (New Delhi)
India 257 contributions 33352 visits
CCI Imposes Penalty on Chemists and Druggists Association of Baroda* CCI, by way of order dated 15.01.2019 has found the Chemists and Druggists Association of Baroda (‘CDAB’) to be in contravention of the Act by indulging in the activity of limiting and controlling the supply of drugs and (...)

The Italian Council of State confirms that the Italian Competition Authority wrongly established a bid rigging practice in the medical sector (Alliance / Siemens / Philips / Toshiba / AGCM)
Giannino SI (Monserrato)
Italy 142 contributions 122134 visits
By its recent judgment in Magnetic Resonance Imaging Scanners (MRI Scanners) the Italian Council of State uphold on appeal the judgement previously handed down by the Regional Administrative Court of Latium (TAR Latium). The TAR Latium set aside a decision made by the Italian Competition (...)

The Polish Competition Authority fines two transport companies for allocating the local passenger transport market between themselves (PKS / Rafbus)
Polish Competition Authority (Warsaw)
Poland 56 contributions 7863 visits
Prohibited market allocation scheme in the passenger transport* Two undertakings allocated the local passenger transport market between themselves. The initiator of the agreement was PKS in Piła. A fine of more than PLN 95,000 was imposed on the company for the infringement of competition. The (...)

The Danish City Court of Hillerød fines two members of the management of a now-dissolved demolition company for bid-rigging
Danish Competition and Consumer Authority (Copenhagen)
Denmark 105 contributions 26836 visits
Denmark: Two members of the management in now dissolved demolition company fined DKK 300.000 each in bid rigging case* The City Court of Hillerød has fined two members of the management in a now dissolved demolition company DKK 300.000 each for having participated in cartel agreements in the (...)

The US District Court for the Eastern District of Texas holds that FRAND commitment does not require licensing at chip level (HTC / Telefonaktiebolaget / Ericsson)
Sullivan & Cromwell (New York)
United States 2 contributions 41 visits
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Sullivan & Cromwell (Palo Alto)
United States 1 contribution 22 visits
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Sullivan & Cromwell (New York)
United States 2 contributions 41 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. SUMMARY On January 7, 2019, in HTC Corp. v. Telefonaktiebolaget LM Ericsson, Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas (...)

The Danish Competition Appeal Tribunal confirms fines imposed to members of an association of camera distributors for participating in anticompetitive agreements
Danish Competition and Consumer Authority (Copenhagen)
Denmark 105 contributions 26836 visits
Anti-competitive agreement/decision in an association of camera distributors* The Danish Competition Appeal Tribunal has upheld a decision taken by the Danish Competition Council (DCC) that a horizontal cooperation agreement/decision among more than 50 independent camera distributors, who are (...)

Unilateral Practices

 The French Competition Authority orders interim measures against a search engine company in the online advertising market (Amadeus / Google)
French Competition Authority (Paris)
France 631 contributions 262275 visits
Online advertising by directory enquiry services* The Autorité de la concurrence has ordered interim measures against Google. Google will need to quickly clarify the rules for its Google Ads online advertising platform that apply to electronic paid information services in order to make them (...)

The French Competition Authority orders a search engine company to review and clarify the rules of its online advertising service (Amadeus / Google)
Van Bael & Bellis (Brussels)
Belgique 189 contributions 58379 visites
On 31 January 2019, the French Competition Authority (the “FCA”) ordered Google to review the rules of its Google Ads service. The FCA’s Order follows a complaint by Amadeus, an operator of online enquiry services – such as “a directory that provides call or text numbers for business/ residential (...)

The French Competition Authority imposes interim measures on a Big Tech company following a complaint alleging abuse of its dominant position on the online search advertising market (Amadeus / Google)
Bird & Bird (Paris)
France 22 contributions 1617 visits
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Bird & Bird (Paris)
France 22 contributions 2278 visites
On January 31st 2019, the French Competition Authority (“the FCA”) imposed interim measures on Google following a complaint lodged in May 2018 by Amadeus (a company offering directory enquiry services) alleging that Google had abused its dominant position on the online search advertising market (...)

The Danish Competition Authority finds that a company abused its dominant position by excluding a competitor from the market for ambulance services (Falck / BIOS)
Bird & Bird (Copenhagen)
Denmark 33 contributions 3882 visits
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Bird & Bird (Copenhagen)
Danemark 24 contributions 1727 visites
On 30 January 2019, the Danish Competition Council ("DCC") established that Falck abused its dominant position (Danish Competition Act § 11 - Article 102 TFEU), by excluding the Dutch company BIOS from the Danish market for ambulance services. Falck is the largest provider of ambulance services (...)

The Danish Competition Authority finds that the largest provider of ambulances services abused its dominant position by excluding its competitor from the market (Falck / BIOs)
Szecskay Attorneys at Law (Budapest)
Hungary 3 contributions 898 visits
A new standard for abusive denigration? Danish NCA condemns covert media campaign* Antitrust enforcers are good at regularly reminding the competition law community that the various forms of abuse of dominance listed in Article 102 TFEU are not exhaustive. Indeed, the idea of what conduct (...)

The Danish Competition Authority reaches a decision regarding abuse of dominant position that leads to a huge damages settlement (Falck / BIOS)
Szecskay Attorneys at Law (Budapest)
Hungary 3 contributions 898 visits
HUGE DAMAGES SETTLEMENT FOLLOWING LANDMARK ABUSE OF DOMINANCE DECISION On January 30 2019, the Danish Competition Council (the “DCC”) found that ambulance services provider, Falck, had abused its dominant position under Article 102 TFEU. The DCC held that following a failed tender bid to the (...)

The German Competition Authority fines a bicycle purchasing cooperative for resale price maintenance (ZEG)
Van Bael & Bellis (Brussels)
Belgium 150 contributions 45831 visits
According to a press release dated 29 January 2019, the German Federal Cartel Office (“FCO”) has fined bicycle cooperative Zweirad-Einkaufs-Genossenschaft (“ZEG”) and its representatives a total of € 13.4 million for retail price maintenance. ZEG sells bicycles to its members under its own brands, (...)

The Belgian Competition Authority fines a distributor of infrared cabins for resale price maintenance (HM Products Benelux)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 80667 visits
On 24 January 2019, the Investigation and Prosecution Service of the Belgian Competition Authority (the “BCA”) imposed a € 98,000 fine on HM Products Benelux (“HM”) for engaging in resale price maintenance (“RPM”). HM imports and distributes infrared cabins of the HealthMate brand in the Benelux. The (...)

The Belgian Competition Authority adopts a settlement decision in a case concerning a practice of resale price maintenance (HM Products Benelux)
Belgian Competition Authority (Brussels)
Belgium 63 contributions 16279 visits
The Investigation and Prosecution Service of the BCA adopts a settlement decision for imposing maximum discount levels on a network of dealers and imposes a fine amounting to 98.000 EUR* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) sanctions the company (...)

The Belgian Competition Authority imposes interim measures on a broadcaster in order to ensure the continuity of the FM broadcasts in the execution of its public service mission (Norkring)
Belgian Competition Authority (Brussels)
Belgium 63 contributions 16279 visits
The Competition College of the BCA imposed an interim measure on Norkring België* On 22 January 2019, the Competition College of the Belgian Competition Authority (BCA) imposed an interim measure on NV Norkring België (Norkring) in order to ensure the continuity of the FM broadcasts of VRT in (...)

The South African Competition Tribunal fines an undertaking in the ticketing services market for an abuse of dominance (Computicket)
Primerio (Johannesburg)
South Africa 5 contributions 3530 visits
South Africa: Competition Tribunal Fines Computicket For Abusing Its Dominance* On 21 January 2019, the South African Competition Tribunal (Tribunal), ruled in favour of the South African Competition Commission (SACC) who prosecuted Computicket (Pty) Ltd. (Computicket) for abuse of dominance (...)

The Swedish Patent and Market Court finds that a dominant company’s termination of an access agreement with a downstream competitor constitutes an abuse (FTI)
Baker McKenzie (Stockholm)
Sweden 1 contribution 365 visits
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Baker McKenzie (Stockholm)
Sweden 1 contribution 365 visits
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Baker McKenzie (Stockholm)
Sweden 1 contribution 365 visits
In January 2019, the Swedish Patent and Market Court found that a dominant company’s termination of an access agreement with a downstream competitor constituted an abuse. By finding that the refusal had to be able to eliminate all effective competition on the downstream market in order to be (...)

The Swedish Patent and Market Court upholds the Competition Authority’s decision requiring a recycling station operator to extend an agreement with its competitor (FTI)
Van Bael & Bellis (Brussels)
Belgique 189 contributions 58379 visites
On 21 January 2019, the Swedish Patent and Market Court (the “Court”) upheld a decision of the Swedish Competition Authority (“SCA”) that required an operator of recycling stations for household waste to extend an agreement with its competitor. The Swedish Packaging and Newspapers Collection (...)

The Romanian Competition Authority opens an investigation for abuse of dominance against a distributor in the gas sector (Delgaz Grid)
Romanian Competition Council (Bucharest)
Romania 64 contributions 13152 visits
The Competition Council opened an investigation on a possible abuse of dominant position of Delgaz Grid SA* The Competition Council opened an investigation on a possible abuse of dominant position of Delgaz Grid SA, a member of E.ON Romania Group, manifested through a differentiated treatment (...)

The Turkish Competition Authority fines a company for resale price maintenance after the Council of State annulled its first decision finding no infringement regarding prepaid card prices (Turkcell II)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 114 contributions 39956 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 6 contributions 1915 visits
The Turkish Competition Board published its reasoned decision on an additional investigation on whether Turkcell İletişim Hizmetleri A.Ş. has violated the Law No. 4054 on the Protection of Competition through resale price maintenance and exclusivity practices (19-03/23-10; 10.01.2019). The (...)

The Italian Competition Authority fines for over €109 million two companies for abusing dominance in regulated retail energy markets in order to gain customers in competitive markets (Enel / Acea)
Bird & Bird (Rome)
Italy 26 contributions 2800 visits
On 8 January 2019, the Italian Competition Authority ("AGCM") fined Enel (the national former incumbent in the electricity sector) for over EUR 93 million and Acea (the Rome municipality utility company) for over EUR 16 million for abusing dominance in regulated retail energy markets to gain (...)

The Spanish Supreme Court confirms the annulment of a €120 Million fine imposed by the National Competition Authority against three mobile operators for abuse of dominance wholesale markets for termination of SMS and MMS (Telefónica / Vodafone / Orange)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 7 contributions 5939 visits
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 7 contributions 1576 visites
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 2 contributions 3116 visits
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In three judgments delivered in December 2018 and January 2019, the Spanish Supreme Court confirmed the annulment of fines amounting to a total of €120 million imposed on the three main telecoms operators in Spain (i.e., Telefónica, Vodafone and Orange) for abuse of dominance in the wholesale (...)

The Indian Competition Authority closes case which alleged discriminatory access to market currently in front of Securities Exchange Board due to insufficient evidence for a prima facie decision (Advocate Jitesh Maheshwari / National Stock Exchange of India)
Vaish Associates Advocates (New Delhi)
India 257 contributions 33352 visits
CCI cedes jurisdiction to SEBI to decide upon complaint of abuse of dominance against National Stock Exchange* The Commission, in a surprise turn from its previous position in so many cases before, by way of order dated 07.01.2019, decided not to inquire into allegations of abuse of dominance (...)

The Cypriot Competition Authority rejects a complaint of abuse of dominance in the funeral and cemetery services market (Archangel Funeral Services / The Holy Metropolis of Limassol / Funeral Office of The Holy Metropolis of Limassol)
Trojan Economics (Nicosia)
11 contributions 1700 visits
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Stephanie Theodotou Lawyer (Cyprus)
9 contributions 1228 visits
Introduction On 4 January 2019, the Cyprus Commission for the Protection of Competition (“CPC”) rejected a complaint filed by Archangel Funeral Services Plc (“Complainant”) on 2 November 2015. The complaint concerned an abuse of dominant position of The Holy Metropolis of Limassol (“Respondent 1”) (...)

Mergers

 The Indian Competition Authority approves a private takeover of a publicly held energy company affecting the power sector by financing and consulting markets (REC / Power Finance Corporation)
Vaish Associates Advocates (New Delhi)
India 257 contributions 33352 visits
CCI approves acquisition of REC Ltd by Power Finance Corporation Ltd* By way of order dated 31.01.2019, CCI has approved the acquisition of around 52.63% equity stake along with management control in REC Ltd (“REC”) by Power Finance Corporation Ltd (“PFC”). The acquisition is the aftermath of the (...)

The South African Competition Tribunal hears arguments for merger which would result in a 90% share in the market for steel drums (Greif / Rheem)
Toulouse School of Economics
France 3 contributions 1528 visits
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University of Witwatersrand (Johannesburg)
South Africa 4 contributions 5528 visits
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European University Institute (Florence)
Italy 2 contributions 1478 visits
Abstract In this paper, we use a differentiated- products oligopoly model to assess the impact on competition of a merger between Greif and Rheem South Africa. Both parties are active in the industrial packaging products sector. The parties’ activities overlap, among others, in the production (...)

The French Competition Authority clears a merger by approving in advance remedies in the market of fabrication and marketing of baking aids (Alsa / Dr. Oetker)
French Competition Authority (Paris)
France 631 contributions 262275 visits
Confection and marketing of baking aids* The Autorité de la concurrence clears the acquisition of Alsa by Dr. Oetker (Ancel) by approving a commitment which addresses in advance competition issues (“fix-it-first” commitment), by granting a credible market player a license for the Ancel brand On (...)

The US FTC conditionally approves a merger in the office supply market subject to behavioral remedies (Staples / Essendant)
McDermott Will & Emery (Washington)
États-Unis 19 contributions 2827 visites
THE LATEST: FTC Allows Problematic Vertical Merger to Proceed with a Behavioural Remedy* On January 28, the US Federal Trade Commission (FTC) announced that it had accepted a proposed settlement with office supply distributors Staples and Essendant in connection with Staples’ proposed $482.7 (...)

The UK Competition Authority issues its draft guidance concerning the application of competition law in the event of a no-deal Brexit scenario
Baker Botts (Brussels)
Belgium 21 contributions 11632 visits
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Baker Botts (Brussels)
Belgium 7 contributions 4013 visits
The UK Competition and Markets Authority (CMA) has issued a draft guidance paper (Draft Guidance) concerning the application of UK competition law in the event that the UK withdraws from the EU in a "no-deal" Brexit scenario. Contained in the Draft Guidance are specific guidelines on the impact (...)

The US FTC approves a merger in the office products market subject to behavioral remedies (Staples / Essendant)
Constantine Cannon (New York)
United States 2 contributions 526 visits
FTC Approval of Staples-Essendant Merger Exposes Fault Lines on Merger Enforcement* The U.S. Federal Trade Commission’s (“FTC”) recent approval of Staples, Inc.’s acquisition of office supply wholesaler Essendant, Inc.—on a party-line three-to-two vote—reveals the agency’s divergent political views (...)

The UK Competition Authority imposes structural remedies concerning a merger in the washroom suppliers market (Rentokil Initial / Cannon Hygiene)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 219 contributions 47145 visits
CMA orders sale of customer contracts in washroom suppliers’ merger* Rentokil Initial must sell several large supply contracts to satisfy CMA concerns over its merger with Cannon Hygiene. The decision by the Competition and Markets Authority (CMA) comes after an in-depth Phase 2 investigation (...)

The Latvian Competition Authority fines a company for infringement of the merger regulatory framework (MM Grupp)
Konkurences padome (Riga)
Latvia 96 contributions 15993 visits
​The CC imposes a fine on OÜ “MM Grupp” for infringement of merger regulatory framework* On 18 January, the Competition Council of Latvia (the CC) imposed a fine of 32,200 euros on OÜ “MM Grupp”, a company registered in Estonia, which is the owner of the Latvian news agency SIA “LETA”. During the (...)

The Indian Competition Authority approves merger of multinational companies with non-exclusive consignment selling agency arrangement in OTC and oral healthcare markets (Hindustan Unilever / GlaxoSmithKline Consumer Healthcare)
Vaish Associates Advocates (New Delhi)
India 257 contributions 33352 visits
CCI approves amalgamation of GlaxoSmithKline into Hindustan Unilever Limited* The Commission, by way of order dated 23.01.2019, has approved the amalgamation of GlaxoSmithKline Consumer Healthcare Limited (“GSKCH”) into Hindustan Unilever Limited (“HUL”) and subsequently cleared HUL to enter into (...)

The Romanian Competition Authority fines a company operating in the retail market of IT products, home appliances and marketing via e-commerce platforms for gun jumping (Corsar Online)
Romanian Competition Council (Bucharest)
Romania 64 contributions 13152 visits
The Competition Council sanctioned Corsar Online Srl with fines of 1.6 million lei * The Competition Council sanctioned the company Corsar Online SRL with fines of approximately 1.6 million lei for the implementation of a merger before being authorized by the Competition Authority. In the (...)

The German Competition Authority prohibits a merger in the bearing production sector (Miba / Zollern)
German Competition Authority (Bonn)
Germany 335 contributions 71820 visits
Bundeskartellamt prohibits merger between Miba and Zollern in bearing production sector* The Bundeskartellamt has prohibited the launch of a joint venture between Miba AG, Laakirchen (Austria), and Zollern GmbH & Co. KG, Sigmaringen. The companies had planned to pool their hydrodynamic (...)

The Finnish Competition Authority clears a merger subject to conditions in the market for outsourced internal logistics services (Suomen Transval / Posti)
Finnish Competition and Consumer Authority (Helsinki)
Finlande 61 contributions 8964 visites
The FCCA approves Posti’s acquisition of Transval, subject to conditions* Finnish Competition and Consumer Authority (FCCA) has approved, subject to conditions, the acquisition of Suomen Transval Group Oy by Posti Group Oyj. A condition for the approval of the acquisition was that Posti (...)

The EU Court of Justice upholds the General Court’s ruling that annulled the Commission’s decision prohibiting a merger in the parcel delivery market (UPS / TNT)
Van Bael & Bellis (Brussels)
Belgium 226 contributions 63448 visits
On 19 January 2019, the Court of Justice of the European Union (“ECJ”) upheld on due process grounds the 2017 judgment of the General Court (“GC”) annulling the decision of the European Commission (“Commission”) in the UPS/TNT Express merger (Case C-265/17P, Commission v. United Parcel Service). The (...)

The EU Court of Justice dismisses the Commission’s appeal against the annulment of its decision to prohibit a merger in the parcel delivery market (UPS / TNT)
White & Case (Brussels)
Belgium 47 contributions 46795 visits
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White & Case (Brussels)
Belgique 26 contributions 56071 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. EU Court confirms the need for transparency and full disclosure of economic analyses in EU merger cases (UPS/TNT)* On 16 January 2019, the Court of Justice of (...)

The EU Court of Justice rules that the Commission violates rights of defence when it failed to share the final economic model used in its decision to block a merger (UPS / TNT)
Jones Day (Brussels)
Belgique 11 contributions 6188 visites
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Jones Day (Paris)
France 26 contributions 22105 visites
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Jones Day (Brussels)
Belgium 9 contributions 4028 visits
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In Short The Development: The European Court of Justice ("ECJ") ruled that the European Commission ("Commission") violated UPS’s rights of defense when it failed to provide UPS with the final economic model used in its decision to block UPS’s proposed acquisition of TNT in 2013. The Result: The (...)

The UK Competition and Markets Authority issues Guidance on requests for internal documents in merger investigations
White & Case (London)
United Kingdom 15 contributions 8290 visits
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White & Case (Brussels)
Belgium 18 contributions 18849 visits
Competition authorities around the world typically place considerable weight on parties’ internal documents when assessing the potential effects of a merger. Such documents, many of which can pre-date the companies’ decision to enter into a transaction, are often regarded as conveying the merging (...)

The Turkish Competition Authority releases its Mergers and Acquisitions Overview Report for 2018
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 1 contribution 224 visits
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Boğaziçi University (Istanbul)
Turkey 4 contributions 1826 visits
The TCA published its Mergers and Acquisitions Overview Report 2018 (’Report’) on its website on 9 January 2019. The Report provides information on the Turkish merger control system and makes comparisons between past years and 2018, as well as between Turkish and foreign investments. The Report (...)

The Irish Competition Authority opens an in-depth investigation regarding a merger in the music entertainment market (MCD Productions / LN-Gaiety Holdings)
Irish Competition Authority (Dublin)
Ireland 55 contributions 8532 visits
CCPC to carry out a phase 2 investigation of LN-Gaiety/MCD Productions merger* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation in relation to the proposed acquisition of MCD Productions Unlimited Company by LN-Gaiety Holdings (...)

State Aid

 The EU Commission approves a Polish investment aid to an electric vehicles batteries plant (LG Chem)
DG COMP (Brussels)
Belgium 814 contributions 1781353 visits
State aid: Commission approves €36 million Polish investment aid to LG Chem’s electric vehicles batteries plant* The European Commission has found Poland’s €36 million investment aid to chemical company LG Chem for a new electric vehicle batteries plant in the Dolnoślaskie region to be in line with (...)

The EU Commission publishes its 2018 State aid Scoreboard detailing Member State expenditure on State aid in 2017
Van Bael & Bellis (Brussels)
Belgique 140 contributions 26540 visites
On 24 January 2019, the European Commission published its 2018 State Aid Scoreboard. The Scoreboard provides detailed information on the Member States’ aid expenditures in 2017. It is based on expenditure reports by Member States and covers all existing aid measures to industries, services, (...)

The EU Court of Justice holds that the EU rules does not impose time limitation rules when national courts deal with claim for damages arising from non-notified aid (Fallimento Traghetti del Mediterraneo)
Maastricht University
Belgique 287 contributions 43746 visites
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 EU Court of Justice clarifies the concept of "existing aid" in a private enforcement case and holds that unlawful aid cannot be retroactively legalised by virtue of a limitation period that has lapsed (Fallimento Traghetti del Mediterraneo)
Willkie Farr & Gallagher (Paris)
France 8 contributions 15379 visits
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Willkie Farr & Gallagher (Brussels)
Belgium 1 contribution 731 visits
On January 23, 2019, the European Court of Justice (hereinafter the “Court” or the “ECJ”) handed down a preliminary ruling on the notion of “existing aid”. The Court held, in particular, that the circumstance where a new aid that becomes existing aid by virtue of the 10 years limitation period has (...)

The EU Commission opens an in-depth investigation into the tax treatment of an American multinational company in the Netherlands (Nike)
DG COMP (Brussels)
Belgium 814 contributions 1781353 visits
State aid: Commission opens in-depth investigation into tax treatment of Nike in the Netherlands* The European Commission has opened an in-depth investigation to examine whether tax rulings granted by the Netherlands to Nike may have given the company an unfair advantage over its competitors, (...)

The EU Commission plans to extend for two years the seven sets of State aid rules expiring in 2020 and launches an evaluation of those rules
DG COMP (Brussels)
Belgium 814 contributions 1781353 visits
State aid: Commission to prolong EU State aid rules and launch evaluation* The European Commission plans to prolong for two years seven sets of State aid rules, otherwise expiring in 2020. The Commission has also launched today an evaluation of those rules and of other State aid rules to (...)

Procedures

 The UK Court of Appeal confirms jurisdiction over a standard essential patents dispute (Huawei / ZTE)
Van Bael & Bellis (Brussels)
Belgique 102 contributions 24840 visites
On 30 January 2019, the UK Court of Appeal issued a judgment in the case pitting Conversant Wireless against two telecommunications companies, Huawei and ZTE. In this case, Conversant was seeking injunctive relief and damages against both companies in relation to the alleged breaches of its (...)

The Paris Court of Appeal orders obligations imposed on a retailer by the Competition Authority to be suspended until it has ruled on the retailer’s appeal against the Authority’s infringement decision (Stihl)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 80667 visits
On 23 January 2019, the Paris Court of Appeal ordered the suspension of the obligations imposed by the French Competition Authority on STIHL in its decision of 24 October 2018 (the “Decision”). This order requiring the suspension (the “Order”) is to remain in effect until the Court rules on the (...)

The EU Court of Justice Advocate General Juliane Kokott recommends that the EU Damages Directive not apply to proceedings that begun in a Member State before the transposition of the Directive (Cogeco / Sport TV Portugal)
Gómez-Acebo & Pombo (Brussels)
Belgium 45 contributions 18123 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 50 contributions 23040 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 44 contributions 18028 visits
Following the decision of the Portuguese Competition Authority finding that Sport TV had engaged in an abuse of dominance between 2006 and 2011, in February 2015, Cogeco, a Canadian cable company, brought an action for damages against Sport TV Portugal . Cogeco claimed that the EU Damages (...)

The Polish Constitutional Tribunal declares as unconstitutional the lack of judicial review over decisions of courts authorising inspections during dawn raids
Modzelewska & Pasnik (Warsaw)
Poland 1 contribution 271 visits
On 16 January 2019, the Constitutional Tribunal (Trybunał Konstytucyjny, “Tribunal”) delivered landmark judgment declaring unconstitutional the laws that prevent an inspected undertaking from appealing against court decision authorizing an inspection (case no. P 19/17). This judgment will (...)

The French Competition Authority welcomes the publication of the ECN + directive to empower the competition authorities of the Member States to be more effective enforcers
French Competition Authority (Paris)
France 631 contributions 262275 visits
Publication of the ECN + directive: a new step for the European competition policy* The Autorité welcomes the publication of the ECN + directive to empower the competition authorities of the Member States to be more effective enforcers. Background Directive n° (UE) 2019/1 to empower the (...)

Regulatory

 The Nigerian Federal Competition and Consumer Protection Act repeals the Consumer Protection Council Act in place of the Consumer Protection Council
University of Reading
United Kingdom 1 contribution 144 visits
The Nigerian Federal Competition and Consumer Protection Act (FCCPA), enacted on January 30, 2019 heralded a new dawn in the Nigerian legal sphere. The FCCPA, modelled after the South African Competition Act, established two institutions for the purposes of enforcing its provisions. These are (...)

The French Competition Authority issues an opinion in favour of extending ex-ante regulation of the upstream wholesale digital terrestrial television broadcasting services market by three years
French Competition Authority (Paris)
France 631 contributions 262275 visits
DTT Broadcasting* The Autorité de la concurrence is in favour of extending ex-ante regulation of the upstream wholesale DTT broadcasting services market by three years. Background Following a referral by the French Telecommunications Regulator (ARCEP), the Autorité de la concurrence today (...)

The Belgian Competition Authority imposes interim measures in a public procurement procedure in the broadcasting transmission market (Norkring / Broadcast Partners)
Bird & Bird (Brussels)
Belgium 40 contributions 7885 visits
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Bird & Bird (Brussels)
Belgium 28 contributions 1854 visits
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Bird & Bird (Brussels)
Belgium 12 contributions 1125 visits
This decision of 22 January 2019 is the next step in an eventful public procurement procedure and it confirms the preference of the Belgian Competition Authority ("BCA") to tackle cases via interim measures. Norkring has a service agreement to transmit the FM broadcasts of VRT that runs until (...)

The EU Commission hosts conference to address the challenges of digitization for competition policy
Callol, Coca & Asociados (Madrid)
Spain 127 contributions 36468 visits
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Callol, Coca & Asociados (Madrid)
Spain 23 contributions 1884 visits
“Shaping Competition Policy in the era of digitization”: The European Commission hosts a conference with academic and business leaders to address the challenges of digitization for competition policy. On 17 January 2019, the European Commission hosted an experts conference to address the (...)

The Spanish Competition Authority publishes its report on regional and local regulations imposed on private-hire driver licenses that ride-hailing apps
Bird & Bird (Madrid)
Spain 26 contributions 2403 visits
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Ecija & Asociados (Madrid)
Spain 19 contributions 1147 visits
Under its advocacy role, the Spanish Competition Authority (the "CNMC") published on 17 January 2019 a report on recent regional and local regulations imposed on private-hire driver licences (known as "VTCs") that ride hailing apps - such as Uber - for operating in Spain. As in other (...)

The French Competition Authority announces its priorities for 2019
French Competition Authority (Paris)
France 631 contributions 262275 visits
The Autorité de la concurrence announces its priorities for 2019* The Autorité has defined several priority actions for 2019. Further, it has committed to an extensive strategic review exercise of its legal framework and methods of operation. SECTORS AND LINES OF ACTION Digital sector The (...)

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