July 2010

General antitrust

Anticompetitive practices

 The Spanish Competition Authority fines a cartel in the sector of freight forwarding activities (Transitarios)
Hogan Lovells (Madrid)
Spain 47 contributions 92005 visits
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Linklaters (Madrid)
Spain 7 contributions 4359 visits
On 31 July 2010, the Council of the Spanish Competition Commission (Consejo de la Comisión Nacional de la Competencia, hereinafter "the Council", "the NCC") imposed a fine of €14 M on eight road freight forwarding companies for coordinating their pricing and commercial strategies. The file was (...)

The Slovenian Competition Authority accepts a technology company’s commitments concerning warranty claims (Samsung Austria)
Qualcomm (Washington)
United States 6 contributions 1805 visits
In August 2010, the Slovenian Competition Authority (hereinafter: Competition authority) accepted the commitments offered by Samsung Electronics Austria GmbH (hereinafter: Samsung Austria) concerning the exercise of right arising from warranty claims. The Competition authority found that (...)

The English High Court refuses to make a reference to the CJEU concerning the circumstances in which an court can make a declaration of non-liability for breach of Art. 101 TFEU where a company is the subject of an ongoing European Commission investigation (Conex Banninger / European Commission)
European Commission - Legal Service (Brussels)
Belgium 15 contributions 41238 visits
The English High Court (Floyd J) refuses to make a reference to the Court of Justice of the European Union (‘ECJ’) concerning the circumstances in which an English court can make a declaration of non-liability for breach of Article 101 TFEU where a company is the subject of an ongoing European (...)

The UK Competition Authority adopts a provisional decision on retail payment protection insurance remedies (PPI market investigation)
EFTA Surveillance Authority (Brussels)
Belgium 1 contribution 797 visits
Background On 29 July 2010, the Competition Commission published its provisional decision regarding its investigation into the payment protection insurance (“PPI”) market and invited comments to be submitted before 3 September 2010. The provisional decision was the latest step in a process (...)

The Spanish Competition Authority fines sherry cartel (Bodegas González Byass, Bodegas José Estévez, Bodegas Williams & Humbert, Bodegas Emilio Lustau, Bodegas Barbadillo, Caydsa, Bodegas J Ferris and Bodegas Pedro Romero)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90674 visits
According to a press release of 29 July 2010, the Spanish Competition Authority has imposed fines totalling approximately € 6.7 million on eight sherry producers (Bodegas González Byass, Bodegas José Estévez, Bodegas Williams & Humbert, Bodegas Emilio Lustau, Bodegas Barbadillo, Caydsa, Bodegas (...)

The Spanish NCA targets the sherry industry for the second time in one year and imposes an aggregate fine of € 6,723,000 M on nine sherry wine makers and two industry associations for participating in a cartel between 2001 and 2008 (Vinos Finos de Jerez)
Etex (Zaventem)
Belgium 8 contributions 15548 visits
The Spanish National Competition Commission (“CNC”) imposed a € 6,723,000 aggregated fine on nine Sherry (Jerez) wine makers, the industry association FEDEJEREZ and the Regulatory Association of Sherry wine producers (“Consejo Regulador”) for their participation in a cartel between 2001 and 2008 (...)

The Italian Competition Authority accepts commitments submitted by the leading auction company following an investigation into unfair practices (Sotheby’s)
Codacons (Rome)
Italy 12 contributions 16138 visits
The Italian branch of Sotheby’s, Sotheby’s S.r.l. (hereninafter SHT), sells and buys antiques, arts and collection items during public auctions. The Italian Antitrust Authority (hereinafter ICA), started investigation in March 2010, because was reported that SHT provided incomplete and deceiving (...)

The Spanish National Competition Authority imposes fines to eight wine cellars for their participation in a cartel concerning sherry wine and also condemns the Regulating Council of the name of origin of sherry wine for its role as a facilitator (Vinos Finos de Jerez)
University College London
Royaume-Uni 3 contributions 3414 visites
Introduction The Spanish National Competition Authority imposed a 10% turnover fine on Sherry wine producers for establishing coordinated conducts that restricted the wine offer as well as for price fixing. At a first stage, only the Regulating Council of the Name of Origin of Sherry Wine was (...)

The Czech Competition Authority fines participants of a nation wide bid-rigging cartel for the first time (Hokra Spedition, Inzet, Prominecon Group, Cbk Shift, Natural Mystic)
Kinstellar (Prague)
République tchèque 9 contributions 6843 visites
The Czech Competition Authority (the “Authority”) has fined participants of a nation-wide bid-rigging cartel for the first time. The infringement involved the participation of five companies for their coordination of tender offers in public procurement proceedings concerning the operation of (...)

The Russian Supreme Commercial Court upholds lower courts’ rulings dismissing concerns over price coordination by 11 hotels during the 12th St. Petersburg International Economic Forum in 2008 (Russian Hotels)
RBB Economics (Brussels)
Belgique 7 contributions 7984 visites
Background In 2008 the St. Petersburg branch of the Federal Antimonopoly Service (FAS) of the Russian Federation decided that 11 hotels infringed Part 1 of Article 11 of the Competition Act. The FAS found that the hotels coordinated a substantial price increase during the 12th St. Petersburg (...)

The European Commission fines animal feed phosphates producers for price-fixing and market-sharing in its first "hybrid" cartel settlement case (Yara Phosphates, Tessenderlo Chemie)
Winston & Strawn (London)
United Kingdom 6 contributions 3966 visits
The European Commission (Commission) has today announced its first settlement of a cartel case in a so-called "hybrid" scenario, in which all but one company settled the case with the Commission in return for a 10 percent reduction in each of their fines (IP/10/985). The Commission has fined (...)

The US DoJ obtains a disgorgement remedy in a civil antitrust settlement with an electricity supplier in a market manipulation case (KeySpan)
Jones Day (Houston)
United States 33 contributions 15418 visits
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United States 23 contributions 11217 visits
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Axinn Veltrop & Harkrider
United States 3 contributions 2154 visits
Reaching the end of a three-year investigation, today the Department of Justice Antitrust Division asked a New York federal court to approve the DOJ’s settlement of claims that KeySpan violated the antitrust laws by manipulating the NYC wholesale electricity market. The DOJ claimed KeySpan (...)

The Greek Competition Authority imposes fine of € 12.5 M for resale price maintenance in the supermarket sector (Carrefour)
Van Bael & Bellis (Brussels)
France 163 contributions 55200 visits
According to a press release of 15 July 2010, the Greek Competition Authority has imposed a fine of € 12.5 million on Carrefour Marinopoulos (“Carrefour”) for engaging, inter alia, in resale price maintenance with its supermarket franchisees in breach of Greek and EU competition law. In (...)

The Austrian Supreme Court determines that two companies cannot jointly sue cartelists for distinct infringements notwithstanding the fact they arise from the same cartel
Schoenherr (Vienna)
Australia 14 contributions 317 visits
Brief summary of facts A price-fixing cartel was agreed in Austria for the markets of new elevator-systems and maintenance during the years of 1992 and 2005. Due to these price-fixing agreements, damages occurred whenever an elevator-system was sold or maintenance work was carried out. The (...)

The Italian Competition Authority starts investigation against main marketing consulters associations under Art. 2 and 14 of Law 287/1990 (ACPI)
Codacons (Rome)
Italy 12 contributions 16138 visits
ACPI and TP (Associations of Italian Marketing Consulters) are formed by natural persons, who have worked up to five years in the field of marketing consultation and communication industry and have covered directorial roles, enrolled to the Italian Commerce Chamber. In July 2009, the Italian (...)

The US Court of Appeals for the Third Circuit vacates a class action settlement in diamond industry favoring the status of direct purchasers for antitrust laws enforcement in US courts (Sullivan / DB Investments)
Gibson Dunn (New York)
United States 18 contributions 10588 visits
In U.S., It’s Getting Harder to Bring Consumer Antitrust Class Actions* One of the inevitable facts of life in the U.S. after a government antitrust investigation becomes public – especially if it is a cartel investigation with an amnesty applicant or guilty pleas – is customer class actions. (...)

The Hungarian Constitutional Court rules about the secondary liability of the members of an organization of undertakings, public bodies, associations and other similar organizations
Lakatos, Köves (Budapest)
Hongrie 35 contributions 47032 visites
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Johnson & Johnson
United States 11 contributions 6846 visits
Background After the decision in the “Egg cartel” case, the Hungarian Constitutional Court was requested to rule about the compliance of Section 78 (6) and (7) of the Hungarian Competition Act (“HCA”) with the Hungarian Constitution. According to Section 78 (6) and (7) HCA, if the social (...)

The California Supreme Court rejects pass-on defense under Cartwright Act in price fixing case in the pharmaceutical industry (Clayworth, Pfizer)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38665 visits
California Supreme Court Rejects Pass-On Defense in Price Fixing Case* By Jeffrey May, Wolters Kluwer Law & Business In a case of first impression, the California Supreme Court recently decided that alleged victims of a price fixing scheme can pursue treble damages claims under the (...)

The California Supreme Court rejects "pass-on" defense for antitrust damages under the State antitrust law (Clayworth / Pfizer)
Jones Day (Los Angeles)
United States 5 contributions 3483 visits
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Jones Day (Los Angeles)
United States 5 contributions 3399 visits
In its July 12, 2010, decision in Clayworth v. Pfizer, Inc., the California Supreme Court rejected the « pass-on » defense for claims brought under California’s antitrust law, the Cartwright Act. Defendants have used the pass-on defense to argue that direct purchasers of goods sold by allegedly (...)

The English High Court upholds post-term non-compete obligation in franchise agreement (Pirtek / Joinplace)
Van Bael & Bellis (Brussels)
France 163 contributions 55200 visits
On 7 July 2010, the English High Court upheld a claim brought by a franchisor against a former franchisee based on a post-term non-compete obligation, finding that the obligation did not infringe the equivalent provision to Article 101 TFEU under English law. The case arose from a franchise (...)

The German Competition Authority accepts commitments from energy suppliers to renounce resale prohibitions (RWE / EWE / RheinEnergie / Wingas / N-Ergie / Stadtwerke Hannover / Erdgas Muenster / Stadtwerke Leipzig / SWM / Entega / Stadtwerke Kiel / Koethen Energie)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216803 visits
Germany: Energy Suppliers agree to abandon Resale Prohibitions* The Bundeskartellamt has concluded on 7 July 2010 most of its proceedings against gas and electricity suppliers on account of their imposing inadmissible resale bans. Twelve of the major energy suppliers in Germany (RWE, EWE, (...)

The Hellenic Competition Commission fines a retailer for resale price maintenance and other infringements within its franchise network (Carrefour Marinopoulos)
Ernst & Young (Athens)
Greece 6 contributions 2588 visits
On 6th April 2010, the Hellenic Competition Commission (“Epitropi Antagonismou”, hereinafter: “HCC”) issued a decision on the merits by which it imposed a fine on the retailer Carrefour Marinopoulos S.A. (hereinafter: “Carrefour”) for infringements detected within its franchise network, namely resale (...)

The Hellenic Competition Authority fines a supermarket chain for restrictive practices in its franchise network (Carrefour Marinopoulos)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216803 visits
Greece: Carrefour fined for Restrictive Practices in Greek Franchise Network On 6 July 2010, the Hellenic Competition Commission (HCC) has levied a fine of € 12,500,000 on Carrefour’s Greek business (Carrefour Marinopoulos S.A.) for applying resale-price maintenance among its franchise network (...)

The EU Court of Justice confirms €85.8 million fine for participation in a cartel on the plasterboard market (Knauf)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90674 visits
In a judgment handed down on 1 July 2010, the European Court of Justice (“ECJ”) confirmed the € 85.8 million fine imposed on Knauf Gips KG (“Knauf”) by the Commission for its participation in a cartel on the plasterboard market. In 2002, the Commission imposed fines totalling € 478 million on BPB, (...)

The US DOJ seeks a new disgorgement remedy in a civil antitrust case (KeySpan)
Jones Day (Houston)
United States 33 contributions 15418 visits
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United States 23 contributions 11217 visits
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Axinn Veltrop & Harkrider
United States 3 contributions 2154 visits
Until last week, the U.S. Department of Justice had not sought to obtain disgorgement as a remedy in a civil Sherman Act case. In the antitrust lawsuit and settlement filed on February 22 in U.S. v. KeySpan, the Antitrust Division asks that the court approve a settlement requiring the defendant (...)

Unilateral Practices

 The Spanish Competition Authority grants full immunity from fines to the first cartel member who provided information and a reduction of 40% to another who provided significant evidence that helped to establish the infringement (Transitarios)
World Courier (London)
4 contributions 1591 visits
One of the major changes introduced by the new Spanish Competition Act (Law 15/2007, 3rd July, on Defense of Competition) which entered into force on September 1st 2007, was the introduction of a leniency program. The leniency program entered into force on 28th February 2008 after the adoption (...)

The Czech Supreme Administrative Court maintains a strict view on ’loyalty’ discounts when it cancels for the second time Regional Court of Brno’s judgment (Telefonica O2 Czech Republic / Price Plans)
Skils (Prague)
République tchèque 34 contributions 25853 visites
On 30 July 2010, Supreme Administrative Court cancelled the judgment of Regional Court in Brno in case concerning alleged abuse of dominant position by Telefonica O2 Czech Republic (“TO2”) in connection with its so-called “price plans”, i.e. special price programs for its business customers. The (...)

The Belgium Competition Authority dismisses a complaint against the incumbent telecoms operator regarding the access to its broadband network (Mobistar / Belgacom)
Lexing (Liège)
Belgique 20 contributions 15930 visites
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Pire Asset Management (Charleroi)
3 contributions 2428 visits
I. The parties Belgacom S.A. is the incumbent operator on the Belgian telecom market. It controls the landline, physical telecommunication network infrastructures and provides internet and telephony services. Mobistar S.A. is a member of the Orange Group, subsidiary of France Telecom. It (...)

The Hellenic Competition Commission rejects a complaint against the municipality of Athens for abuse of dominance on the basis that it did not act as an "undertaking" (Georgios Koutros / General Association of Greek Consumers)
Ernst & Young (Athens)
Greece 6 contributions 2588 visits
On July 21, 2010 the Hellenic Competition Commission ("Epitropi Antagonismou", hereinafter "HCC") issued a decision on the merits by which it rejected a complaint brought against the Municipality of Athens for alleged abuse of its dominant position in conferring the use of communal areas to (...)

The French Competition Authority launches a market test following leading internet corporation commitments (Google)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64982 visits
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Practising Law Institute (New York)
United States 93 contributions 31132 visits
On 21 July 2010, the French Competition Authority published commitments offered by Google in an effort to resolve competition concerns identified by the Competition Authority in a decision of 30 June 2010. The 30 June decision granted interim measures to Navx, a company which sells online (...)

The Latvian Competition Authority finds distortion of competition on the municipal market for a land survey (Rīgas ĢeoMetrs)
Latvian Competition Council (Riga)
Latvia 116 contributions 22686 visits
The CC Finds Distortion of Land Survey Market in Riga* The Competition Council of Latvia (CC) has summarized its conclusions about the land survey sector inquiry. Although no violations of the Competition Law were detected and the competition was found to be strong, the CC concluded that (...)

The Bulgarian Competition Authority issues an opinion on the regulation of supermarket chains/suppliers relations
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216803 visits
Bulgaria: The Commission on Protection of Competition (CPC) analyses the Pros and Cons of a Law in view of regulating Supermarket Chains/Suppliers Relations On 13 July 2010, the CPC adopted an opinion on the necessity to introduce a regulation intended to guarantee fair competition and to (...)

The EU Commission recognises that due to their dynamics internet markets such as online search engines are characterized by innovative business models that are constantly evolving and therefore market dominance on the internet might be difficult to establish (Google)
Sheppard Mullin (Del Mar)
United States 3 contributions 431 visits
EC Investigates Google for Potential Abuse of Dominance in Online Search Market* In July 2010, Vice President of the European Commission (EC) responsible for competition policy, Mr. Joaquin Almunia, referred to the essential role that competition policy has in ensuring “market access and (...)

The EU General Court upholds “novel” approach to abuse of dominance in pivotal pharma appeal (AstraZeneca)
Cooley (Brussels)
Belgique 18 contributions 6948 visites
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Linklaters (Brussels)
Belgique 7 contributions 3646 visites
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Linklaters (Brussels)
Belgique 6 contributions 2825 visites
On July 1, 2010, the General Court ruled in an appeal against the European Commission’s first ever finding of abuse of a dominant position by a pharma company. The Court has broadly upheld a Decision the Commission itself characterised as “novel”, but reduced the €60 million fine on AstraZeneca to (...)

The Bulgarian Competition Authority fines the National Health Insurance Fund for imposing maximum retail margins for medicines sold under the national health insurance scheme (National Health Insurance Fund)
University of Macau - Faculty of Law
China 284 contributions 224151 visits
On 7 July 2010 the Bulgarian Competition Authority (CPC) established that the National Health Insurance Fund (NZOK) has abused its dominant position on the market for medicines reimbursed under the national health insurance scheme by imposing the maximum retail margins to be applied by the (...)

The EU General Court confirms abuse of dominance by preventing the market entry or the parallel imports of generic medicinal products (AstraZeneca)
Ashurst (Milan)
France 102 contributions 28825 visits
ECJ upholds European Commission decision against AstraZeneca* On 1 July 2010, the European Union’s General Court (or “GC”, formerly the Court of First Instance) handed down its judgment against the AstraZeneca Group (“AZ”) for having abused its dominant position by preventing the market entry or (...)

The EU General Court fines a company for abuse of a dominant position in the pharmaceutical sector addressing the issues of market definition and dominance analysis (AstraZeneca)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 17 contributions 19426 visites
The General Court’s Judgment In AstraZeneca, Lessons For Market Definition And Dominance Analysis* On July 1, 2010, the European General Court rendered its judgment in the AstraZeneca case, dismissing for the most part AstraZeneca’s appeal against the Commission’s infringement decision of June (...)

Mergers

 The US District Court for the District of Columbia imposes divestiture and behavioral remedies before approving a merger to maintain competition in the market for primary ticketing services (Ticketmaster / Live Nation)
Robins Kaplan (Minneapolis)
United States 2 contributions 804 visits
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require (...)

The US District Court for the District of Columbia demands divestiture and licensing to create two new competitors and imposes conduct remedies to limit the benefits of vertical integration in a merger in the primary ticketing services market (Ticketmaster / Live Nation)
Kelley Drye & Warren (Washington)
United States 1 contribution 406 visits
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1 contribution 406 visits
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1 contribution 406 visits
The Department of Justice Antitrust Division (“DoJ”), along with 17 state attorneys general, reached an agreement with the parties last week that allows the merger of Ticketmaster Entertainment, Inc. (“Ticketmaster”) and Live Nation, Inc. (“Live Nation”) to proceed. The parties agreed to a (...)

The US District Court for the District of Columbia seeks to divest part of a business and requires a licensing of software to mitigate the anticompetitive effects of a merger in the ticketing services industry (Ticketmaster / Live Nation)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 9 contributions 2359 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 7 contributions 1868 visits
After a decade of what was perceived by many as relatively restrained merger enforcement, the Obama administration has repeatedly and vocally vowed to “reinvigorate antitrust enforcement” and to “take effective action to stop or restructure mergers that are likely to harm consumer[s]”. Many (...)

The US District Court for the District of Columbia conditionally approves a vertical merger upon the implementation of structural and behavioral remedies in the market for primary ticketing services (Ticketmaster / Live Nation)
Crowell & Moring (Washington)
United States 4 contributions 1585 visits
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McDermott Will & Emery (Washington)
United States 5 contributions 1739 visits
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United Airlines (Chicago)
United States 3 contributions 1301 visits
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The UK OFT decides not to refer a proposed acquisition in the door lock manufacturing market to the Competition Commission (Assa Abloy / Paddock)
Herbert Smith Freehills (Brussels)
Belgium 108 contributions 68742 visits
Introduction and background Assa Abloy AB (AA) is an international manufacturer and supplier of locks and associated products, sold under a number of brands in the UK, with Yale being its most well-known. Paddock Holdings Limited (Paddock) is a UK-based manufacturer and supplier of multi-point (...)

The EU Commission modifies commitments attached to a merger in the digital satellite TV sector in light of changed market conditions (Newscorp / Telepiu)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70739 visits
On 20 July 2010, the European Commission relieved Italian digital satellite TV company Sky Italia from one of the commitments given in the context of the 2003 Newscorp/Telepiuacquisition. This allows Sky Italia now to bid in the upcoming tender for the allocation of digital terrestrial TV (...)

The EU Commission partially approves the proposed acquisition of a chemical company and refers part of the assessment to the French authorities (CVC / Univar / Eurochem)
JG Associates (Brussels)
193 contributions 62752 visits
"Mergers: main developments between 1 May and 31 August 2010"* On 16 July the Commission approved part of the proposed acquisition of the chemical company Eurochem by Univar. The Commission found that Univar‘s acquisition of the Belgian and Dutch activities of Eurochem would not significantly (...)

The EU Commission clears two mergers in the air and sea transport sector addressing the issue of pre-existing cooperation agreements (Iberia / British Airways - DFDS / Norfolk)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30373 visits
The power of pre-existing agreements* In two recent decisions, the Commission considered the impact of cooperation agreements that the notifying parties had entered into before the notified transaction and came to two different conclusions. In Iberia/British Airways (decision of 14 July (...)

The Turkish Competition Authority grants a conditional authorization to an acquisition in the alcoholic beverages market (Burgaz / Mey)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75575 visits
The Competition Board (“Board”) authorized the acquisition of Burgaz Alcoholic Beverages Commercial and Economic Union (“Burgaz”) which the Saving Deposit Insurance Fund offered for sale by Mey Içki Sanayi ve Ticaret A.Ş. (“Mey”) under certain conditions. The summarized decision (“Decision”) was (...)

The UK OFT refers an acquisition in the media images sector leading the parties to abandon the merger (Getty Images / Rex Features)
Herbert Smith Freehills (Brussels)
Belgium 108 contributions 68742 visits
Introduction and background This was a transaction involving two companies (Rex Features Limited - “Rex” - and Getty Images, Inc - “Getty”) with overlapping activities in the licensing of stock and editorial images to media companies (in particular celebrity and entertainment images). The two (...)

The Chinese MOFCOM publishes provisional rules on divestitures remedies
AnJie Broad Law (Beijing)
China 39 contributions 12074 visits
Divestiture Regulation: A Giant Leap in Chinese Concentration Review Regime* On July 8th, MOFCOM (Ministry of Commerce of People’s Republic of China) released The Provisional Rules on Implementing Divestiture of Assets or Businesses(“Provisional Rules”). This legislative move can be seen as (...)

The Bulgarian Supreme Administrative Court approves the Competition Authority’s clarification of the concept of concentration but quashes the fine for non-notification (Allianz Leasing Bulgaria)
Paris Dauphine University
France 8 contributions 23432 visites
I. Introduction 1. An ex officio investigation of Allianz Bulgaria Holding’s non-notified acquisition of Allianz Leasing Bulgaria (formerly Balkan Star Services), a vehicle leasing company, gave both the Competition Protection Commission (hereinafter ‘CPC’) and the Supreme Administrative Court (...)

The EU General Court upholds the Commission’s decision to prohibit a merger between two airlines companies (Ryanair / Aer Lingus)
European Commission
Belgium 9 contributions 8737 visits
Yes, we can (prohibit) – The Ryanair/Aer Lingus merger before the Court* I. Introduction In two judgments handed down on 6 July 2010, the General Court upheld the Commission’s June 2007 decision to prohibit the planned merger between Ryanair and Aer Lingus (Case T-342/07) and dismissed Aer (...)

The EU General Court refuses to order interim measures in a case involving the air transportation sector and addresses issues on the implementation of a concentration and the powers of the Commission under the EU Merger Regulation 139/2004 (Ryanair / Aer Lingus)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30373 visits
The Aer Lingus Judgment – When non-implementation is implementation, or not* On 6 July 2010, the General Court rejected Ryanair’s appeal against the Commission’s 2007 prohibition of its hostile take-over of rival Irish airline Aer Lingus. On the same day, the Court also issued a much shorter (...)

The Slovak Competition Authority releases Guidelines on pre-notification contacts in merger cases
Braun (Bratislava)
Slovaquie 7 contributions 9260 visites
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Mazars
1 contribution 665 visits
On 1 July 2010, the Antimonopoly Office of the Slovak Republic (“Office”) released Guidelines on pre-notification contact within the process of concentrations review (“Guidelines”). The Guidelines lay down general rules regarding the information to be provided within the context of pre-notification (...)

The US DoJ requires rescission of a merger-to-monopoly and puts conduct remedies in place to ensure competition in the market for local newspapers in a city in West Virginia (Daily Gazette / MediaNews)
Akin Gump Strauss Hauer & Feld (Dallas)
États-Unis 18 contributions 4988 visites
The DOJ entered into a consent decree with two local West Virginia newspaper owners, requiring them to rescind a merger three years after its consummation. The Daily Gazette Company and MediaNews Group, Inc. had entered into a two-to-one merger, creating a monopoly from the only two local (...)

State Aid

 The EU Commission authorizes € 17 M of regional investment aid for a German company concerning the production of solar modules (Solibro)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34255 visits
"State aid: main developments between 1 May and 31 August 2010"* On 20 July 2010, the Commission has authorised €17 million of regional investment aid for the German company Solibro GmbH for the production of solar modules in Bitterfeld-Wolfen (Sachsen-Anhalt), Germany. The project involves an (...)

The EU Commission approves € 8.5 M of regional investment aid to a Spanish company for the production of solar wafers (Silicio Solar SAU)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34255 visits
"State aid: main developments between 1 May and 31 August 2010"* On 20 July 2010, the Commission has also authorised €8.5 million of regional investment aid to the Spanish company Silicio Solar SAU for the production of solar wafers in Puertollano, Ciudad Real (Castilla-La–Mancha). The project (...)

The EU Commission adopts a proposal for a Council regulation allowing Member States to continue granting operating aid to coal mines, but only in the context of a definitive closure plan
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34255 visits
"State aid: main developments between 1 May and 31 August 2010"* Council Regulation (EC) N° 1407/2002 of 23 July 2002 on State aid to the coal industry expires on 31 December 2010. The Commission has adopted a proposal for a new Council Regulation which would allow Member States to continue (...)

The EU Commission approves existing State aid scheme granted by Sweden in favor of the press
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34255 visits
"State aid: main developments between 1 May and 31 August 2010"* The Swedish press aid scheme has been in place since 1971, before Sweden’s accession to the European Union. It is therefore considered as existing aid and its assessment is subject to a specific cooperation procedure between (...)

The EU Commission approves the annual funding mechanism for French public service broadcaster (France Télévisions)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34255 visits
"State aid: main developments between 1 May and 31 August 2010"* On 20 July 2010 the Commission approved the annual funding mechanism for France Télévisions. The French public service broadcasting reform involves the gradual elimination of advertising on public channels and the introduction of (...)

The EU Commission approves new tax-based funding system for the Spanish public broadcaster (RTVE)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34255 visits
"State aid: main developments between 1 May and 31 August 2010"* The 20 July 2010, the Commission approved the new tax-based funding system for the Spanish public broadcaster RTVE, on which it had opened a formal investigation in December 2009. Spain abolished advertising and other commercial (...)

The EU Commission rules that a guarantee granted by Portugal to six banks to lend €450 M to national Portuguese bank constitutes illegal and incompatible State aid (Bank of Portugal)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34255 visits
"State aid: main developments between 1 May and 31 August 2010"* On 20 July 2010 the Commission concluded that a guarantee granted by the Portuguese State to six banks in Portugal to lend €450 million to BPP at the height of the financial crisis, in December 2008, constituted illegal and (...)

The EU Commission authorizes € 28.7 M of regional investment aid that Germany intends to grant in favor of a company for the extension of its production facility for ship and offshore cranes (Liebherr-MCCtec Rostock)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34255 visits
"State aid: main developments between 1 May and 31 August 2010"* On 6 July 2010 the Commission authorised €28.7 million of regional investment aid that Germany intends to grant in favour of Liebherr-MCCtec Rostock GmbH for the extension of its production facility for ship and offshore cranes in (...)

The EU Commission approves a project notified by the UK concerning the establishment of an occupational pension scheme (National Employment Savings Trust)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34255 visits
"State aid: main developments between 1 May and 31 August 2010"* On 6 July 2010 the Commission approved the establishment of an occupational pension scheme, called NEST (National Employment Savings Trust), which will manage an occupational pension scheme. The scheme was notified to the (...)

Procedures

 The Croatian Competition Authority releases its market survey concerning distribution of foods, drinks and hygienic products for households in 2009
University of Macau - Faculty of Law
China 284 contributions 224151 visits
On 30 July 2010 the Croatian Competition Authority (AZTN) released the results of the sector inquiry on the market for distribution (wholesale and retail segments) of foods, drinks and hygienic products for households in 2009. In its report the AZTN focused primarily on the analysis of the (...)

The European Commission rejects legal privilege protection for correspondence between outside counsel of opposing companies (Servier, Teva)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46081 visits
The European Commission has recently published the non-confidential version of a decision adopted on 23 July 2010 regarding a claim by a pharmaceutical company, Les Laboratoires Servier, and its parent company Servier SAS (“Servier”), that a document seized during an unannounced inspection in (...)

The UK Court of Appeal dismisses appeal against High Court ruling in cartel damages claim in the market for tyre manufacturing (Cooper Tire and Rubber / Dow Deutschland)
Osborne Clarke (London)
United Kingdom 24 contributions 550 visits
Brief summary of facts The case followed on from the decision by the Commission of the European Communities dated 29 November 2006 in Case COMP/F/38.638 – Butadiene Rubber and Emulsion Styrene Butadiene Rubber. The Commission Decision found 13 companies guilty of an infringement of art 81 of (...)

The UK Court of Appeal dismisses appeal against High Court ruling in cartel damages claim (Cooper Tire and Rubber / Dow Deutschland)
Shoosmiths (London)
United Kingdom 9 contributions 16002 visits
1. Summary 1.1. On 23 July 2010, the Court of Appeal dismissed an appeal against a judgement by the High Court where it declined to suspend proceedings based on a European Commission (the "Commission") cartel decision, where related proceedings based on the same decision were already taking (...)

The EU General Court annuls Commission decision refusing third party access to a merger case file (Agrofert Holding v Commission)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70739 visits
On 7 July 2010, the General Court issued a judgment on an appeal by Agrofert Holding against a decision by the European Commission refusing to disclose documents in its PKN Orlen/Unipetrolmerger case file. On 20 April 2005, the Commission approved the acquisition of Unipetrol, a Czech oil (...)

The Bulgarian Supreme Administrative Court endorses a broad scope of requests for information in competition law investigations (HIT Hypermarket)
Dessislava Fessenko (unknown)
United Kingdom 32 contributions 85870 visits
The Bulgarian Supreme Administrative Court (the "SAC") expanded the scope of requests for information in competition law investigations by ruling that the national competition authority - the Commission for the Protection of Competition (the "CPC") - might seek to obtain any information that it (...)

The Romanian Competition Authority brings national competition Law in line with EU Union competition rules (Emergency Government Ordinance 75/2010)
Musat & Asociatii (Bucharest)
Romania 8 contributions 14610 visits
On July 06, 2010 Emergency Government Ordinance 75/2010 (“EGO 75”), amending the provisions of the Competition Law 21/1996 (the “Competition Law”), has been published in the Official Gazette. EGO 75 will enter into force on 05 August 2010. EGO 75 is the result of a relatively long process during (...)

The Romanian Government substantially amends its competition law (Emergency Ordinance 75/2010)
European Investment Fund (Luxembourg)
Luxembourg 2 contributions 1504 visits
In line with the increased activity of the Romanian Competition Council (hereinafter, the “RCC”), translated into more sector inquiries, a new leniency policy (together with a “leniency task force”) and the opening of several investigations, the Romanian Competition Law 21/1996 (hereinafter, the (...)

The Romanian Government enacts an ordinance radically overhauling competition legislation (Emergency Government Ordinance 75/2010)
Mircea & Partners (Bucharest)
Romania 11 contributions 5150 visits
The context 7 years since the Romanian Competition Law (Law 21/1996, hereinafter referred to as “RCL”) has been amended and 3 years after Romania joined the European Union, new competition regulation came into force, as a result of the enactment of the Emergency Government Ordinance 75/2010 (...)

The Rotterdam District Court applies a statute of limitations to fine a tree-growers’ cartel (Darthuizer Boomkwekerijen / Boomkwekerijen M. van den Oever & Zonen)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90674 visits
On 1 July 2010, the Rotterdam District Court handed down a judgment in an appeal brought against a decision of the Dutch Competition Authority (“NMa”) imposing fines on a number of undertakings found to have been involved in a cartel in the tree-growing sector in the Netherlands. In a judgment (...)

Regulatory

 The Portuguese Competition Authority issues guidance on the forthcoming liberalization of the postal sector (Liberalização do Sector Postal)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 1 contribution 883 visits
The Portuguese Competition Authority (Authority) issued on 16 July 2010 a guidance document on the state of competition in the postal sector (Report), in anticipation of the forthcoming full liberalization of the sector resulting from the implementation of the EU’s Third Postal Directive , due (...)

The Chinese Price Regulator imposes higher fines against pricing and other competition law violations as new rules proposed
Jones Day (Shanghai)
China 51 contributions 23341 visits
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 12005 visits
,
Jones Day (Beijing)
China 44 contributions 20285 visits
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Recent actions by the Chinese price regulator, the National Development and Reform Commission (« NDRC »), indicate an increasing emphasis on enforcement against pricing and other competition law violations. Companies in agriculture industries and other business sectors that could implicate (...)

The Irish Competition Authority makes recommendations to improve competition amongst family doctors (Competition in Professional Services - General Medical Practitioners)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216803 visits
Ireland: Competition Authority makes Recommendations to improve Competition amongst Family Doctors On 9 July 2010, the Irish Competition Authority published the final part of a three-part report into the delivery of primary medical care services in Ireland. It shows that the way in which the (...)

The UK Competition Authority publishes a working paper on mixed public/private markets and reforming public services
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216803 visits
United Kingdom: Mixed Public/Private Markets and Reforming Public Services On 7 July 2010, the Office of Fair Trading (OFT) published a working paper on how to ensure competitive neutrality in markets where state and private firms compete. The paper stressed the need for a level playing field, (...)

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