July 2015

General antitrust

 The Hong Kong Competition Authority publishes its final guidelines on how it proposes to interpret and enforce the Competition Ordinance
DLA Piper (Hong Kong)
Hong Kong 1 contribution 215 visits
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Zuora
1 contribution 215 visits
Following the announcement that the Competition Ordinance (Cap 619) (Ordinance) will come into effect on 14 December 2015, the Competition Commission (Commission) and Communications Authority (collectively, the Competition Authorities) released the final guidelines to accompany the Ordinance (...)

The Hong Kong Parliament adopts a Competition Ordinance which creates its National Competition Authority
Allen & Overy (Washington)
United States 17 contributions 13798 visits
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White & Case (Washington)
United States 50 contributions 28470 visits
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White & Case (Washington)
United States 1 contribution 178 visits
On December 14, 2015, Hong Kong became the latest jurisdiction to prohibit anticompetitive agreements and unilateral conduct. The Competition Ordinance (Ordinance) is Hong Kong’s first cross-sector competition law for this international financial hub. For the first time, the Hong Kong (...)

Anticompetitive practices

 The Judicial District in Moscow adds several fines on tenderers for bid-rigging (Publicity-Building)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
Court added to a list of fines for a bid-rigger* The peace justice of No. 473 Judicial District in Moscow held No. 2 project, “Publicity-Building” Ltd. administratively liable under Article 20.25 of the Code on Administrative Violations (failure to pay an administrative fine), The Court (...)

The Hellenic Competition Authority accepts commitments proposed by nine fuel trading companies to address competition concerns in the retail fuel market (EKO)
Hellenic Competition Commission (Athens)
Grèce 132 contributions 18612 visites
HCC has accepted commitments proposed by 9 fuel trading companies to address competition concerns in the retail fuel market* By a unanimous decision, the Hellenic Competition Commission (HCC) accepted commitments proposed by 9 wholesale fuel companies, namely “HELLENIC FUELS S.A” (former BP (...)

The Italian Court of Milan, Commercial Chamber grants a damages claim filed by a telecommunications firm for the harm it suffered as a result of a margin squeeze (BT Italia / Vodafone)
Orrick, Herrington & Sutcliffe (Rome)
Italy 6 contributions 225 visits
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Akin Gump Strauss Hauer & Feld (London)
United Kingdom 6 contributions 313 visits
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Italian Ministry of Health (Rome)
5 contributions 130 visits
Brief summary of facts In case A357 - Tele2/TIM-Vodafone-Wind, opened in February 2005, the ICA alleged that mobile phone operators Telecom Italia, Wind and Vodafone had each abused of their dominant position on the wholesale markets for termination services on their respective networks by (...)

The Indian Competition Authority fines 3 trade associations in the film and TV markets for anticompetitive conduct (Kannada Grahakara Koota / Karnataka Film Associations)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI finds anti-competitive agreements between Karnataka film industry associations a violation of section 3(3) of the Act* CCI by its order dated July 27, 2015 has found that the agreements between film industry associations in the Karnataka a violation of section 3(3) of the Act. The CCI (...)

The Slovakian Competition Authority fines €2.55 million three tenderers for bid rigging in the market of construction of healthcare facility in Košice region
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5796 visits
AMO imposed a fine of EUR 2,55 mil. for a cartel in construction of healthcare facility* On July 7, 2015 the Antimonopoly Office of the Slovak Republic, Division of Cartels issued a decision imposing fines totalling EUR 2 547 551 on three undertakings for coordination of the procedure in the (...)

The EU Court of Justice receives an appeal from an undertaking part to a cartel settlement against the General Court judgment in the animal feed phosphates cartel case (Timab)
Sidley Austin (London)
United Kingdom 6 contributions 4514 visits
Timab litigates settlement all the way to the CJEU* The European Commission (“Commission”) introduced its settlement procedure for cartel cases back in 2008. The main aims? To make life easier for the Commission and to keep cartel cases out of the overburdened EU Courts. But Timab – a (...)

The Montenegrin Competition Authority finds that two insurance companies concluded three illegal restrictive agreements (Lovćen osiguranje / Sava osiguranje)
BDK Advokati (Belgrade)
Serbia 15 contributions 718 visits
The Montenegrin competition authority rendered on 24 July 2015 a decision finding that two insurance companies, Lovćen osiguranje (member of Triglav group) and Sava osiguranje had concluded three illegal restrictive agreements on the market of non-life insurance. The first affected agreement (...)

The Spanish Competition Authority fines twenty-one automobile manufacturing and distributing companies for exchanging highly confidential information as well as the two consulting companies involved in these exchanges (Fabricantes de automóviles)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47329 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22350 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4239 visits
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The NMCC has imposed fines totalling €171 million on 21 automobile manufacturing and distributing companies in Spain, as well as two consulting companies, for anti-competitive practices (Decision of 23 July 2015, file S/0482/13). The NMCC considers that a single and continuous infringement (...)

The EU Commission issues a statement of objection against companies offering pay-TV services for geographical market sharing (Disney / NBCUniversal / Paramount Pictures / Sony / Twentieth Century Fox / Warner Bros)
University of East Anglia
United Kingdom 29 contributions 26542 visits
The European Commission’s Battle Over Pay-TV Services: Can Segmenting the EU Market Be Justified?* Yesterday the European Commission issued a Statement of Objections to Sky UK and six major US film studios, taking the preliminary view that restrictions put in place to prevent consumers (...)

The Spanish Competition Authority fines 23 companies for participating in a cartel in the automobile manufacturing and distribution markets (Fabricantes de automóviles)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220597 visits
The CNMC has issued 171 million euros in fines to 21 automobile manufacturing and distributing companies in Spain* On 28/07/2015, The CNMC has issued a total of 171 million euros in fines to 21 companies present in the distribution and marketing of motor vehicles market and/or the provision (...)

The Spanish Competition Authority fines a leading telecommunication company and a major audiovisual company for a concerted action in the markets for the acquisition, resale and exploitation of audiovisual rights of regular football competitions (Telefónica / DTS)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47329 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22350 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4239 visits
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The NMCC has imposed fines totalling €15.5 million on Telefónica and DTS for the unlawful marketing of football broadcasting rights (Decision of 23 July 2015, file S/0436/12). On 23 July 2015, the NMCC fined Telefónica España S.A.U (Telefónica) and DTS Digital S.A (DTS) for illegally (...)

The Russian Competition Authority sends a warning to the glass lobby in order it do not violate the antimonopoly law (Steklosoyuz)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
FAS warns the glass lobby not to violate the antimonopoly law* The Federal Antimonopoly Service (FAS Russia) warned companies in the glass industry not to exercise actions that can result in violating the antimonopoly law. The warning was issued upon publishing the Protocol of the (...)

The Spanish Competition Authority fines undertakings for an agreement and concerted practices during the purchase of soccer broadcasting rights (Telefónica / DTS)
European Commission - DG COMP (Brussels)
Belgium 3 contributions 1365 visits
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Vidal-Quadras & Ramon (Barcelona)
Spain 1 contribution 521 visits
I. The Parties. Defendants: DTS Distribuidora de Televisión Digital, S.A. (DTS) is a company specialising in the management of the platform of satellite pay-TV Canal+. Grupo Telefónica is a group of companies specialising in telecommunications formed by the parent company Telefónica, (...)

The EU Commission sends a statement of objections to several film studios companies suspected to have concluded anticompetitive agreements (Paramount Pictures)
European Commission - DG COMP (Brussels)
Belgique 1368 contributions 2943698 visites
Commission sends Statement of Objections on cross-border provision of pay-TV services available in UK and Ireland* The European Commission has today sent a Statement of Objections to Sky UK and six major US film studios: Disney, NBCUniversal, Paramount Pictures, Sony, Twentieth Century Fox (...)

The Spanish Competition Authority fines 21 car manufacturers and distributers and two consulting firms for exchanging commercially sensitive and strategic information (Fabricantes de automóviles)
European Commission - DG COMP (Brussels)
Belgium 3 contributions 1365 visits
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Liège University
Belgium 1 contribution 735 visits
The CNMC (Spain’s National Authority for Markets and Competition) Council issues a 171 million euros fine against 21 automobile manufacturing and distributing companies and two consulting companies for exchanging commercially sensitive and strategic information. File resolution S/0482/13 (...)

The Spanish Competition Authority rules in two decisions that bar associations’ recommandations must comply with article 101 (Las Palmas Bar Association / Guadalajara Bar Association)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47329 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22350 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4239 visits
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The NMCC has fined the Las Palmas Bar Association €19,400 for a collective recommendation on prices contrary to Article 1 of the Spanish Competition Act (SCA). Apparently, the Bar Association decided in favor of a member for having charged the professional fees calculated according to the (...)

The England & Wales Court of Appeal allows an appeal from the Patents Court in a FRAND dispute on standard essential patents (Unwired Planet / Huawei / Samsung / Ericsson)
Taylor Wessing (London)
United Kingdom 1 contribution 217 visits
Unwired Planet v Huawei & Samsung: Samsung Given Permission To Appeal Strike Out*Summary Unwired Planet asserts that Samsung and Huawei have infringed several ’standard essential patents’ (SEPs) relevant to mobile telecommunications standards. Samsung and Huawei have defended the claims (...)

The Philippine Congress passes the Competition Act that aims to safeguard fair and competitive market conditions
DLA Piper (New York)
United States 1 contribution 154 visits
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Mayer Brown (Palo Alto)
United States 1 contribution 154 visits
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Siemens (New York)
United States 1 contribution 154 visits
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The Philippine Congress has passed, and President Benigno Aquino III is expected to sign into law, the Philippine Competition Act. The law, which aims to safeguard fair and competitive market conditions, marks the nation’s first foray into antitrust legislation. Under the new law, practices (...)

The UK Patents Court considers Articles 101 and 102 TFEU in FRAND dispute relating to standard essential patents (Unwired Planet / Huawei / Samsung / Google / Ericsson)
European University Institute (Florence)
Italy 3 contributions 565 visits
Give us a FRAND: Unwired Planet v Huawei & Samsung*On 29 January, Mr Justice Birss gave judgment in the second UK patent trial between Unwired Planet, Samsung and Huawei, holding that two of Unwired Planet’s patents are invalid for obviousness. The case concerns patents that were declared (...)

The Mexican Competition Authority imposes fines on several transportation companies for price-fixing agreements (OTEZ)
Mexican Competition Authority (Mexico City)
Mexico 140 contributions 30545 visits
COFECE sanctions passenger transportation companies in the state of Chiapas for absolute monopolistic practices* The Federal Economic Competition Commission’s (COFECE) Board of Commissionerssanctioned 7 passenger transportation companiesin the state of Chiapas with a total fine of $2.78 (...)

The Russian Competition Authority fines several companies for bid-rigging concerning electronic maintenance market (Vostok)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
FAS fined cartel participants over 109 million RUB* The Federal Antimonopoly Service (FAS Russia) fined “Vostok” Ltd., “Dorogi Sibiri” Ltd., “No. 363 DEP” OJSC and “No. 364 DEP” OJSC for bid-rigging at open auctions for maintenance and repair of М-54 “Yenisei” highway. The total fines (...)

The German Competition Authority issues its report on divestitures in the rolled asphalt industry
German Competition Authority (Bonn)
Germany 458 contributions 117159 visits
Bundeskartellamt publishes report on divestitures in the rolled asphalt industry* Today the Bundeskartellamt published a report on the state of proceedings it has initiated to break up anti-competitive company interlocks in the German rolled asphalt sector. The report provides an overview of (...)

The US District Court for the Northern District of California upholds assignment of antitrust claims to indirect purchasers (United Food / Teikoku Pharma)
Patterson Belknap Webb & Tyler (New York)
United States 5 contributions 1215 visits
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Patterson Belknap Webb & Tyler (New York)
United States 1 contribution 214 visits
Northern District of California Upholds Assignment of Antitrust Claims to Indirect Purchasers* Portions of a reverse payment suit against Endo Pharmaceuticals and others were recently dismissed by Judge William H. Orrick of the Northern District of California. The case [1] was brought by (...)

The EU Court of Justice Advocate General Szpunar encourages to adopt a strict standard for undertakings to distance themselves from potentially anticompetitive actions by a third party (Eturas)
DLA Piper (London)
United Kingdom 28 contributions 11527 visits
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Jones Day (Amsterdam)
Netherlands 19 contributions 5171 visits
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Pinsent Masons (London)
United Kingdom 1 contribution 242 visits
An advisor to Europe’s highest court, the Court of Justice of the European Union ("CJEU"), is encouraging the CJEU to adopt a strict standard for companies to distance themselves from potentially anticompetitive actions by a third party with which they do business. In a case involving (...)

The Romanian Competition Authority welcomes the judgment of the EU Court of Justice upholding its interpretation in case of private pension fund (ING Pensii)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29496 visits
The Court of Justice of the European Union confirms the interpretation of the Competition Council in case of private pension fund in Romania* The Court of Justice of the European Union confirmed the interpretation of the Competition Council on the agreement’s nature to which the private (...)

The German Competition Authority fines weapon suppliers for price-fixing agreements (Bühl, Paar Logistik, Aichachr)
German Competition Authority (Bonn)
Germany 458 contributions 117159 visits
Bundeskartellamt imposes fines on armaments suppliers on account of price-fixing agreements* The Bundeskartellamt has imposed fines totalling 1.3 million euros on three suppliers of the Bundeswehr (German Federal Armed Forces), which sell so-called rubber track pads and vibration dampers for (...)

The Portuguese Competition Authority imposes a fine on a rail transport company for providing false, inaccurate and incomplete information in the context of an antitrust investigation (CP Carga)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30247 visits
AdC fines CP Carga for providing false, inaccurate or incomplete information* The Portuguese Competition Authority (Autoridade da Concorrência - AdC) has imposed a fine of € 100.000,00 on CP CARGA, for providing false, inaccurate or incomplete information further to a request of the AdC, in (...)

The EU Court of Justice Advocate General Szpunar issues opinion on circumstances where the use of an online booking system by travel agents may amount to a concerted practice (Eturas)
Ashurst (Milan)
Italy 103 contributions 30327 visits
EU Court of Justice’s Advocate General issues opinion on circumstances where the use of an online booking system by travel agents may amount to a concerted practice* On 16 July 2015 Advocate General Szupnar handed down his opinion following a request for a preliminary ruling by the Court of (...)

The German Competition Authority prohibits joint marketing agreements in the market of coniferous stem wood (Forst BW Baden-Württemberg)
German Competition Authority (Bonn)
Germany 458 contributions 117159 visits
Bundeskartellamt prohibits the joint marketing of round timber in Baden-Württemberg* Today the Bundeskartellamt has issued its final decision in the round timber proceedings against the federal state of Baden-Württemberg. Via its state company Forst BW Baden-Württemberg has so far marketed (...)

The EU General Court reduces the fines imposed by the Commission on three members of a EU pre-stressing steel market cartel (Pre-stressing steel cartel)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95405 visits
On 15 July 2015, the General Court (“GC”) largely upheld the EU Commission’s decision in the pre-stressing steel cartel case in ten judgments on 12 separate appeals brought against the decision. However, the GC reduced the fine imposed on several applicants on the grounds that (i) the (...)

The UK FCA publishes its final guidance and policy statement about its approach to enforcement of competition law
Norton Rose Fulbright (London)
United Kingdom 4 contributions 2071 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 10 contributions 2026 visits
Introduction On 15 July, the Financial Conduct Authority (FCA) published its final guidance and policy statement in relation to its approach to enforcement of competition law. The FCA has softened its stance in some respects, following criticism of its proposed approach in a public (...)

The EU Commission fines cargo train operators in a cartel settlement (Express Interfracht / Schenker)
Constantine Cannon (London)
United States 12 contributions 5980 visits
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Phillips Auctioneers (London)
5 contributions 3184 visits
European Commission Slams Cargo Train Operators With 49 Million Euro Fine In Cartel Settlement* The European Commission (“EC”) today imposed fines totalling 49,154,000 euros on Express Interfracht, part of the Austrian railway company Österreichische Bundesbahnen, and Schenker, a subsidiary (...)

The Lithuanian Competition Authority carries an investigation on film exhibitors (Forum Cinemas)
Central Electoral Commission of the Republic of Lithuania (Vilnius)
Lithuania 6 contributions 1044 visits
On 15 July 2015, the Competition Council of the Republic of Lithuania (hereafter – NCA) decided to carry out an additional investigation in the film distribution and exhibition market . During the initial investigation NCA received information which approved the suspicions that three major (...)

The EU Commission imposes fines on cargo train operators for participating in a cartel (Express Interfracht / Schenker)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
Commission fines cargo train operators € 49 million for cartel* The European Commission has imposed fines of € 49 154 000 on Express Interfracht, part of the Austrian railway incumbent Österreichische Bundesbahnen ("ÖBB"), and Schenker, part of the German railway incumbent Deutsche Bahn (...)

The Swaziland Competition Authority imposes administrative fines on parties in the agriculture sector without any specific provisions providing for it (Eagles Nest)
Wallonia-Brussels Trade Commission - AWEX (Johannesburg)
South Africa 8 contributions 2802 visits
The Swaziland Competition Commission power to impose administrative fines under spotlight* On Tuesday 14 July 2015, the Swaziland Competition Commission (the “SCC”) Board heard the substantive issues related to the anticompetitive behavior of Eagles Nest and Usuthu Poultry Farm (the (...)

The Latvian Competition Authority fines several tenderers for bid rigging in the market of timber preparation (Amils)
Latvian Competition Council (Riga)
Lettonie 124 contributions 24633 visites
Competition Authority fines 11 tenderers of logging procurement* On 14 July, the Competition Council (CC) of Latvia took a decision to fine 11 undertakings for coordinating their tenders with one or several other tenderer in a public procurement of timber preparation. For such actions, the (...)

The Serbian Competition Authority conducts dawn raids in the distribution of e-cigarettes and e-liquid markets for resale price maintenance
BDK Advokati (Belgrade)
Serbia 15 contributions 718 visits
The Serbian Commission for Protection of Competition has announced on its website that in the second week of July it had conducted its first dawn raid on several locations in Belgrade. The coordinated dawn raids were made within an investigation related to “distribution of e-cigarettes and (...)

The Indian Competition Commission decides on whether public sector enterprises constitute a single economic entity (National Insurance / New India Assurance / Oriental Insurance / United India Insurance)
Chandhiok & Mahajan (New Delhi)
India 12 contributions 2520 visits
Insurance cartel* The CCI recently issued an order imposing a penalty of USD 105.7 million (approx.) on 4 public sector (owned by the Government of India) insurance companies for indulging in bid rigging. The case was initiated by the CCI on its own motion based on an anonymous letter (...)

The EU Court of Justice confirms that the Commission can take into account sales of products incorporating cartelised components when calculating the fine for vertically-integrated companies that sell the transformed products in the EEA (InnoLux)
Covington & Burling (Brussels)
Belgium 14 contributions 5677 visits
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Weil, Gotshal & Manges (Brussels)
Belgium 2 contributions 752 visits
I. Parties InnoLux Corp. (“InnoLux”), the applicant, is the surviving legal entity pursuant to a merger agreement between Chi Mei Optoelectronics Corp. (“CMO”), InnoLux Display Corp. and TPO Displays Corp in 2010. InnoLux is active in the worldwide market for liquid crystal display panels (...)

The EU Commission sends a statement of objections to a credit card company regarding its cross-border rules and inter-regional interchange fees (Mastercard II)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
Antitrust: Commission sends Statement of Objections to MasterCard on cross-border rules and inter-regional interchange fees* The European Commission today has sent a Statement of Objections to MasterCard. The Statement of Objections outlines the Commission’s preliminary view that (...)

The EU Court of Justice confirms the existence of a new concept which can be used by the Commission to calculate fines of an amount higher than a restrictive reading of its Fining Guidelines (InnoLux)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 8101 visits
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Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 99382 visits
A NEW CONCEPT IN CARTEL FINING: "DIRECT EEA SALES THROUGH TRANSFORMED PRODUCTS"* On 9 July 2015, the Court of Justice of the European Union (CJEU) issued its judgment in InnoLux Corp. v Commission C-231/14P, confirming the existence of a new concept in cartel fining: “direct European (...)

The EU Court of Justice rules on the expansion of jurisdiction to impose fines based on foreign sales of cartelized components (Innolux)
Covington & Burling (Brussels)
Belgium 49 contributions 18342 visits
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Peter Camesasca Advocaat (Brussels)
Belgium 34 contributions 13468 visits
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7 contributions 1844 visits
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On July 9, 2015, the EU’s top court, the EU Court of Justice (CJEU), rendered its long-awaited ruling in the Innolux - LCD cartel appeal. The Innolux case is effectively the EU counterpart of the U.S. Motorola litigation in that it concerns fundamental issues of antitrust jurisdiction over (...)

The Hellenic Competition Authority accepts commitments proposed by four leading producers and importers of tobacco (Papastratos / Philip Morris / British American Tobacco / Karelia Cigarette / Imperial Tobacco)
Kyriakides Georgopoulos (Athens)
Greece 62 contributions 2514 visits
Tobacco Manufacturers - Commitments in relation to revised distribution arrangements (HCC 612/2015) In July 2015 the HCC by a unanimous decision accepted commitments proposed by four (4) leading producers and importers of tobacco products in Greece and the local distributor of Japan Tobacco (...)

The Turkish Competition Authority closes the investigation it launched ex officio into consumer electronics suppliers and retailers for exchange of information (Samsung / Gold)
Ankara Hacı Bayram Veli University
Turkey 31 contributions 12138 visits
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that consumer electronics suppliers and retailers did not restrict competition by exchanging information with regard to price increases and decreases. Background Opened ex officio, the (...)

The UK Competition Authority publishes a report setting out its provisional findings during a market investigation of the energy sector
DLA Piper (London)
United Kingdom 28 contributions 11527 visits
The UK Competition and Markets Authority ("CMA") published a report on 7 July 2015 setting out its provisional findings in a market investigation of the energy sector, in particular for gas and electricity at both wholesale and retail levels in the UK. Market investigations involve in-depth (...)

The Mexican Competition Authority opens an ex-officio investigation concerning possible absolute monopolistic practices in the market for the provision of administrative services for workers’ pension funds (AFORES)
Mexican Competition Authority (Mexico City)
Mexico 140 contributions 30545 visits
COFECE to Investigate Possible Absolute Monopolistic Practices in the Market for Pension Fund Administration Services in Mexico* Through the Mexican Federal Official Gazette and its website, the Federal Economic Competition Commission’s (COFECE or Commission) Investigative Authority (...)

The Moscow Arbitration Appeal Court confirms the cartel decision concerning a tender for allocating fishing grounds in the Primorye region (Aquaresource)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
Appeal Court supported FAS on a case on allocating fishing grounds* On 6 July 2015, the 9th Arbitration Appeal Court pronounced legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) on the cartel case in a tender for allocating fishing grounds in the Primorie region. (...)

The Moscow Arbitration Appeal Court confirms the Russian Competition Authority’s decision against a cartel of suppliers of rehabilitation means for the disabled (April)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
Appeal Court confirmed the FAS decision on a cartel of suppliers of rehabilitation means for the disabled* The 9th Arbitration Appeal Court in Moscow dismissed the appeal of “Regional Centre for Rehabilitation Means” Ltd. (“KTsSR” Ltd.), “April” Ltd., “Predgorie Kavkaza” Ltd. on invalidating (...)

The Italian Supreme Court dismisses an appeal filed to challenge a damages claim and rules that it is possible to presume the damages suffered by consumers if the anti-competitive agreement has been sanctioned by the Competition Authority (Fondiaria Sai / Luigi Lupo)
Intesa Sanpaolo (Milan)
Italy 15 contributions 23160 visits
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Intesa Sanpaolo (Milan)
Italy 11 contributions 6291 visits
Brief summary of facts Fondiaria Sai, an insurance company, was fined by the ICA for having participated in a horizontal anti-competitive agreement that resulted in higher premiums to consumers. It considers that the Court of Appeal erred in presuming that the higher insurance premiums were (...)

The German Competition Authority launches a sector inquiry into the metering and billing of heating and water costs
German Competition Authority (Bonn)
Germany 458 contributions 117159 visits
Sector Inquiry into Submetering of Heating and Water Costs* The Bundeskartellamt has launched a sector inquiry into the metering and billing of heating and water costs. Submetering services cover the consumption-based metering and billing of heating and water costs in buildings as well as (...)

The Italian Administrative Court of Second Instance confirms the annulment in parte qua of the Competition Authority’s decision regarding a cartel in the market for road and highway barriers (Metalmeccanica)
Orsingher Ortu Avvocati (Milano)
Italy 13 contributions 3433 visits
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DLA Piper (Rome)
Italy 1 contribution 267 visits
1. Premise – The present work is aimed at focusing on the decision of 2 July 2015 No. 3291 issued by the Italian Administrative Court of Second Instance (i.e. Consiglio di Stato, hereinafter the “CdS”), highlighting the aspects of interest (hereinafter, the “Judgement”). The Judgement closed (...)

The French Court of Appeal for Paris dismisses a damages claim against cartelists by the national energy company on the grounds that the company did not provide sufficient evidence of fraud (EDF / Nexans France Prysmian câbles)
Herbert Smith Freehills (Paris)
France 63 contributions 13618 visits
Brief summary of facts EDF had launched a call for tenders for cables and complained to the FCA for anti-competitive practices of cable providers Nexans, Prysmian, Safran, etc. The FCA fined such companies for anti-competitive practices. EDF also requested the annulment of public contracts (...)

The Indian Competition Authority dismisses allegations of bid rigging against 5 manufacturers of leather fabrics for trains (Responsive Industries & Others)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI closes case against fabric suppliers to Indian Railways on allegation of bid-rigging* CCI by its order dated July 1, 2015 dismissed allegations of bid-rigging against manufacturers of leather fabrics used in non-AC coaches on the Indian Railways. It was alleged that Responsive Industries (...)

The Moscow Arbitration Court confirms the decision of the Russian Competition Authority which prohibited vertical agreements in the market of equipment for industrial laundry (VMW)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
Cassation Court supported FAS decision on a case on prohibited “vertical” agreements* On 1 July 2015, the Arbitration Court of the Moscow District dismissed a cassation appeal of “Food Technologies” Trading House” Ltd., “BT Machinery” Ltd. and “Obschepitoborudtorg” Ltd. Thus, the Court (...)

Unilateral Practices

 The Moscow Arbitration Court confirms the fine imposed on a company for abuse of dominance in the market of cards for tachographs (NIIAT)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
Arbitration Court: “NIIAT” OJSC will pay a fined to fixing monopolistically high prices for AETR tachograph* On 28 July 2015, Moscow Arbitration Court pronounced legitimacy of FAS decision to fine “NIIAT” OJSC 737,500 RUB for abusing dominance. In September 2014, the Federal Antimonopoly (...)

The Belgian Competition Authority provisionally suspends an exclusivity clause of the general regulations of an international equestrian federation (FEI)
Belgian Competition Authority (Brussels)
Belgium 122 contributions 24503 visits
The Competition College of the Belgian Competition Authority imposed on 27 July 2015 on the Fédération Equestre Internationale (FEI) as a provisional measure the partial suspension with regard to the Global Champions League of the Exclusivity Clause in the article 113(4)-(6) of its General (...)

The Indian Competition Authority fines the 15th car manufacturer for unilateral practices and anticompetitive agreements in the markets for spare car parts and car maintenance (Shri Shamsher Kataria / Honda Siel Cars India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI imposes a suspended penalty of INR 420 Crore on Hyundai Motor India Ltd. (HMIL)* CCI by its order dated July 27, 2015 has imposed a suspended penalty on HMIL. In continuation of the earlier order of CCI against car manufacturers, wherein the 14 car manufacturers were penalised for (...)

The Croatian Competition Authority opens an ex officio investigation regarding an app sales market (Google)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20019 visits
CCA investigation in Android apps sales market* Following some press articles claiming that the Croatian software companies were forced to open branch offices or find partners abroad because Google did not allow them to register for direct sale of their apps via the Google Play store, the (...)

The Court of Appeal of the State of California holds that cross-subsidization through below cost discounts to maximized profits of the core business does not violate Californian unfair practices Act (Dixon Gas / Safeway)
Sheppard Mullin (Los Angeles)
United States 46 contributions 8063 visits
Cross Subsidization For Purpose Of Enhanced Grocery Sales Through Alleged Below Cost Gasoline Discounts Found Not To Violate California Unfair Practices Act* Injury to competing retail fuel stations is non-actionable where market conditions demonstrate that an “incipient antitrust violation” (...)

The English High Court awards the claimant in an abuse of dominance case an injunction to prevent a service being discontinued (Packet Media / Telefónica)
Simmons & Simmons (London)
Royaume-Uni 19 contributions 4880 visites
The English High Court has awarded the claimant in an abuse of dominance case an injunction to prevent a service being discontinued - once the claim had been amended over the weekend after an unfinished hearing. In brief Working through the weekend proved worthwhile for Packet Media (...)

The EU Court of Justice sets out specific requirements with which a SEP holder needs to comply to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)
Roberto Dini (Pinerolo)
Italy 2 contributions 4795 visits
A patent is an exclusive right granted to an inventor for disclosing to the public an innovative technical solution. It does not necessarily oblige the patent owner to exploit that invention. Rather, it provides the right to exclude others from making, using, selling, offering for sale, or (...)

The EU Commission announces two investigations against a chipmaker company for predatory pricing and rebates (Qualcomm)
Constantine Cannon (London)
United States 12 contributions 5980 visits
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Phillips Auctioneers (London)
5 contributions 3184 visits
European Commission Doubles Down On Antitrust Investigations Against Giant U.S. Chipmaker Qualcomm* The European Commission (“EC”) announced yesterday it has opened two antitrust investigations into possible abusive behavior by the U.S. technology company Qualcomm, the world’s largest (...)

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)
White & Case (Brussels)
Belgium 57 contributions 58467 visits
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White & Case (Brussels)
Belgium 20 contributions 10590 visits
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Preu Bohlig & Partner (Hamburg)
1 contribution 516 visits
Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE explaining when EU competition law will prevent holders of patents that are (...)

The EU Court of Justice rules on the seeking of injunctions in the context of standard-essential patents encumbered by FRAND in the technology sector (Huawei / ZTE)
Norton Rose Fulbright (Brussels)
Belgium 20 contributions 5697 visits
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Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 99382 visits
THE EUROPEAN UNION’S HIGHEST COURT RULES ON STANDARD-ESSENTIAL PATENTS INJUNCTIONS AND ABUSE OF DOMINANCE* The long-awaited ruling on the seeking of injunctions in the context of standard-essential patents encumbered by fair, reasonable, and non-discriminatory (FRAND) terms has been (...)

The EU Court of Justice holds that a standard essential patent owner can abuse its position by seeking to enjoin infringement (Huawei / ZTE)
Constantine Cannon (Washington)
United States 4 contributions 1717 visits
European Court Of Justice Holds Standard-Essential Patent Owner Can Abuse Its Position By Seeking To Enjoin Infringement* The European Court of Justice ruled today that the owner of a standard-essential patent abuses its dominant position when it seeks an injunction in an action for patent (...)

The EU Court of Justice rules on the circumstances in which a presumptively dominant SEP holder who has given a FRAND commitment may seek injunctive relief (Huawei / ZTE)
Quinn Emanuel Urquhart & Sullivan (Brussels)
France 8 contributions 5202 visits
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Quinn Emanuel Urquhart & Sullivan (Brussels)
Belgium 6 contributions 6545 visits
The application of competition law to standard essential patents (SEPs) has been the subject of significant debate. The latest instalment was provided by the Court of Justice on 16 July 2015 with its much-anticipated preliminary ruling in Huawei v. ZTE, which concerns the circumstances in (...)

The EU Court of Justice finds that a holder of a standard-essential patent may abuse a dominant position by seeking to enjoin infringement (Huawei / ZTE)
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 23271 visits
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Peter Camesasca Advocaat (Brussels)
Belgium 34 contributions 13468 visits
On July 16, 2015, the Court of Justice of the European Union (“CJEU” or “the Court”) issued its long-awaited judgment in Huawei Technology Co. Ltd v ZTE Corp., ZTE Deutschland GmbH. The CJEU found that the holder of a standard essential patent (“SEP”) may, in certain circumstances, abuse its (...)

The EU Court of Justice confirms practical steps to be taken by standard-essential patent holders before seeking injunctions (Huawei / ZTE)
Norton Rose Fulbright (London)
United Kingdom 5 contributions 1378 visits
Synopsis The Court of Justice of the European Union has ruled that the holder of a Standard Essential Patent that has committed to license its Standard Essential Patent on FRAND terms may be found in breach of the competition rules (Article 102 TFEU) by seeking an injunction against a (...)

The Finnish Competition Authority welcomes the judgement of the EU Court of Justice clarifying the position of standard-essential patent holders from the perspective of competition law (Huawei / ZTE)
Finnish Competition and Consumer Authority (Helsinki)
Finland 75 contributions 12646 visits
The Court of Justice of the European Union has clarified the position of standard-essential patent holders from the perspective of competition law* On Thursday 16 July, the Court of Justice of the European Union gave a judgment on the relationship between patent law and competition law. The (...)

The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement and sets out specific requirements (Huawei / ZTE)
University College London
United Kingdom 5 contributions 2726 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Background A Scattered European Landscape There is considerable inconsistency as to the availability of injunctive relief in relation to FRAND-obligated (...)

The Slovenian Supreme Court sets aside the judgment of the Administrative Court on the abuse of a dominant position in the telecommunications sector (Telekom Slovenije)
Rojs, Peljhan, Prelesnik & partnerji (Ljubljana)
Slovenia 2 contributions 120 visits
By its decision ref. no. X Ips 58/2015 of 15 July 2015 the Slovenian Supreme Court set aside the first instance judgment and referred the case back to the Administrative Court due to its lack of economic analysis of the abuse and of its impact on consumer welfare. Thereby the Supreme Court (...)

The German Supreme Court overrules the Hessian Competition Authority’s decision to deny an abuse of dominance damages claimant access to the Authority’s investigation records (Trinkwasserpreise)
Hogan Lovells (Munich)
Germany 65 contributions 25606 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4643 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1517 visits
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Brief summary of facts Claimant seeks access to the files of an investigation concerning abuse of a dominant position carried out by the Hessian competition authority. Claimant is preparing a competition damages claim against a local energy supplier. Brief summary of judgment Anyone who (...)

The Hungarian Competition Authority fines a water supplier for abuse of dominance (Tettye Zrt.)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19893 visits
Tettye Zrt. abused its dominant position* According to the decision of the Hungarian Competition Authority (GVH), Tettye Forrásház Zrt. (Tettye Zrt.) abused its dominant position by setting, from May 2011, excessive prices for its consumers for the proficiency test of subsidiary water-meters (...)

The Russian Competition Authority warns a public forecast about increased gasoline prices (Kortes)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
FAS issued a warning for a public forecast about increased gasoline prices* On 10 July 2015, the Federal Antimonopoly Service (FAS Russia) sent a warning to Deputy Head of the Department of Market Analysis and Survey, “Kortes” IATs” OJSC. The grounds were a public statement by Deputy Head (...)

The Portuguese Competition Authority receives commitments proposed by a car manufacturer to end the competition concerns regarding motor vehicles warranties (Ford)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30247 visits
Ford offers commitments to the Portuguese Competition Authority regarding motor vehicles warranties* The Portuguese Competition Authority has opened proceedings against Ford Lusitana, S.A. (Ford) for alleged infringements of the competition rules, on January 2015. The Portuguese (...)

The Latvian Competition Authority concludes that competition is distorted on the market of funeral services and recommends the establishment of a regulatory framework
Latvian Competition Council (Riga)
Lettonie 124 contributions 24633 visites
Funeral Service Industry Needs to be Reformed* The Competition Council (CC) of Latvia together with the Consumer Rights Protection Centre (CRCP) and the State Revenue Service (SRS) conclude that the market of funeral services lacks a regulatory framework, therefore the competition is (...)

The Russian Competition Authority opens an investigation against a cellulose producer suspected to have fixed high prices (Arkhangelsk TsBK)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
FAS exposed elements of violations on the cellulose market* The Federal Antimonopoly Service (FAS Russia) opened a case against “Arkhangelsk TsBK” OJSC upon signs of fixing monopolistically high prices for cellulose from conifer wood (Part 1 Article 10 of the Federal Law “On Protection of (...)

The Russian Competition Authority fines a gas provider RUB 8.6M for abuse of dominance (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
Dagestan OFAS fined “Gazprom Regiongaz Pyatigorsk” 8.6 million RUB* The Office of the Federal Antimonopoly Service in the Republic of Dagestan (Dagestan OFAS) found that “Gazprom Regiongaz Pyatigorsk” Ltd. violated the antimonopoly law. The company shall pay over 8.6 million RUB as a fine (...)

The Moscow Arbitration Appeal Court confirms a fine imposed on a gas provider for abuse of dominance (Sakhatrnasneftegaz)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
Appeal Court confirmed the conclusions of Yakutia OFAS* The 4th Arbitration Appeal Court supported the Office of the Federal Antimonopoly Service in the Republic of Sakha (Yakutia) (Yakutia OFAS Russia) in a dispute with “Sakhatrnasneftegaz” OJSC. Earlier the regulator found that the company (...)

The Russian Competition Authority sends warnings to retail subsidiaries suspected to abuse of their dominance (Rosneft)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
Smolensk OFAS issued warnings to Rosneft retail subsidiaries* The Office of the Federal Antimonopoly Service in the Smolensk region (Smolensk OFAS Russia) issued a warning to “RN-Cart-Smolensk” Ltd. and “NK “Rosneft” – Smolensknefteproduct” OJSC. The companies’ actions had signs of violating (...)

The Spanish High Court issues landmark judgment on the need to establish foreclosure effects of a margin squeeze (Correos)
Linklaters (Madrid)
Spain 1 contribution 587 visits
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Linklaters (Madrid)
Spain 1 contribution 587 visits
1 Introduction On 21 January 2014, the Spanish Markets and Competition Commission (“CNMC”) imposed a fine of €8,170,000 on the Spanish postal service incumbent Sociedad Estatal Correos y Telégrafos, S.A. (“Correos) for allegedly abusing its dominant position on the wholesale market for (...)

The Spanish High Court annuls the decision of the Spanish Competition Authority fining the public postal operator for an abuse of dominant position consisting on margin squeeze due to lack of evidence (Correos)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47329 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22350 visits
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Callol, Coca & Asociados (Madrid)
Spain 43 contributions 3438 visits
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On 21 January 2014, the NMCC fined € 8.17 million on Correos for abusing its dominant position on the wholesale market for postal services (access to the postal network) and on the retail market for postal services involving large senders (business customers) in Spain. The (...)

Mergers

 The EU Commission open an in-depth investigation concerning a merger in the market of small package delivery, freight forwarding and cargo transportation services (TNT / FedEx)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED TNT BY FEDEX * The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of TNT Express by FedEx Corporation is in line with the EU Merger Regulation. Both companies are major global (...)

The Indian Competition Authority unconditionally approves acquisition of 4 hypermarkets from one retail company by a competing retail company in a city’s local market (Jubilant / Aditya Birla Retail)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI approves acquisition of four retail hypermarket stores of Jubilant by Aditya Birla Retail Limited (ABRL)* CCI by its order dated July 29, 2015 approved the proposed acquisition of four ‘Total’ stores of Jubilant Agri and Consumer Products Limited (JACPL) in the city of Bengaluru by ABRL (...)

The EU Commission clears a merger beetwen two mobile network equipment manufacturers (Nokia / Alcatel-Lucent)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
MERGERS: COMMISSION APPROVES NOKIA’S ACQUISITION OF ALCATEL-LUCENT* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Alcatel-Lucent by Nokia. Both companies are global providers of telecommunications equipment and related services. The (...)

The Serbian Competition Authority drafts a merger decree
BDK Advokati (Belgrade)
Serbia 15 contributions 718 visits
The Serbian Commission for protection of Competition has circulated to the legal community for comments its proposal of a new decree on the content of merger notification (“Draft Merger Decree“). I will not discuss all proposed changes and shortcomings of the new draft but will focus on major (...)

The EU Commission clears a merger, subject to remedies, in the market of industrial chocolate (Cargill / ADM)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
Commission approves Cargill’s acquisition of ADM’s industrial chocolate business, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of the industrial chocolate business of Archer Daniels Midland (’ADM’) by Cargill, subject to (...)

The EU Commission partially refers a proposed merger to the Danish Competition Authority in the market of pig meat and clears the merger outside Denmark (Danish Crown / Tican)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
Commission partially refers Danish Crown / Tican merger to Denmark’s competition authority; clears proposed merger outside Denmark* The European Commission has partially referred the proposed merger between Danish Crown and Tican to the Danish Competition and Consumer Authority (DCCA) at its (...)

The UK Competition Authority decides to open an in-depth investigation in the market of processing of animal by-products in an effort to obtain acceptable remedies (Linergy / UFBP)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105109 visits
Rendering merger faces in-depth investigation unless undertakings offered* Linergy’s acquisition of Ulster Farm By-Products will be referred for an in-depth phase 2 investigation unless acceptable undertakings are offered. The Competition and Markets Authority (CMA) has found that the (...)

The EU Commission clears acquisition of the third-largest company by the second-largest company in the market for industrial chocolate, subject to conditions (Cargill / ADM)
European Commission
Belgium 2 contributions 291 visits
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European Commission - DG COMP (Brussels)
Belgium 2 contributions 389 visits
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European Commission - DG COMP (Brussels)
Belgium 1 contribution 130 visits
Cargill/ADM: How far would you go for chocolate?* In a nutshell: This case involved assessing the horizontal overlaps between two of the top three producers of industrial chocolate in Europe. Key elements were the reconstruction of market shares based on a customer- and plant-based (...)

The Indian Competition Authority notices parties to furnish material information or face penalty (Sumitomo)
Shardul Amarchand Mangaldas (Mumbai)
India 70 contributions 20123 visits
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Economic Laws Practice (Mumbai)
India 12 contributions 2935 visits
Introduction A notice was filed by Sumitomo Mitsui Trust Bank Limited (“Sumitomo”) in relation to its acquisition of 2.77% in Reliance Capital Limited (“RCL”), through share subscription. Although the acquisition was for less than 25% and did not entail control, it required a filing with the (...)

The Italian Competition Authority conditionally clears a concentration between two regional energy firms (Società Elettrica Altoatesina / Azienda Energetica)
Municipality of Cagliari
168 contributions 134413 visits
By a decision made on 15 July 2015 the Italian Competition Authority (ICA) has conditionally cleared a concentration between two publicly held regional energy firms, Società Elettrica Altoatesina (SEL) and Azienda Energetica (AE), operating in the North-east of Italy in the province of (...)

The Dutch Competition Authority prohibits a merger in the hospital market (Albert Schweitzer Hospital / Rivas Zorggroep)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36838 visits
ACM prohibits proposed merger between two Dutch hospital groups* The Netherlands Authority for Consumers and Markets (ACM) has not approved the proposed merger of two hospital groups in the southwestern part of the Netherlands, near the cities of Dordrecht and Gorinchem: Albert Schweitzer (...)

The Dutch Competition Authority prohibits a merger between two hospitals because of the potential negative effects to consumers (Albert Schweitzer Hospital / Rivas Zorggroep)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36838 visits
ACM prohibits proposed merger between two Dutch hospital groups* The Netherlands Authority for Consumers and Markets (ACM) has not approved the proposed merger of two hospital groups in the southwestern part of the Netherlands, near the cities of Dordrecht and Gorinchem: Albert Schweitzer (...)

The EU Commission clears a merger subject to remedies in the airline market (Aer Lingus / IAG)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
Commission approves acquisition of Aer Lingus by IAG, subject to conditions* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Irish airline Aer Lingus by International Consolidated Airlines Group (IAG). IAG is the holding company of British (...)

The Indian Competition Authority approves a joint venture between a global consumer healthcare conglomerate and a global technology conglomerate (Johnson and Johnson / Ethicon / Google)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI approves the joint venture between Google and Johnson and Johnson for the research and development in respect of the robotic system for surgical intervention* CCI by its order dated July 10, 2015 approved the proposed combination for creation of a JV between Google and Johnson and (...)

The Turkish Competition Authority rejects an acquisition of the Marinas (Beta Marina / Setur)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 76046 visits
The Competition Board (“Board”) has rejected the acquisition of the full shares of Beta Marina Liman ve Çekek İşletmesi A.Ş. (“Beta Marina”) and Pendik Turizm Marina Yat ve Çekek İşletmesi A.Ş. (“Pendik Turizm”) by Setur Servis Turistik A.Ş. (“Setur”) in accordance with Art. 7 of Act No. 4054 (...)

The Italian Competition Authority conditionally clears a baby products merger (Enrico Preziosi-Artsana / Newco-Bimbo Store)
Municipality of Cagliari
168 contributions 134413 visits
In Baby Products by a decision made on 9 July 2015 the Italian Competition Authority (ICA) has conditionally cleared a merger between retailers of baby products (Case C11982, Enrico Preziosi-Artsana/Newco-Bimbo Store) . The ICA started a phase II investigation into the notified merger since it (...)

The Indian Competition Authority amends regulations relating to mergers
Sarvada Legal (New Delhi)
7 contributions 1624 visits
Amendment in the Combination Regulations* In a press release dated 3 July 2015, Competition Commission of India (CCI) has clarified the scope of amendments made to the Regulations relating to Combinations. The amendments touch upon several procedural changes to be followed in case of filings (...)

State Aid

 The EU Commission approves an aid falling within the exemption for important projects of common European interest (Fehmarn belt)
Maastricht University (Maastricht)
Belgium 357 contributions 67136 visits
The Pricing of Access to an Important Project of Common European Interest* Infrastructure that is commercially exploited [e.g. charging of tolls] is an economic activity. Infrastructure that is freely available to users is not economic activity. Access fees or tolls may be regulated. State (...)

The French Administrative Supreme Court declares that a contribution to the public service of renewable electricity does not constitute State aid (Société Praxair)
Sheppard Mullin (Brussels)
Belgium 14 contributions 18578 visits
On July 22, 2015, the French Conseil d’Etat (Council of State) issued an opinion on the contribution to the public service of electricity. The contribution to the public service of electricity compensates for the additional costs arising from the charges borne by the historical electricity (...)

The Italian Council of State rules that collaboration between public universities and private companies for awards of State contracts does not fall within the purview of EU State aid rules because research by universities cannot be considered an ’economic activity’ (Baldoni and others)
BonelliErede (Brussels)
Belgium 28 contributions 23419 visits
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Luiss Guido Carli University (Rome)
Italy 24 contributions 1170 visits
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BonelliErede (Brussels)
Belgium 24 contributions 2172 visits
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On 21 July 2015, the Council of State delivered Decision No. 3616 in which it rejected the appeal brought by a partnership between several private limited liability companies (“SCAI”) against Decision 1288/2013 of the Regional Administrative Court of Lombardy (“TAR Lombardy”). The TAR Lombardy (...)

The Italian Council of State rules that the national res judicata principle cannot be used to shield a company from an action to recover illegal State aid because of the primacy of EU law (INPS)
BonelliErede (Brussels)
Belgium 28 contributions 23419 visits
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Luiss Guido Carli University (Rome)
Italy 24 contributions 1170 visits
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BonelliErede (Brussels)
Belgium 24 contributions 2172 visits
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On 21 July 2015, the Council of State delivered Decision No. 3596 concerning the appeal brought by the National Social Security Authority (“INPS”) against Decision 897/2014 issued by TAR Veneto, Division I, which annulled the obligation for the company Principessa S.r.l. to repay unlawful, (...)

The EU Commission assesses whether a State acted as a private creditor when it allowed a debtor to continue operations (JSC Liepajas Metalurgs)
Maastricht University (Maastricht)
Belgium 357 contributions 67136 visits
The State Acting as a Private Creditor & State Aid Enforcement and Procedural Rights* In this article I review Commission decision SA.37100 on JSC Liepajas Metalurgs [LM], once Latvia’s largest steel company and major employer. The decision examines whether Latvia acted promptly to (...)

The Spanish High Court of Justice for Galicia, in overturning a previous ruling, holds that the European State aid scheme is immaterial and that a shipbuilder cannot be liable for a real estate tax because it is a mere transferee of the land around which the dispute revolves (Navantia)
Judicial Ethics Commission (Madrid)
Spain 39 contributions 2227 visits
Galicia High Court of Justice refuses that the Navantia’s claim for a real estate tax exemption should be granted despite the application of the European State aid scheme. Background & facts of the case The previous judgment of the ECJ, Case C-522/13, Ministerio de Defensa y Navantia (...)

The EU Court of Justice rules on how to determine a market price, blurring the lines of its own case law (BVVG / Landkreis Jerichower Land in Germany)
Maastricht University (Maastricht)
Belgium 357 contributions 67136 visits
The Challenge of Calculating a Market Price* The market price of land or buildings can be determined via auction, expert valuation or other appropriate methods. Introduction On 16 July 2015, the Court of Justice delivered its judgment in case C‑39/14, BVVG Bodenverwertungs- und (...)

The EU Commission finds that a French state investment agency’s injection of capital into a manufacturing company does not constitute State aid (Altrad)
Maastricht University (Maastricht)
Belgium 357 contributions 67136 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 EU General Court annuls the Commission State aid decision relating to public statements and shareholder loan to a telecommunications company (France Télécom)
Van Bael & Bellis (Brussels)
Belgium 155 contributions 35127 visits
In its judgement handed down on 2 July 2015, the General Court (“GC”) annulled for the second time the EU Commission’s state aid decision relating to public statements made by the French authorities in support of France Télécom (“FT”) and to the offering of a shareholder loan to FT. The (...)

The EU General Court rules again on whether public pronouncements confer an advantage to undertakings (France Télécom)
Maastricht University (Maastricht)
Belgium 357 contributions 67136 visits
When Do Public Pronouncements Confer an Advantage to Undertakings?* Public pronouncements can confer an advantage if they are sufficiently precise and clearly commit a public authority to support an undertaking. Introduction Politicians often claim that they would never allow important (...)

Procedures

 The US District Court for the District of Massachusetts rejects a request for a new trial to challenge a pay-for-delay agreement (Nexium)
Wolters Kluwer (Riverwoods)
United States 78 contributions 39281 visits
Judgment for Drug Companies Unlikely the End of the Road in Nexium Case* The federal district court in Boston has rejected a request from purchasers of AstraZeneca LP’s heartburn medication Nexium for a new trial to challenge a “reverse payment” or “pay-for-delay” agreement between (...)

The US Court of Appeals for the Ninth Circuit establishes a multi-factor framework to determine the appropriate royalty rates and ranges for standard-essential patents (Microsoft / Motorola)
McDermott Will & Emery (Dusseldorf)
Germany 12 contributions 2041 visits
Introduction In a decision written by Judge Marsha S. Berzon, a three-judge panel of the U.S. Court of Appels for the Ninth Circuit affirmed a first-of-its-kind district court judgment relating to royalty rates for standard-essential patents (SEP). As part of the standard setting process, (...)

The UK FCA publishes revised guidance on how it will apply its current competitions powers both under the Competition Act 1998 and in relation to market studies and market investigation references
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 27 visits
On 15 July 2015, the Financial Conduct Authority (FCA) published revised guidance on how it will apply its concurrent competition powers both in relation to its powers and procedures under the Competition Act 1998 (CA98) and in relation to market studies and market investigation references. (...)

The National Assembly of Laos passes new law on business competition
DFDL (Phnom Penh)
Cambodia 5 contributions 2932 visits
On 14 July 2015, the National Assembly of Lao People’s Democratic Republic (“Laos”) passed the Law on Business Competition (No. 60/NA) (“Competition Law”), which states that it will come into force on issue by the President of the National Assembly of the Promulgating Decree and 15 days after (...)

The EU Court of Justice confirms potential of high cartel fines for vertically integrated multinational companies (InnoLux)
White & Case (Brussels)
Belgium 35 contributions 13569 visits
EU judgment confirms potential of high cartel fines for vertically integrated multinational companies* On 9 July 2015, the Court of Justice of the European Union (“ECJ”) issued an important judgment concerning the basis on which cartel fines by the European Commission should be calculated (...)

The EU General Court follows Court of Justice’s EnBW judgement concerning the right to access documents collected by the European Commission (Axa)
Studio Legale Scoccini (Rome)
Italy 13 contributions 6172 visits
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Gatti Pavesi Bianchi Ludovici (Rome)
Italy 2 contributions 1473 visits
The Axa case On the 7th of July 2015, the Third Chamber of the General Court of the European Union, issued a judgment on the right to access documents collected by the European Commission in a proceeding applying EU competition law (Articles 101 and 102 of the Treaty on the Functioning of (...)

The Danish Parliament adopts the latest amendments to the Competition Act
DLA Piper (Copenhagen)
Denmark 5 contributions 1468 visits
Amendments to the Danish Competition Act come into effect* In December 2014 the Danish Parliament passed the latest amendments to the Danish Competition Act. Furthermore, just a few weeks back the Parliament also passed the amendment making merger filing in the Danish telecoms sector more or (...)

Regulatory

 The Polish Parliament gains the power to control mergers and acquisitions in strategic sectors
WKB Wiercinski Kwiecinski Baehr (Poznan)
Poland 14 contributions 11028 visits
The Minister of the State Treasury will control mergers and acquisitions in strategic sectors of Polish economy* On 30 September 2015, the Act on Control of Certain Investments (the “Act”) enters into force. The Act aims to create mechanisms to protect against hostile takeovers of companies (...)