July 2018

General antitrust

 The UNCTAD expert meeting on competition law and policy emphasizes the important role of competition law in combating poverty in developing countries and achieving UN’s Sustainable Development Goals
United Nations Conference on Trade and Development (UNCTAD)
Switzerland 12 contributions 693 visits
Competition policy ensures markets work for people over profit* Governments need to keep markets fair and competitive, so that consumers have access to the best goods and services at the lowest price. Winning the fight against poverty depends greatly on how successful we are at ensuring fair (...)

Anticompetitive practices

 The US FTC settles civil complaint regarding wage-fixing against a medical staffing agency (Your Therapy Source)
McDermott Will & Emery (Paris)
France 119 contributions 60801 visites
A recent settlement shows that the US Federal Trade Commission (FTC) will use its enforcement authority to target employer collusion in the labor market. What Happened The FTC brought a complaint against a medical staffing agency, Your Therapy Source, LLC, and the owner of a competing (...)

The Indian Competition Authority finds no cartelization or abuse of dominance but does find refusals to deal in the market for broadcasting of TV channels (Noida Software Technology Park / Star India / Sony Pictures Network India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40038 visits
Background The given case involved an information filed by Noida Software Technology Park Ltd (“Noida/Informant”) alleging (i) Cartelization (ii) Refusal to deal (constructive and outright) and (iii) Abuse of dominant position by Star India Pvt Ltd (“Star India”) and Sony Pictures Network India (...)

The French Competition Authority fines wholesale distributors of veterinary medicinal products and their professional association for anticompetitive practices (Alcyon / Coveto / Centravet)
French Competition Authority (Paris)
France 709 contributions 361254 visits
Distribution of veterinary medicinal products* The Autorité de la concurrence fines wholesale distributors of veterinary medicinal products and their professional association nearly 16 million euros for anticompetitive practices The Autorité de la concurrence, which began proceedings ex officio (...)

The Indian Company Law Appellate Tribunal (NCLAT) upholds the Indian Competition Authority’s record fine imposed in the cement cartel case (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40038 visits
NCLAT upholds the highest penalty imposed by CCI on cement cartel* The National Company Law Appellate Tribunal (NCLAT) by way of a judgement dated 25 July 2018 has upheld the penalty imposed by the Competition Commission of India (CCI) on 11 cement companies for cartelization. The CCI in its (...)

The EU Commission fines four leading consumer electronics manufacturers for fixing online resale prices (Asus / Denon & Marantz / Philips / Pioneer)
MemeryCrystal
Royaume-Uni 12 contributions 2820 visites
EU COMMISSION FINES MAJOR CONSUMER ELECTRONICS MANUFACTURERS FOR FIXING ONLINE RESALE PRICES* On 24th July 2018 the EU Commission passed a decision to enforce the competition rules in yet another case involving the e-commerce sector. This time it fined a number of leading consumer electronics (...)

The EU Commission fines manufacturers of electronic goods for resale price maintenance (Asus / Denon & Marantz / Philips / Pioneer)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60801 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
Vertical restrictions, including resale price maintenance (RPM), have not generally been an EC enforcement priority over the last 10 years, but a series of rulings in July 2018 signalled a potential change in that trend. Although the EC considers RPM to be a “hardcore restriction” of (...)

The EU Commission fines manufacturers over €111 million for restricting the ability of online retailers to set their retail prices for a variety of widely-used consumer electronics products (Asus / Denon & Marantz / Philips / Pioneer)
Bona Law (San Diego)
États-Unis 12 contributions 5991 visites
Antitrust News: The European Commission imposes fines for the first time in 15 years as a result of online retail price restrictions (RPM)* On July 24, 2018, the European Commission fined manufacturers Asus, Denon & Marantz, Philips and Pioneer for over €111 million for restricting the (...)

The EU Commission fines four consumer electronics manufacturers for fixing online resale prices (Asus / Denon & Marantz / Philips / Pioneer)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
Antitrust: Commission fines four consumer electronics manufacturers for fixing online resale prices* The European Commission today fined, in four separate decisions, consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer for imposing fixed or minimum resale prices on (...)

The EU Commission fines consumer electronics manufacturers €111 million for online pricing restrictions (Asus / Denon & Marantz / Philips / Pioneer)
Euclid Law (London)
2 contributions 711 visits
European Commission Fines Consumer Electronics Manufacturers €111 Million for Online Pricing Restrictions* On 24 July 2018, the European Commission announced that it had fined four consumer electronics manufacturers – Asus, Denon & Marantz, Philips and Pioneer – a total of €111 million (...)

The EU Commission fines four electronic manufacturers for fixing minimum resale prices for online retailers (Asus / Denon & Marantz / Philips / Pioneer)
K&L Gates (Houston)
United States 1 contribution 269 visits
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K&L Gates (Sidney)
Australia 3 contributions 719 visits
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K&L Gates (Boston)
1 contribution 269 visits
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of (...)

The EU Commission fines consumer electronics manufacturers for imposing fixed or minimum resale prices on their online retailers (Asus / Denon & Marantz / Philips / Pioneer)
Dechert (Brussels)
Belgium 9 contributions 11578 visits
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Dechert (Washington)
United States 4 contributions 677 visits
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Dechert (Brussels)
Belgium 3 contributions 871 visits
Recent EU Fines for Resale Price Maintenance Are Symptoms of Broader Challenges Faced by Today’s Consumer-Goods Manufacturers The European Commission (the “Commission”) issued four separate decisions on 24 July 2018, fining consumer electronics manufacturers Asus, Denon & Marantz, Philips and (...)

The EU Commission fines four consumer electronics groups for restricting their online retailers’ ability to set their retail prices for widely-used electronics products (Asus / Denon & Marantz / Philips / Pioneer)
White & Case (London)
United Kingdom 22 contributions 11795 visits
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White & Case (Brussels)
Belgique 21 contributions 23471 visites
The Commission Decisions In February 2017, the Commission initiated proceedings against Asus, Denon & Marantz, Philips and Pioneer following information obtained during the e-commerce sector inquiry. The Commission’s report had identified resale price maintenance as an area of concern, and (...)

The EU Commission fines consumer electronics manufacturers a total of €111 million for resale price maintenance, granting substantial reductions in the fines through the cooperation procedure (Asus / Denon & Marantz / Philips / Pioneer)
Van Bael & Bellis (Brussels)
Belgium 379 contributions 88807 visits
According to a press release and statement issued on 24 July 2018, the European Commission has, in four separate decisions, fined consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer a total of €111 million for engaging in resale price maintenance during periods (...)

The U.S. Court of Appeals for the Second Circuit affirms a grant of summary judgment in favor of defendants in an old case alleging an unlawful conspiracy in the single-copy magazine industry (Anderson News)
Dechert (Philadelphia)
United States 4 contributions 1471 visits
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Dechert (Philadelphia)
United States 4 contributions 1342 visits
The U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment on July 19, 2018, in favor of defendants in a nearly decade-old case alleging an unlawful conspiracy in the single-copy magazine industry. The decision clarifies the application of the Supreme Court’s (...)

The Moscow Arbitration Appeal Court confirms the decision of the Competition Authority concerning a cartel on the market of civilian filtering gas masks
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53260 visits
Appeal Court supported FAS in a case against a 20-member cartel* The total fines imposed upon manufacturers and suppliers of civilian gas masks exceeded 75 million RUB The 9th Arbitration Appeal Court in Moscow reversed the ruling of the Court of First Instance and agreed with FAS arguments. (...)

The Paris Court of Appeal confirms the decision of the French Competition Authority but reduces fines in the parcel delivery services cartel case (Parcel delivery services cartel)
Van Bael & Bellis (Brussels)
Belgium 379 contributions 88807 visits
On 19 July 2018, the Paris Court of Appeal (the “Court”) delivered a judgment in connection with the parcel delivery services cartel case (see VBB on Competition Law, Volume 2016, No. 1). The Court confirmed most of the findings of the French Competition Authority (“FCA”), including that the (...)

The French Competition Authority rejects the request for interim measures filed by a law firm relating to practices implemented by the Toulouse Bar Association (AGN Avocats)
French Competition Authority (Paris)
France 709 contributions 361254 visits
Law firms* The Autorité de la concurrence rejects the request for interim measures filed by the company AGN Avocats relating to practices implemented by the Toulouse Bar Association, but pursues the investigation into the merits of the case. The company AGN Avocats Développement, hereinafter (...)

The Russian Competition Authority exposes the first cartel in Dagestan in the medicine sector (Medpharmasnab / RegionPharma / Dagmedtechnika / Globalmedtech)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53260 visits
FAS exposed the first cartel in Dagestan* A group of FAS specialists arrived to Dagestan on invitation of Acting Head of Dagestan, Vladimir Vasiliev To pursue the National Competition Development Plan approved by No. 618 Order of the President of Russia on 21.12.2017, FAS jointly with (...)

The EU General Court annuls a fine imposed by the Commission on cartellists in the sea shrimp sector due to lack of reasoning (Stührk Delikatessen)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60801 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
In this difficult case, the EC had to reduce the fines calculated for each of the cartel participants so as to remain within the unalterable limit of 10 per cent of total worldwide group turnover. The EC claimed that it had sought to treat the various cartel participants equally in making the (...)

The EU General Court dismisses appeals against a decision of the EU Commission brought by producers of underground and submarine high voltage power cables (Power Cables cartel)
Van Bael & Bellis (Brussels)
Belgium 379 contributions 88807 visits
Cartel, judicial review, evidence, conterfactuel, parent On 12 July 2018, the General Court (“GC”) delivered fourteen judgments dismissing all of the appeals brought by the companies involved in the Power Cables cartel case. By way of background, in 2014, the European Commission adopted a (...)

The EU General Court hands down a judgment confirming a growing trend towards a broad application of parental liability by fining an investment banking group for the actions of a company in high voltage cables over which it has decisive influence (Goldman Sachs)
Simmons & Simmons (London)
United Kingdom 7 contributions 7226 visits
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Simmons & Simmons (London)
United Kingdom 2 contributions 1898 visits
Infringement On 12 July 2018, the General Court (the GC) upheld an infringement decision of the European Commission (the Commission) made on 02 April 2014, in which the Goldman Sachs Group Inc (GS) was found jointly and severally liable with its indirect subsidiary Prysmian for violating (...)

The EU General Court affirms the Commission’s finding that financial investors have parental liability for the acts of an indirect subsidiary involved in the power cables cartel (Goldman Sachs)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60801 visites
,
Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
On 12 July 2018, by its judgment in Case T-419/14 The Goldman Sachs Group v Commission, the GCEU entirely dismissed the appeal brought by The Goldman Sachs Group, Inc., against an EC decision in Case AT. 39610 Power Cables, fining Goldman Sachs EUR 37.303 million for its parental liability (...)

The Indian Competition Authority fines the state chemists’ association and 3 pharma companies for the anticompetitive practice of "No Objection Certificates" prior to the appointment of stockists (Alis Medical Agency / Federation of Gujarat State Chemists & Druggists Associations)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40038 visits
CCI imposes penalties on the Chemists’ Associations in State of Gujarat and three pharma companies for indulging in practice of “No Objection Certificate” before appointment of stockists* The Competition Commission of India (“CCI”) by way of an order dated 12 July 2018 has imposed penalty on the (...)

The EU General Court holds that institutional investors can face parental liability for infringement of EU competition law (Power Cables cartel)
White & Case (Brussels)
Belgium 48 contributions 36188 visits
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White & Case (Brussels)
Allemagne 17 contributions 6607 visites
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 3 contributions 1229 visits
On 12 July 2018, the EU’s General Court handed down 12 judgments relating to the power cables case. Among these was a judgment which confirmed that a parent company able to exercise all the voting rights in a subsidiary is presumed liable for any infringement of the EU competition rules by that (...)

The Indian Competition Authority dismisses cartel allegations against thirty-seven suppliers of signaling cables to national railways (North Western Railway / Rajasthan Transformers and Switchgears)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40038 visits
CCI closes allegation of cartel against 37 suppliers of signaling cables to Indian Railways* The Competition Commission of India (CCI/Commission ) by way of an order dated 12 July 2018 rejected the findings of the Director General (DG) and closed the case against 37 signaling cable (...)

The EU General Court finds financial investors liable for anticompetitive conduct of portfolio companies over which they hold decisive influence (Goldman Sachs)
Dechert (Brussels)
Belgium 24 contributions 31648 visits
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Dechert (Paris)
France 43 contributions 61800 visites
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Dechert (Paris)
France 18 contributions 23703 visits
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The General Court of the European Union recently held, in Goldman Sachs v. Commission, that purely financial investors such as investment funds may be held jointly and severally liable for competition law violations implemented by their portfolio companies when they can exercise “decisive (...)

The German Competition Authority fines several steel companies for price-fixing and exchanging information (ArcelorMittal Commercial Long / Cologne / Dörrenberg Edelstahl / Engelskirchen Kind & Co. / Edelstahlwerke / Wiehl / Saarstahl / Völklingen / Schmidt + Clemens / Lindlar and Zapp Precision Metals / Schwerte)
German Competition Authority (Bonn)
Germany 422 contributions 106142 visits
Bundeskartellamt imposes first fines totalling approx. 205 million euros on special steel companies* The Bundeskartellamt has imposed fines totalling approx. 205 million euros on six special steel companies, a trade association and ten individuals for concluding price-fixing agreements and (...)

The Frankfurt Higher Regional Court finds that a luxury perfume provider can prohibit unauthorized distribution over third-party websites (Coty Germany / Parfümerie Akzente)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60801 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
This judgment of the Higher Regional Court of Frankfurt/Main of 12 July 2018 applying the preliminary ruling of the CJEU of 6 December 2017 in the case Coty Germany GmbH v Parfümerie Akzente GmbH will reassure manufacturers of luxury products that they can protect such products from unauthorised (...)

The EU General Court confirms that a bank investor was jointly and severally liable for the conduct of one of the cartelists (Goldman Sachs)
Herbert Smith Freehills (London)
Royaume-Uni 37 contributions 7462 visites
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Herbert Smith Freehills (London)
Royaume-Uni 49 contributions 18944 visites
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Herbert Smith Freehills (Brussels)
Belgium 97 contributions 65760 visits
The General Court’s ruling in Goldman Sachs’ appeal in the power cables cartel confirms that the bank was jointly and severally liable for the conduct of Prysmian, one of the cartelists, because of the nature of its investment in the company. The General Court confirmed that the Commission was (...)

The UK Competition Authority extends its timetable of investigations on anti-competitive practices in the pharmaceutical sector
MemeryCrystal
Royaume-Uni 12 contributions 2820 visites
UK COMPETITION & MARKETS AUTHORITY PROVIDES UPDATES ON ITS PHARMACEUTICAL SECTOR INVESTIGATIONS* On 12th July 2018 Competition and Markets Authority (CMA) announced it was extending its timetable in relation to a number of its ongoing investigations involving anti-competitive practices in (...)

The Indian Competition Authority decides its fourth leniency and fines broadcasting service providers for bid-rigging in tenders floated by sports broadcasters (Essel Shyam Communication / Globecast India / Globecast Asia)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40038 visits
CCI decides its fourth leniency, imposes penalty on broadcasting service providers for bid-rigging in tenders floated by Sports Broadcasters* By way of an order dated 11 July 2018, the Competition Commission of India (CCI) imposed a penalty of INR 22.36 Crore on Essel Shyam Communication (...)

The Moldovan Competition Authority grants immunity from fine to a leniency applicant in a bid rigging case (Litarcom / Capillati / Ecosem Grup)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222940 visits
On 5 July 2018, the Competition Council of the Republic of Moldova (CC) found the signs of bid rigging in the public procurement, organized by local administration in the Glodeni county. The CC initiated its investigation on the basis of the leniency application filed by Ecosem Grup SRL, (...)

The EU Commission invites stakeholders to comment on draft guidelines to help national courts estimate the economic harm caused by cartels
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
Antitrust: Commission consults stakeholders on draft guidelines to help national courts estimate the economic harm caused by cartels* The European Commission is inviting comments on draft guidelines to help national courts estimate the share of price increases caused by a cartel that are (...)

The Danish Competition Authority adopts guidelines on joint bidding under competition law
Danish Competition and Consumer Authority (Copenhagen)
Denmark 125 contributions 34082 visits
New guidelines on joint bidding under competition law* The Danish Competition and Consumer Authority published new guidelines on how to assess joint bidding under competition law on 25 April 2018. These guidelines are now available in English. The guidelines address the assessments (...)

The Belgian Competition Authority carries out an unannounced inspection in the immunoglobulin sector
Belgian Competition Authority (Brussels)
Belgium 83 contributions 19819 visits
The Belgian Competition Authority confirms the inspection in the immunoglobulin sector* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms the inspection conducted in Belgium, at the request of the Romanian Competition Council, at the premises of (...)

The Romanian Competition Authority opens an investigation in the immunoglobulin market
Romanian Competition Council (Bucharest)
Roumanie 127 contributions 23026 visites
Competition Council opens investigation in the immunoglobulin market* Simultaneous inspections in Romania, Belgium and Italy The Competition Council has opened an investigation regarding an alleged agreement amongst the following producers of normal human immunoglobulins, owning marketing (...)

Unilateral Practices

 The EU Court of Justice holds that the actual effects of the infringement do not have to be taken into account as part of the fine calculation in abuse of dominance cases (Orange Polska)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60801 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
On 25 July 2018 the CJEU dismissed an appeal by Orange Polska SA against a GCEU judgment upholding an EC decision that imposed a fine of more than EUR 127 million on Orange for abusing its dominant position. The CJEU confirmed that, as in the case of a cartel, the EC does not have to take (...)

The French Competition Authority renders legally binding a set of remedies proposed by a media company, leaving its subscribers free to choose their TV decoder to watch its programmes (Canal Plus)
French Competition Authority (Paris)
France 709 contributions 361254 visits
Satellite Pay TV* The Autorité de la concurrence makes the commitments of Groupe Canal Plus binding, leaving its subscribers free to choose their TV decoder to watch its programmes. The complaint A satellite decoder manufacturer lodged a complaint with the Autorité de la concurrence relating (...)

The EU Commission sends a supplementary statement of objection to a manufacturer of LTE baseband chipsets for predatory pricing practices (Qualcomm)
MemeryCrystal
Royaume-Uni 12 contributions 2820 visites
QUALCOMM RECEIVES SUPPLEMENTARY STATEMENT OF OBJECTIONS FROM THE EU COMMISSION IN PREDATORY PRICING INVESTIGATION* Hot on the heels of the announcement of a record antitrust fine imposed by the European antitrust regulator upon another US technology company , the European Commission announced (...)

The EU Commission fines a multinational technology company for abuse of dominant position in the smartphone operating system sector (Google Android)
Baker McKenzie (London)
United Kingdom 2 contributions 2515 visits
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Baker McKenzie (Brussels)
Belgium 5 contributions 4651 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 18 July 2018 the European Commission imposed a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine on (...)

The EU Commission fines a multinational company prompting it to announce new licensing options and structure its business model to comply with the Commission’s decision (Google Android)
Massachusetts Institute of Technology - Sloan School of Management
United States 4 contributions 5451 visits
Google has announced new licensing options and structure in its business model to comply with the Commission’s Android decision. These options came into effect on October 29, 2018. While full details over the announced chances are not yet known, in this piece we attempt to analyze the (...)

The EU Commission fines a multinational technology company for abuse of dominance by imposing illegal restrictions on device manufacturers and mobile network operators (Google Android)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
Antitrust: Commission fines Google €4.34 billion for illegal practices regarding Android mobile devices to strengthen dominance of Google’s search engine* The European Commission has fined Google €4.34 billion for breaching EU antitrust rules. Since 2011, Google has imposed illegal restrictions (...)

The EU Commission fines a Big Tech company €4.34 billion for illegal practices in distribution agreements for its mobile operating system (Google Android)
International Center for Law & Economics (Portland)
United States 14 contributions 7342 visits
The EU’s Google Android antitrust decision falls prey to the nirvana fallacy* Today the European Commission launched its latest salvo against Google, issuing a decision in its three-year antitrust investigation into the company’s agreements for distribution of the Android mobile operating (...)

The EU Commission imposes a record fine on a Big Tech company for restrictions on smartphone manufacturers and mobile network operators (Google Android)
Wolters Kluwer (Chicago)
4 contributions 1141 visits
Record Google fine over restrictions on Android devices draws strong reactions* A record €4.34 billion (approximately $5 billion) fine was imposed on Google last week by the European Commission (EC) in response to the company’s imposition of restrictions on Android device manufacturers and (...)

The EU Commission fines a technology company for abuse of dominance through its smartphone operating system and platform (Google Android)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64166 visits
On 18 July 2018, the European Commission adopted a decision fining Google €4.34 billion for abusing its dominant position by allegedly engaging in various illegal practices regarding the Android mobile platform. According to its press release, the Commission found that Google holds a dominant (...)

The EU Commission fines a tech company for illegal tying in the market for third-party mobile device manufacturing (Google Android)
Secretariat Economists (Washington)
United States 2 contributions 472 visits
European Commission Fines Google for Illegal Tying* The European Commission (“EC”) recently fined Google €4.34 billion, stating that “Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search.” (...)

The Austrian Supreme Court confirms that charging different prices for tickets booked via a global distribution system depending on the location of the customer/travel is abusive (Lufthansa)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
Autriche 2 contributions 209 visites
Introduction On 17 July 2018 the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Kartellobergericht; hereinafter: “Supreme Court”) confirmed a cease and desist order prohibiting Lufthansa from abusing its dominant position by charging different ticket prices based on the (...)

The Hellenic Competition Authority fines a pharmaceutical company for reducing supplies of medicines to wholesalers (GlaxoSmithKline)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64166 visits
On 11 July 2018, the Hellenic Competition Commission (“HCC”) adopted a decision (the “Decision”) fining Glaxosmithkline (“GSK”) a total of €4.1 million for abusing its dominant position in relation to two pharmaceutical products: Imigran (an anti-migraine product) and Lamictal (an anticonvulsant). (...)

The Indian Competition Authority fines a joint venture for denying access to an essential facility in the market for upstream terminalling services (East India Petroleum / South Asia LPG)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40038 visits
CCI imposes penalty on South Asia LPG Company Ltd for abuse of dominant position- a classic case of denial of essential facility* The Competition Commission of India (CCI) by an order dated 11 July 2018, has imposed penalty of INR 19.2 Crore on South Asia LPG Company Ltd (‘SALPG’), a joint (...)

The Hellenic Competition Authority fines a pharmaceutical company for abuse of dominance in the market of migraine medicines (GlaxoSmithKline)
Hellenic Competition Commission (Athens)
Greece 104 contributions 14406 visits
Decision concerning GLAXOSMITHKLINE SA and GLAXOSMITHKLINE plc’s supply policy of medicinal products LAMICTAL, IMIGRAN and SEREVENT in the Greek market, following the partial referral of the case back to the Hellenic Competition Commission (HCC) by the Athens Administrative Court of Appeals and (...)

The Portuguese Competition Authority renders legally binding a set of remedies that expand the scope of postal network access offer of a postal operator to competing operators (CTT)
Portuguese Competition Authority (Lisbon)
Portugal 106 contributions 25995 visits
AdC’s intervention expands the scope of CTT postal network access offer to competing operators and broadens consumer choice* The Portuguese Competition Authority (AdC) adopted a decision which renders legally binding a set of commitments that expand the scope of CTT’s Postal Network Access Offer (...)

The Higher Commercial Court of Ukraine confirms a fine on a company for exploitative practices in certain national airports (Lukoil)
Asters (Kiev)
Ukraine 10 contributions 2501 visites
Headnote: In December 2014, Ukraine International Airlines PJSC (UIA) submitted a complaint against Lukoil Aviation Ukraine LLC (Lukoil) to the Antimonopoly Committee of Ukraine (AMC). Having reviewed the complaint and conducted relevant investigation, the AMC imposed fine on Lukoil in the (...)

Mergers

 The EU Commission clears a merger subject to remedies in the fresh produce distribution market (Total Produce / Dole)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
Mergers: Commission approves Total Produce’s acquisition of Dole, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition by Total Produce of joint control over Dole. Both companies supply bagged salads, bananas and other fresh fruit and (...)

The French Competition Authority fines a retailer and distributor of electronic products for failing to comply with its merger remedies (Fnac / Darty)
French Competition Authority (Paris)
France 709 contributions 361254 visits
Fnac’s acquisition of Darty* The Autorité de la concurrence fines Fnac Darty Group €20 million for failing to divest itself of three stores, which was the pre-condition for clearance of the transaction. The Autorité also orders Fnac Darty to divest itself of two stores in lieu of those that it (...)

The German Government opposes foreign investment in an electrical infrastructure due to security concerns (State Grid / 50Hertz)
McDermott Will & Emery (Paris)
France 119 contributions 60801 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
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McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
Non-EU inward investors in Germany should be aware of recent developments in German Government policy towards foreign investment in strategic infrastructure and security sensitive areas. Electricity infrastructure is an area that is particularly sensitive for strategic and security (...)

The French Competition Authority fines a retailer for failing to comply with its divestment commitments (Fnac / Darty)
McDermott Will & Emery (Paris)
France 119 contributions 60801 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
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McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
On 27 July 2018 the French Competition Authority (FCA) imposed a EUR 20 million fine on Fnac Darty for failing to comply with its divestment commitments following Fnac’s acquisition of the Darty group. This is the first time the FCA has imposed a fine on a company for failing to comply with a (...)

The EU Court of Justice Advocate General Kokott issues an opinion supporting the rights of defence of merging parties (UPS / TNT)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 69949 visites
On 25 July 2018, Advocate General (“AG”) Kokott issued an Opinion in which she concludes that the General Court (“GC”) was correct to annul the Commission’s 2013 decision to prohibit UPS’s acquisition of its package delivery rival, TNT Express. In the decision, the Commission relied upon a “price (...)

The EU Commission opens an in-depth investigation to assess a merger in the market of the supply of rolled copper products and sanitary copper tubes (MKM /KME)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
Mergers: Commission opens in-depth investigation into KME’s proposed acquisition of competing copper products supplier MKM* The European Commission has opened an in-depth investigation to assess the proposed acquisition of MKM by KME, under the EU Merger Regulation. The Commission is concerned (...)

The EU Commission opens an in-depth investigation to assess a merger in the hardware security modules market (Gemalto / Thales)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Gemalto by Thales* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Gemalto by Thales under the EU Merger Regulation. The Commission is concerned that the merger (...)

The French Economic and Finance minister authorises a merger in the food sector, after using his power of re-examination for the first time (Cofigéo / Agripole)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60801 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
Article L. 430-7-1, II of the French Commercial Code provides that the French Minister of Economy and Finance has the power to re-examine a merger within 25 working days after receiving the French Competition Authority (FCA) decision, for reasons of public interest other than safeguarding (...)

The French Ministry of Economy clears a Phase II review and imposes commitments to maintain employment (Cofigeo / Agripole)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 69949 visites
On 19 July 2018, the French Ministry of Economy (“Ministry”) announced a revised clearance of Cofigeo’s acquisition of the ready meals business of Agripole. This is the first time in the history of French merger control that the Ministry has reviewed a transaction on public interest grounds under (...)

The German Competition Authority unconditionally clears a merger between two national copper producers in Phase II despite them being close competitors (Aurubis / Deutsche Gießdrah)
German Competition Authority (Bonn)
Germany 422 contributions 106142 visits
Aurubis can acquire remaining shares in Deutsche Gießdraht* After a merger control decision by the Bundeskartellamt, Aurubis AG, Hamburg, can acquire a further 40 % of the shares in and therefore the sole control of Deutsche Gießdraht GmbH, Emmerich am Rhein. Up to now Deutsche Gießdraht has (...)

The EU Commission opens an in-depth investigation to assess a proposed merger in the rail sector (Siemens / Alstom)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
Mergers: Commission opens in-depth investigation into Siemens proposed acquisition of Alstom* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Alstom by Siemens, under the EU Merger Regulation. The Commission is concerned that the merger may (...)

The EU Commission clears a merger in the telecommunications services market (Austria / T-Mobile)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
Mergers: Commission approves acquisition of UPC Austria by T-Mobile Austria* The European Commission has approved unconditionally under the EU Merger Regulation the proposed acquisition of UPC Austria by T-Mobile Austria. The Commission concluded that the transaction would raise no competition (...)

The Competition and Consumer Commission of Singapore announces a proposed infringement decision for substantial lessening of competition in the market of ride-hailing platform services (Grab / Uber)
King & Wood Mallesons (Melbourne)
Australia 2 contributions 407 visits
1 STAR RATING: SINGAPORE REGULATOR FLAGS UNWINDING OF GRAB/UBER MERGER* On 5 July 2018, the Competition and Consumer Commission of Singapore (CCCS) announced that it had issued a proposed infringement decision against Grab Inc (Grab) and Uber Technologies, Inc (Uber) in relation to the sale of (...)

The EU Commission clears a merger, subject to remedies, in the titanium dioxide pigment market (Tronox / Cristal)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
Mergers: Commission approves Tronox’s acquisition of Cristal, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Cristal by Tronox, both major suppliers of titanium dioxide pigment. The approval is conditional on full compliance with (...)

State Aid

 The EU Commission approves most of a French aid granted to electricity-intensive companies but asks France to recover part of the aid
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
State aid: Commission approves most of the electricity contribution reductions granted to electricity-intensive companies in France in 2003-15 and asks France to recover part of the reductions* The European Commission has approved most of the electricity contribution reductions granted to (...)

The Romanian Ministry of Finance activates approved State aid scheme under which it offers investors non-reimbursable funding for investments made in Romania with significant economic impact
Maravela, Popescu & Asociatii (Bucharest)
Romania 5 contributions 875 visits
1. Introduction On July 30, the Romanian Ministry of Finance issued an order launching the procedure whereby investors may obtain non-reimbursable funding for investments made in Romania. The funding is regulated by Government Decision no. 807/2014 on the setting up of a State aid scheme (...)

The EU Commission approves German aid to promote energy efficiency in rail transport
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
State aid: Commission approves €500 million in German public funding to promote energy efficiency in rail transport* The European Commission has approved under EU State aid rules a German scheme to support railway companies that invest in energy efficiency technologies. The measure will promote (...)

The EU General Court denies video-on-demand distributors’ standing to appeal a Commission decision authorizing a German cinema aid scheme (Netflix / Apple)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60801 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
All State Aid decisions taken by the EC can be subject to an action for annulment. In practice, however, it has been very difficult for complainants to successfully bring admissible actions for annulment of EC decisions approving aid because of EU courts’ strict interpretation of the locus (...)

The EU Commission approves a French aid for a tidal energy demonstration plant (Raz Blanchard)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
State aid: Commission approves French support for tidal energy demonstration plant Raz Blanchard* The European Commission has found a French project promoting electricity generation from tidal energy to be in line with EU State aid rules. The measure will contribute further the EU’s energy and (...)

The EU Commission approves French aid granted to a tidal energy demonstration plant (Raz Blanchard)
French Competition Authority (Paris)
France 709 contributions 361254 visits
State aid: Commission approves French support for tidal energy demonstration plant Raz Blanchard* The European Commission has found a French project promoting electricity generation from tidal energy to be in line with EU State aid rules. The measure will contribute further the EU’s energy and (...)

The EU Court of Justice holds that State aid selectivity can exist for final and intermediary beneficiary (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)
Maastricht University
Belgium 320 contributions 56188 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 Commission assesses retrospectively whether a public loan granted to an undertaking is at a market rate (Železničná)
Maastricht University
Belgium 320 contributions 56188 visits
* Article published on StateAidHub (click here), republished in e-Competitions with the courtesy of the author(s). 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 Commission DG Competition publishes a Code of best practices for the conduct of State aid control procedures in the official Journal of European Union
Maastricht University
Belgium 320 contributions 56188 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 confirms the authorization of a State aid for a new nuclear power plant in UK (Hinkley Point C)
Maastricht University
Belgium 320 contributions 56188 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 Commission confirms public funding for five ferry connections between Croatian islands and the mainland in line with EU State aid rules
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
State aid: Commission approves public funding for five ferry connections between Croatian islands and mainland* The European Commission has found Croatian plans to grant HRK 250 million (€34 million) to ensure regular ferry connections on five routes between Croatian islands and the mainland to (...)

The EU General Court holds that the compatibility of a State aid depends on the rules that are applicable when aid measures produce effects (Buonotourist)
Maastricht University
Belgium 320 contributions 56188 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 Spanish Supreme Court suspends the procedure for the implementation of digital terrestrial television whilst the EU Commission examines the legality and the compatibility of its State aid with the internal market
Judicial Ethics Commission (Madrid)
39 contributions 1883 visits
The Supreme Court suspends the judicial procedure twice, taking into account the initiation by the European Union of the procedure provided for in art. 108.2 of the TFEU, to determine the eventual incompatibility of the National Transition Plan of DTT with the legality of the Union. Background (...)

The EU Commission imposes to Spain to recover around €167 million corresponding to illegal tax benefits granted to a postal operator (Correos)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
State aid: Spain needs to recover around €167 million of incompatible aid from postal operator Correos* The European Commission has found that Correos, the publicly-owned Spanish postal operator, was overcompensated for the delivery of its universal postal service obligation between 2004 and (...)

The EU Commission finds reductions of nuclear levy for electro-intensive users in Slovakia to be in line with EU State aid rules
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2520848 visits
State aid: Commission approves reductions of nuclear levy for electro-intensive users in Slovakia* The European Commission has found Slovakia’s plan to grant reductions on a nuclear levy to certain electro-intensive users to be in line with EU State aid rules. The measure will contribute to the (...)

Procedures

 The EU Commission publishes draft guidelines intended to give national courts guidance in determining the extent to which overcharges based on infringements of Art. 101 and 102 of the TFEU have been passed on to indirect customers, including final consumers
Hausfeld (Düsseldorf)
United States 2 contributions 106 visits
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Hausfeld (Berlin)
Germany 2 contributions 106 visits
Following the European Directive 2014/104/EU on damages actions for breaches of EU antitrust law (“Damages Directive”), which strengthens the right to compensation for indirect customers of the cartelists, the European Commission (“Commission”) published draft guidelines intended to give national (...)

The Spanish High Court annuls a decision of the Competition Authority that had validated an investigation order to carry out inspections in a company in the automotive industry (Spanish Competition Authority / Faurencia Automotive)
CMS Albiñana y Suárez de Lezo (Madrid)
Spain 5 contributions 2409 visits
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CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3048 visits
THE SPANISH HIGH COURT REINFORCES THE REQUIREMENTS TO ISSUE INSPECTION ORDERS BY THE SPANISH COMPETITION AUTHORITY On 25 July 2018, the High Court (Audiencia Nacional) adopted a ruling by which it annulled a decision of the Spanish Competition Authority (Comisión Nacional de los Mercados y la (...)

The Supreme Court of Spain rules that the ‘fortuitous discovery’ doctrine holds special cassation relevance and admits several appeals to clarify and develop this doctrine (IRMASOL)
CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3048 visits
Between June and July 2018, the Spanish Supreme Court has granted leave to proceed to several appeals in competition law cases by means of Orders that recognised the special cassation relevance of the ‘fortuitous discovery’ doctrine. In these appeals, the Supreme Court will analyse the substance (...)

The EU Court of Justice clarifies territorial jurisdiction criteria for damages proceedings resulting from competition infringements (FlyLAL)
Court of First Instance of Namur (Namur)
Belgique 225 contributions 45445 visites
On 5 July 2018, the Court of Justice of the European Union (ECJ) rendered a preliminary ruling on territorial jurisdiction in a long-running dispute brought by Lithuanian Airlines (“flyLAL”) against Air Baltic and Riga Airport. The case was referred to the ECJ by a Lithuanian court in order to (...)

The EU Court of Justice clarifies jurisdiction in tortious claims and claims relating to acts of branches, which arise from competition infringements (Flylal-Lithuanian Airlines)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6851 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60801 visites
,
Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6503 visits
On 5 July 2018, the CJEU handed down a judgment in response to a request for a preliminary ruling from the Lithuanian Court of Appeal in which it provided welcome clarifications of the interpretation of Articles 5(3) and 5(5) of Regulation No 44/2001 (Brussels I Regulation). These articles (...)

Regulatory

 The French Competition Authority makes new recommendations to encourage the establishment of new notary offices
French Competition Authority (Paris)
France 709 contributions 361254 visits
Freedom of establishment for notaries: proposed map for 2018-2020* The process of gradually opening up the notarial profession is producing encouraging results and must continue. Pursuant to the “Macron Law”, the Autorité is making new recommendations to encourage the gradual establishment of (...)

The Chinese MOFCOM publishes the draft of its new measures which aims to loosen terms regulating foreign strategic investment into Chinese listed companies, further open up the stock market and encourage strategic investments by foreign investors
Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 1 contribution 49 visits
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Freshfields Bruckhaus Deringer (Beijing)
China 7 contributions 3522 visits
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Freshfields Bruckhaus Deringer (Beijing)
Hong Kong 2 contributions 295 visits
…
On 30 July 2018, China’s Ministry of Commerce ("MOFCOM"), together with five other ministries, published the draft of the amended Administrative Measures of Foreign Investors Making Strategic Investment into Chinese Listed Companies ("Draft New Measures") and invited comments to be submitted by (...)

The UK Payment Systems Regulator announces a market review into the supply of card-acquiring services
Covington & Burling (London)
United Kingdom 6 contributions 1300 visits
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Taylor Wessing (London)
United Kingdom 1 contribution 529 visits
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Willkie Farr & Gallagher (London)
United Kingdom 3 contributions 5270 visits
The UK Payment Systems Regulator (PSR) announced on 24 July 2018 its intention to carry out a market review into the supply of card-acquiring services. The PSR has released its draft Terms of Reference (“ToR”) and is seeking feedback on consultation questions. Card payments are now more common (...)

The Botswana Minister of Investment, Trade and Industry welcomes voluntary peer review of legal and institutional competition framework
United Nations Conference on Trade and Development (UNCTAD)
Switzerland 12 contributions 693 visits
Botswana greets scrutiny of competition law and policy* Botswana welcomes voluntary peer review of legal and institutional competition framework, underlining its government’s commitment to a fair business environment and protecting consumers. Citizens of Botswana can look forward to improved (...)

The Democratic Republic of Congo implements the “Competition Act” which abrogates and replaces a set of laws dated from colonial and post-independence times
Herbert Smith Freehills (Paris)
France 1 contribution 320 visits
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Herbert Smith Freehills (Johannesburg)
South Africa 1 contribution 320 visits
,
Herbert Smith Freehills (Paris)
France 93 contributions 43806 visits
…
On 9 July 2018, the Democratic Republic of Congo (“DRC”) joined the group of African countries that have recently established modern domestic competition law regimes, after President Joseph Kabila signed into law the Organic Law no. 18/020 on Pricing Freedom and Competition (the “Competition Act” (...)

The UNCTAD meeting of experts examines competition issues for developing country regulators in the market for audio-visual rights to sports events
United Nations Conference on Trade and Development (UNCTAD)
Switzerland 12 contributions 693 visits
Audio-visual sports rights experts step up to the plate* The battle for audio-visual rights to sports events is as fierce as the action on the field, and competition regulators in developing countries must be prepared to play the game. With half the globe glued to screens for the soccer World (...)

International

 Spain: The Spanish Supreme Court confirms the annulment of a decision amending a Statement of Objections and establishes that broadening the time scope of the alleged infringement is not a correction of a material error but a modification of the facts of the accusation, which is not permitted by law (Nestlé España)
Baker McKenzie (Madrid)
Spain 32 contributions 24713 visits
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MLAB Abogados (Madrid)
Spain 39 contributions 5824 visits
By Judgement of 24 July 2018, issued in appeal n° 2665/2016, the Supreme Court has confirmed the Judgement of 11 July 2016 of the Audiencia Nacional (appeal n° 343/14) deciding on the appeal by Nestlé España S.A. against the decision of the Council of the Spanish Competition Authority (the “CNMC”) (...)

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