June 2013

Anticompetitive practices

 The Danish Competition Authority cartel settles with a domestic distributor of leisure weapons (HG Agencies)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 127 contributions 34947 visits
Distributor of leisure weapons pays fine in settlement for resale price maintenance* On June 30, 2013, the owner of the company HG Agencies (a Danish distributor of leisure weapons) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the (...)

The Danish Competition and Consumer Authority enters into a settlement with distributor of leisure weapons in a resale price maintenance case (HG Agencies)
Plesner (Copenhagen)
Denmark 41 contributions 74129 visits
On 30 June 2013, the owner of the Danish distributor of leisure weapons, HG Agencies entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on one of its dealers. Under the (...)

The Italian Competition Authority opens an investigation into an alleged ferry cartel in the strait of Messina (Caronte&Tourist, Rete Ferroviaria Italiana)
Municipality of Cagliari
159 contributions 131123 visits
Following the receipt of many complaints filed by several passengers between 2009 and 2013 reporting steady increases in the fares applied by ferry operators in the Strait of Messina, the Italian Competition Authority (ICA) has recently opened an Article 101 TFEU investigation. The proceedings (...)

The Turkish Competition Authority releases its Horizontal Agreements Guidelines and Communication on Specialization Agreements, thus aligning its acquis to the EU competition regime
Enerjisa (Istanbul)
4 contributions 712 visits
Guidelines on Horizontal Cooperation Agreements are released* TCB released the long-awaited Guidelines on Horizontal Cooperation Agreements (Horizontal Agreements Guidelines) and the Block Exemption Communiqué Concerning Specialization Agreementson 26 June 2013. The Horizontal Agreement (...)

The Danish Competition Authority accepts commitments from a purchasing association for pharmacists in relation to decision to exclude a member (Uldum Apotek / A-apoteket)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 127 contributions 34947 visits
Competition Council accepts commitments from Denmark’s largest purchasing association for pharmacists* On 26 June 2013 the Danish Competition Council accepted commitments from A-apoteket – a purchasing association for pharmacists – on the basis of concerns that a decision taken by the association (...)

The Court of Appeal of Paris faces the difficult adequacy between efficiency of private enforcement and the principles of the French Civil Trial (JCB v. Central Parts)
Fieldfisher (Paris)
France 2 contributions 883 visits
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The Nilson Law Group (New York)
United States 1 contribution 434 visits
In its decision dated 26 June 2013, the Court of Appeal of Paris considered that only the harm suffered because of anticompetitive practices implemented for a period of 10 years before they stopped could be compensated. By taking this ruling, it strictly applied the French procedural rules for (...)

The Polish Competition Authority reminds franchisors that resale price maintenance is a hardcore violation of competition law (Sfinks Polska)
Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 2341 visits
In its unprecedented decision of 25 June 2013 in Sfinks Polska, the President of the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the UOKiK), established a list of competition law “don’ts” in franchise agreements. While the UOKiK’s jurisprudence in relation to (...)

The Polish Competition Authority imposes fines on a franchisor for practising fixed and minimum prices of goods on its trading partners (Sfinks Polska)
WKB Wiercinski Kwiecinski Baehr (Poznan)
Poland 14 contributions 10873 visits
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WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 6 contributions 3462 visits
Franchise networks under siege from the Polish competition authority over alleged RPM arrangements* In its decision of 25 June 2013, the Polish competition authority has fined Sfinks Polska the amount of PLN 464,228.92 (approximately €107,000) for imposing fixed resale prices on its (...)

The French National Competition Authority receives commitments from four shipping companies concerning competition in the sector of ship transport of freight to the French West Indies
European Automobile Manufacturers Association - ACEA (Brussels)
Belgium 4 contributions 1264 visits
The French Competition Authority received commitments from four maritime transport companies which it concludes would revitalise competition between operators on shipping routes to the French West Indies and lower the price of goods for consumers in the French overseas departments. On 3rd (...)

The Competition Commission of South Africa reaches settlement with 15 construction firms in respect of collusive tendering and related collective penalties (Aveng)
Primerio (Hamburg)
Germany 46 contributions 10167 visits
Soccer fields, SRAM, and Sotheby’s? Fast-track settlements in ZA construction probe yield €113m* What do soccer stadiums, LCD panels, and lysine** have in common? Price-fixing might be one answer. Record antitrust fines might be another, closely related, response. The South African (...)

The Finnish Supreme Administrative Court fines industry association for prohibited price recommendations
Finnish Competition and Consumer Authority (Helsinki)
Finland 72 contributions 12200 visits
The Supreme Administrative Court fines industry association for prohibited price recommendations* The Supreme Administrative Court gave the decision to the Finnish Hairdressers’ Association on 14 June 2013 regarding the pricing recommendations that the association had provided from 2000-2006. (...)

The EU Court of Justice upholds the ruling that adjudication on the merits would be devoid of purpose since the applicant did not have sufficient interest in the matter at the time he brought his challenge to the Commission’s decision (Guillermo Cañas)
Blackstone Chambers (London)
United Kingdom 5 contributions 986 visits
Cañas: no sufficient interest in showing anti-competitive rules* Retirement comes too soon for many professional sports players, but for Guillermo “Willy” Cañas, an Argentinean tennis player once ranked world number 8, there was yet more to be lost upon retirement than just the tournament prizes (...)

The EU Commission fines pharmaceutical companies for delaying market entry of generic medicines (Lundbeck)
Ashurst (Milan)
France 102 contributions 28828 visits
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RSM US (New York)
United States 3 contributions 922 visits
European Commission fines Lundbeck and other pharmaceutical companies for delaying market entry of generic medicines* On 19 June 2013 the European Commission issued a press release stating that it had imposed fines in the amount of € 93,8 million on Lundbeck (a Danish pharmaceutical company) (...)

The EU Commission fines pharmaceutical companies for delaying market entry of generic medicines through pay-for-delay agreements (Lundbeck)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
European Commission: Lundbeck and other Pharmaceutical Companies fined for delaying Market Entry of Generic Medicines through pay-for-delay Agreements* On 19 June 2013, the European Commission (the Commission) imposed a fine on the Danish pharmaceutical company Lundbeck and a number of (...)

The EU Commission imposes fines totaling up to €145 million on a Danish pharmaceutical group over pay-for-delay agreements (Lundbeck)
Van Bael & Bellis (Brussels)
Belgium 15 contributions 4295 visits
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British American Tobacco (Stockholm)
Sweden 1 contribution 1065 visits
On 19 June 2013, the European Commission announced that it had imposed a fine of € 93.8 million on Danish pharmaceutical group Lundbeck and fines totalling € 52.2 million on several generic medicines producers over their conclusion of so-called “pay-for-delay” agreements intended to hinder the (...)

The Belgian College of Competition Prosecutors confirms that the Competition Authority started conducting dawn raids at the premises of certain companies active on the market for fresh yeast
Van Bael & Bellis (Brussels)
Belgium 10 contributions 5757 visits
In a press release of 19 June 2013, the College of Competition Prosecutors confirmed that the competition authority had started conducting dawn raids on 18 June 2013 at the premises of certain companies active on the Belgian market for fresh yeast. The competition authority is looking for (...)

The EU Court of Justice rules, in a transport sector case, on the interpretation of Article 101 TFEU and establishes that undertakings cannot escape fine liability on account of qualified legal advice (Schenker)
University of Amsterdam
Netherlands 7 contributions 1059 visits
The principle of fault in EU competition law: C-681/11 Schenker & Co and others* In C-681/11 Schenker & Co and others this was more or less the defence a couple of Austrian transport companies came up with after being fined for infringing competition rules. Those companies had received (...)

The EU Court of Justice decides that a firm that has infringed Article 101 TFEU is unable to escape the imposition of a fine merely because the illegality of its conduct was erroneously assessed by its legal counsel (Schenker)
Lexing (Liège)
Belgium 20 contributions 15932 visits
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Milia Chamas (Liège)
Belgium 1 contribution 361 visits
I. The Parties The Bundeswettbewerbsbehörde, the Federal Competition Authority in Austria. The Bundeskartellanwalt, the Federal Cartel Lawyer in Austria. Thirty-one undertakings, including inter alia Schenker & Co. AG (“Schenker”), members of the Spediteur-Sammelladungs-Konferenz (the (...)

The EU Court of Justice rules that reliance on legal advice or decisions of NCAs does not preclude imposition of fines for infringing Art. 101 TFEU (Schenker)
European Commission - DG CNECT (Brussels)
Belgium 4 contributions 1858 visits
In a reference for a preliminary ruling under Article 267 TFEU, made by the Oberster Gerichtshof (Austria) on 5th December 2011, the EU Court of Justice was asked to respond to the following question; whether a fine may be imposed, in case of an infringement of Art.101 TFEU, when the (...)

The US Supreme Court holds that patent protection does not confer immunity from an antitrust attack (Actavis)
Ashurst (Milan)
France 102 contributions 28828 visits
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RSM US (New York)
United States 3 contributions 922 visits
U.S. Supreme Court reverses Eleventh Circuit opinion in FTC v. Actavis, Inc* On 17 June 2013, the U.S. Supreme Court (“the Court”) reversed a decision by the Court of Appeals (Eleventh Circuit). The Court of Appeals had upheld a dismissal of a complaint made by the Federal Trade Commission (...)

The US Supreme Court establishes a rule that blurs the lines between antitrust and patent law (Actavis)
Sheppard Mullin (Chicago)
United States 1 contribution 263 visits
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Robinson & Cole (New York)
United States 6 contributions 1810 visits
FTC v. Actavis: What Does It Mean for Reverse-Payment Settlements?* On June 17, 2013, the United States Supreme Court announced a rule that blurs the lines between antitrust and patent law in the context of Hatch-Waxman litigation. In FTC v. Actavis, 570 U.S. 756 (2013), the Federal Trade (...)

The US Supreme Court holds that reverse payments settlements diminishes competition (Actavis)
Covington & Burling (Washington)
United States 16 contributions 10631 visits
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Rule Garza Howley (Washington)
France 8 contributions 408 visits
On Monday, June 17, the Supreme Court in FTC v. Actavis, Inc., 570 U.S. __ (2013) (“FTC Slip Op.”), addressed whether “reverse payment” settlements of Hatch-Waxman ANDA patent litigation “unreasonably diminish competition in violation of the antitrust laws.” FTC Slip Op. at 1. In a 5-3 decision, the (...)

The US Supreme Court opens reverse payment patent settlement agreements to antitrust challenge (Actavis)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38665 visits
A “reverse payment” settlement agreement is not entitled to “near-automatic antitrust immunity” simply because its anticompetitive effects fall within the scope of the exclusionary potential of the patent, the U.S. Supreme Court ruled earlier this week in a five-to-three decision. Although such (...)

The US Supreme Court rules that a payment by a patentee to a generic manufacturer may constitute an infringement of antitrust law (Actavis)
Dechert (San Francisco)
United States 25 contributions 8812 visits
Why FTC v. Actavis Won’t Shift the Border Between IP and Antitrust Law* The Supreme Court’s recent decision in Federal Trade Commission v. Actavis, Inc., No. 12-416, U.S (2013), has generated a lot of commentary recently. Some articles have suggested that the decision may expose certain (...)

The US Supreme Court holds that “reverse payment” patent settlements between brand-name drug manufacturers and would-be generic competitors should be reviewed under the antitrust rule of reason (Actavis)
Arnold & Porter Kaye Scholer (Brussels)
Belgium 2 contributions 670 visits
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Latham & Watkins (San Francisco)
United States 1 contribution 325 visits
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Arnold & Porter Kaye Scholer (Washington)
United States 2 contributions 643 visits
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On Monday, June 17, the Supreme Court handed down a decision in FTC v. Actavis, Inc., bringing some clarity to the antitrust treatment of so-called reverse payment patent settlements between brand-name drug manufacturers and would-be generic competitors, but leaving many open questions as (...)

The US Supreme Court holds that reverse-payment in patent settlements should be reviewed under the antitrust rule of reason (Actavis)
Milbank (Washington)
United States 7 contributions 5691 visits
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Wilson Sonsini Goodrich & Rosati (San Francisco)
United States 3 contributions 2484 visits
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O’Melveny & Myers (Washington)
United States 1 contribution 435 visits
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But Decision Raises as Many Questions as it Answers The Supreme Court yesterday held that it may be unlawful under the antitrust laws for a brand-name drug manufacturer to resolve patent litigation against an allegedly infringing generic drug maker by paying the generic to forestall market (...)

The Latvian Competition Authority decides to fine 26 construction companies for a bid rigging cartel
Latvian Competition Council (Riga)
Latvia 116 contributions 22688 visits
Competition Council fines 26 construction companies for participation in a cartel* On June 17, the Competition Council (CC) took a decision to fine 26 construction companies for bid rigging altogether in more than 300 procurements of electro-construction works. The total fine was set at the (...)

The US Supreme Court issues first ruling on antitrust legality of reverse-payment drug patent settlements (Actavis)
Rutgers University (New Brunswick)
United States 26 contributions 23550 visits
On June 17, 2013, in FTC v. Actavis, the U.S. Supreme Court for the first time examined the antitrust legality of agreements by which brand-name drug companies pay generics to delay entering the market. Justice Stephen Breyer wrote the majority opinion for five Justices, concluding that these (...)

The US Supreme Court rules that the “pay for delay” settlements in the pharmaceutical sector are to be analyzed under the rule of reason (Actavis)
European Commission - DG CNECT (Brussels)
Belgium 4 contributions 1858 visits
Facts In 1999, Solvay Pharmaceuticals filed a New Drug Application (NDA) for a topical testosterone hormone drug, called Androgel. In 2003, Solvay obtained patent protection for it. Subsequently, the generic companies Actavis (before Watson Pharmaceuticals) and Paddock Laboratories filed an (...)

The Canadian Court of Appeal of Alberta dismisses an action for damages in a conspiracy claim against joint purchasers in the oil industry (Alberta / Husky Oil Operations)
Conzen O’Connor (Toronto)
23 contributions 5008 visits
No pot of gold at the end of the Rainbow* A decision by joint operators of an oil field to use a single fluid hauler was not an unlawful conspiracy, the Alberta Court of Appeal held recently, overturning a 2011 decision that awarded about $8 million to the loser of a competitive bidding (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on manufacturers of high-fructose corn syrup and manufacturers of starch syrup and glucose for having implemented a price-fixing agreement (HFCS)
Japan Fair Trade Commission (Tokyo)
Japan 129 contributions 23007 visits
The JFTC Issued Cease and Desist Orders and Surcharge Payment Orders to Manufacturers of High-Fructose Corn Syrup and Manufacturers of Starch Syrup and Glucose* The Japan Fair Trade Commission (JFTC) today issued cease and desist orders and surcharge payment orders to manufacturers of specific (...)

The EU Court of Justice upholds the General Court’s ruling in a synthetic rubber cartel case (Versalis)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90680 visits
On 13 June 2013, the European Court of Justice (“ECJ”) handed down a ruling upholding the General Court’s (“GC”) judgment of 13 July 2011 that reduced from € 272.25 million to € 181.5 million the fine imposed on Versalis, a subsidiary of Italian oil company Eni, for its participation in a cartel (...)

A New Zealand High Court approves settlement in a long-running air cargo cartel case (Air New Zealand)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21493 visits
Press releases published on New Zealand Commerce Commission Air New Zealand final airline to settle with Commerce Commission in air cargo case* The High Court has approved a settlement under which Air New Zealand will pay a $7.5 million penalty for price-fixing in breach of the Commerce Act. (...)

The Danish Competition Council finds refusal to supply and restrictions to parallel trade in railway spare parts sector (Deutz / Diesel Motor Nordic)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
Denmark: The Competition Council finds Refusal to Supply and Restrictions to Parallel Trade in Railway Spare Parts Sector* On 12 June 2013, the Danish Competition Council (DCC) ruled that Deutz AG (Deutz) and Diesel Motor Nordic A/S (Diesel Motor Nordic) have infringed the Danish and European (...)

The Italian Competition Authority penalizes four ferry operators for fixing fares for Sardinia-Continental maritime routes (Sardinia Ferry Fares)
Municipality of Cagliari
159 contributions 131123 visits
By a decision made on 11 June 2013 in the Sardinia Ferry Fares the Italian Competition Authority (ICA) has detected a price-fixing agreement affecting the maritime connection between Sardinia and Continental Italy . Moby, SNAV, Grandi Navi Veloci and Marinvest were found to have coordinated (...)

The Italian Competition Authority fines ferry operators for parallel behaviour in a price fixing case (Tariffe Traghetti Da/Per la Sardegna)
Studio Legale Scoccini (Rome)
Italy 13 contributions 6070 visits
The Italian Competition Authority (the “ICA”) is currently looking closely at the maritime sector. The authority is involved in two cartel proceedings: one concerns the passenger maritime sector in the Gulf of Naples and the other one the maritime routs in the Strait of Messina. In addition, it (...)

The French Competition Authority fines associations of veterinaries for entering into an anticompetitive agreement (Conseil Regional de l’Ordre des Vétérinaires d’Alsace & Section du Bas-Rhin du Syndicat National des Vétérinaires d’Exercice Libéral)
French Competition Authority (Paris)
France 727 contributions 380069 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines the Conseil Regional de l’Ordre des Vétérinaires of Alsace [1] and the Veterinary Surgeons’ Union of Bas-Rhin for entering into an anticompetitive agreement*. Today, the (...)

The Slovenian Supreme Court upholds the Competition Authority’s decision finding that driving schools fixed minimum prices (Driving Schools)
Fatur Menard (Ljubljana)
Slovenia 20 contributions 53581 visits
Introduction In the Driving School case, the Slovenian Competition Protection Office (hereinafter referred to as the CP0) adopted a decision in April 2011 (Case 306-13/2010/27) where it held that the five driving schools in the Kranj region (i.e. Avtošola Stop d.o.o., Praktikum d.o.o., Avtošola (...)

The South Korean Appellate Court prevents the worst-case scenario where no sanction is imposed on both price-fixers in the flat glass industry by siding with the South Korean FTC (Han-Kuk Glass Industry / Kum-Kang Corea Chemical)
Trinity Legal (Seoul)
3 contributions 756 visits
Case Summary The Korean Fair Trade Commission (“KFTC”) imposed fines on cartels in the flat glass industry in June of 2013 for violation of Article 19 of the Monopoly Regulation and Fair Trade Act of Korea.] Han-Kuk Glass Industry (“HGI”) and Kum-Kang Corea Chemical (“KCC”) had participated in (...)

The EU Court of Justice rules that Austrian law does not strike an adequate balance between the rights of claimants seeking follow on damages and the rights of defendants to keep confidential their leniency agreements (VDMT / Donau Chemie / Donauchem / DC Druck-Chemie Süd / Brenntag Austria / ASK Chemicals)
ICC France (Paris)
France 36 contributions 8659 visits
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Hogan Lovells (Paris)
France 21 contributions 5459 visits
Brief summary of facts On 26 March 2010, the Oberlandesgericht Wien sanctioned several companies for infringing Article 101 TFEU on the market for wholesale distribution of printing chemicals. Fines amounted to EUR 1.5 million. Although companies appealed, this decision was upheld. The VDMT, (...)

The EU Court of Justice grants access to a national competition file to applicants seeking compensation for damages deriving from the violation of EU competition rules (Donau Chemie)
European Court of Justice (Luxembourg)
Belgium 1 contribution 324 visits
Factual and legal background In its judgment of 6th of June 2013, the Court of Justice ruled on the possibility to grant access to a competition file to applicants seeking compensation for damages deriving from the violation of EU competition rules. Before analyzing the merits of the judgment, (...)

The Finnish Competition and Consumer Authority recommends a swift review of regulation of store locations in order to improve competition
Finnish Competition and Consumer Authority (Helsinki)
Finland 72 contributions 12200 visits
FCCA recommends a swift review of regulation of store locations in order to improve competition* A report Regulation of store locations – Perspective of entry and competition published on 6 June 2013 by the Finnish Competition and Consumer Authority finds that, if the regulation of store (...)

The German Mediation Committee reaches compromise between Parliament and German States on the long-awaited 8th reform of the German Act against restraints of competition
Bird & Bird (Dusseldorf)
Germany 19 contributions 3895 visits
Reform of the Act against Restraints of Competition (GWB): Federal Cartel Office to Loose Price Control of Public Law Utility Fees* The Mediation Committee of the Bundestag and the Bundesrat today reached a compromise on the long-awaited 8th reform of the German Act against Restraints of (...)

The Italian Competition Authority opens an investigation against eight insurance companies for breach of Art. 101 TFEU (Agenti monomandatari)
BonelliErede (Rome)
Italy 41 contributions 53822 visits
By its decision of 5 June 2013, the Italian Competition Authority (‘ICA’ or ‘Authority’) initiated an investigation against eight of the biggest insurance companies active in Italy, in order to verify if in the vertical agreement between each insurance company and its agents (‘agency contracts’), (...)

The Spanish Competition Commission fines the engineering sectorial and professional associations for issuing price recommendations (TECNIBERIA and CICCP)
European Commission - DG COMP (Brussels)
Belgium 7 contributions 2061 visits
On 4 June 2013 the Spanish Competition Commission (“CNC”) adopted a resolution imposing a fine of €400,000 on the Spanish Association of Engineering, Consulting and Technology Firms (Asociación Española de Empresas de Ingeniería, Consultoría y Servicios Tecnológicos, hereafter “TECNIBERIA”) and on the (...)

The Tirana District Court quashes a decision of the Albanian NCA on bid rigging in the security and guarding services public procurement (Eurogjici)
University of Tirana
Albania 4 contributions 1091 visits
On December 2012 the Tirana Court of Appeals, handed down a decision on quashing a decision of the Albanian Competition Authority (ACA), on a bid rigging in the public procurement of security and guarding services by various public institutions and companies in Albania. This decision imposed a (...)

The New Zealand Government proposes new anti-cartel law with collaborative activity exemption that highlights flaws in Australian joint venture exceptions
Brent Fisse Lawyers (Paddington)
Australia 3 contributions 1294 visits
1. The collaborative activity exemption under the proposed anti-cartel amendments to the Commerce Act 1986 (NZ) In May 2013 the NZ Commerce Committee recommended that the Commerce (Cartels and Other Matters) Amendment Bill 2011 (NZ Anti-Cartel Bill) be passed with various amendments. The Bill (...)

The Brazilian Competition Authority suggests the conviction of car manufacturer and its car dealers for bid rigging in ambulance public tender (General Motors)
Inglez, Werneck, Ramos, Cury e Françolin Advogados (Sao Paulo)
Brazil 4 contributions 3334 visits
The Brazilian competition authority in charge for the investigation of antitrust violations – CADE’s General Superintendence (“SG”) – has suggested the conviction of General Motors (“GM”), and two of its car dealers HDM Ditribuidora de Veículos Ltda. (“HDM”) and Itororó Brás Veículos e Peças Ltda. (...)

The Lithuanian Regional Administrative Court of Vilnius decides to reduce the fines imposed for an illegal agreement for cash-in-transit and cash handling services markets (G4S / DNB / SEB / Swedbank)
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19302 visits
Court upholds the KT‘s decision on the infringement but reduces the fines imposed on G4S and banks* On 18 June 2012, Vilnius Regional Administrative Court (Court) upheld the Competition Council’s (Konkurencijos taryba, KT) decision of 20 December 2012, according to which, UAB G4S Lietuva (G4S) (...)

Unilateral Practices

 The Finnish Market Court issues an interim decision in a predatory pricing case concerning the dairy products sector (Valio)
University of Helsinki
Finland 12 contributions 3290 visits
The Finnish Market Court has issued an interim decision in a major predatory pricing case. The case concerns a decision and proposal for imposing fines by the Finnish Competition Authority on 20.12.2012. In its decision, the Competition Authority ordered Valio Ltd, a Finnish processed dairy (...)

A French Court of Appeal dismisses claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs infringes Article 102 and 106 TFEU (Hurstel-Koenig)
Baker Botts (Brussels)
Belgium 15 contributions 5117 visits
In three identically worded judgments dated 28 June 2013, the Court of appeal of Colmar (hereinafter the ‘Court of appeal’) dismissed claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs amounts to a State measure contrary to Article 102 TFEU read in (...)

The Finnish Market Court upholds the Competition Authority’s decision ordering the cessation of the predatory pricing on the market for dairy products (Valio)
Finnish Competition and Consumer Authority (Helsinki)
Finland 72 contributions 12200 visits
Market Court: Valio must comply with Finnish Competition and Consumer Authority decision in spite of appeal* In an interim decision handed down on 28 June 2013, the Market Court rejected an appeal by Valio, in which it applied for a prohibition on implementation in the case concerning the (...)

The French Competition Authority declines to impose emergency measures on the passenger transport sector (Transdev / SNCF)
French Competition Authority (Paris)
France 727 contributions 380069 visits
The Autorité de la concurrence declines to impose emergency measures against SNCF, but will continue to investigate the merits of TRANSDEV’s complaint*. TRANSDEV filed a complaint with the Autorité de la concurrence against practices implemented in the public transport sector by the SNCF Group (...)

The Czech Supreme Administrative Court confirms that a failure to timely notify the suspension of public road transportation services amounts to an abuse of a dominant position under Czech law (DPÚK)
Czech Ministry of Justice (Prague)
Czech Republic 30 contributions 80716 visits
By a judgement rendered on 26 June 2013, the Supreme Administrative Court of the Czech Republic dismissed an appeal by Dopravní podnik Ústeckého kraje (DPUK), a bus line operator, against a lower-tier court judgement relating to an abusive suspension of public road transportation services. The (...)

The Portuguese Supreme Court clarifies the conditions regarding the existence of an abuse of economic dependence (Toyota)
Sérvulo (Lisbon)
Portugal 18 contributions 25834 visits
The recent Toyota Portugal judgment of the Supreme Court of Justice (Supremo Tribunal de Justiça) provides a clear-cut opportunity to, even briefly, examine the current stances on the abuse of economic dependency (also known as relative dominance), i.e., the practice where one undertaking (...)

The UK OFCOM dismisses the case in pricing wholesale calls and distinguishes between technical margin squeeze and abuse of dominance (Thus / Gama Telecom / BT)
UK Competition & Markets Authority - CMA (London)
United Kingdom 19 contributions 21335 visits
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CRA International (Sydney)
Australia 1 contribution 196 visits
When is a margin squeeze not an abuse?* On 20 June 2013 Ofcom closed its long-running investigation of BT’s pricing of its Wholesale Calls product with a “no grounds for action” decision. The investigation, which commenced in August 2008, focused on allegations of margin squeeze made by THUS plc (...)

The Portuguese Supreme Court increases the award of damages for the illegal termination of an agreement and abuse of economic dependence in the automobile sector (AUTO-AA / SC COMÉRCIO / SC- INDÚSTRIAS)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 23 contributions 2627 visits
Brief summary of facts AUTO-AA concluded a concession agreement with SC-COMÉRCIO and SC-INDÚSTRIAS, agreeing to buy and sell Toyota and Lexus motor vehicles. In 2004, SC-COMÉRCIO and SC-INDÚSTRIAS terminated the agreement. AUTO-AA filed a suit claiming damages namely on the basis of an abuse of (...)

The UK High Court refuses interim injunction against the refusal to grant access to the airport coach terminal even though an arguable case of abuse made out as damages would be an adequate remedy if abuse established at trial (Arriva The Shires / London Luton Airport Operations)
St John’s Chambers (Bristol)
United Kingdom 15 contributions 5530 visits
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The Turkish Competition Authority fines a telecom company, suspected of abusing its dominant position, for obstructing the inspection of its business premises during an ongoing investigation (TTNET)
Boğaziçi University (Istanbul)
4 contributions 771 visits
I. BACKGROUND TTNET is the Turkey’s largest broadband provider and a subsidiary of Turk Telekom Group. The Turkish Competition Authority (TCA) had started proceedings due to the complaints received against TTNET. These complaints focused on two main allegations. As such were, on the one hand, (...)

The US Supreme Court reverses the judgment of the Court of Appeals for the Eleventh Circuit and leaves the structuring of the rule of reason antitrust litigation to the lower courts (Actavis)
Cleveland University - Marshall School of Law
United States 12 contributions 13110 visits
Just What on Earth Did Actavis Really Say? And Does It Mean Something for Section 1 More Broadly?* It’s going to be a strict, nearly-per-se quick look rule, folks, in more or less every reverse-payment case likely to be brought from here on out. Dollars-to-donuts. A few weeks have gone by, (...)

The Japanese Congress enacts the Pass-on Consumption Tax Act (POCTA) to prevent exploitative abuse when consumption tax rates are raised in the near future
University of Tokyo
Japan 2 contributions 1229 visits
Japan has enacted an Act which is relevant to discussion of exploitative abuse. The Act in question is the Pass-on Consumption Tax Act (Act No. 41 of the 12th June 2013), termed “POCTA” in this essay. 1. Overview Japan plans to raise consumption tax rates (from 5% to 8%) on the 1st April 2014 (...)

The Danish Competition Authority issues an order to stop refusal of supply and restrictions to parallel trade within the railway engine spare part sector (Deutz)
Plesner (Copenhagen)
Denmark 41 contributions 74129 visits
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Horten (Copenhagen)
1 contribution 354 visits
On 12 June 2013, the Danish Competition Council (“DCC”) held that the German manufacture of industrial engines Deutz AG (“Deutz”) and their exclusive dealer in Scandinavia, Diesel Motor Nordic A/S (“Diesel Motor Nordic”), had infringed Danish and European competition law (section 6 and 11 of the (...)

The Portuguese Competition Authority imposes a fine of € 3.73 M on a TV operator for having abused its dominant position on the market for access to premium sports content (Sport TV)
European Central Bank (Frankfurt)
Germany 2 contributions 2784 visits
On 6 June 2013, the Portuguese Competition Authority (“PCA”) imposed a fine of € 3.73 million on Sport TV Portugal for having abused its dominant position on the market for access to premium sports content by signing discriminatory distribution agreements with pay- TV operators between (...)

The Finnish Market Court finds no error by the Competition Authority in not investigating alleged abuse by a national sports federation (Suomen Ampumaurheiluliitto)
University of Helsinki
Finland 12 contributions 3290 visits
The Finnish Market Court has found that a decision by the national Competition Authority to dismiss a complaint about a sports federation was appropriate. X, a Finnish shooting sports athlete, had filed a complaint (a request for investigation) with the Finnish Competition Authority, submitting (...)

The Italian Court of Milan issues a judgment finding an abuse of dominant position by the airline company, in violation of Article 102 TFEU, consisting in the refusal to grant to online travel agencies access to the information on its flight tickets (Ryanair)
Legance - Studio Legale (Rome)
Italy 21 contributions 31047 visits
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Legance - Studio Legale (Rome)
Italy 12 contributions 12757 visits
By judgement no. 7825/2013, the civil court of Milan (Tribunal of Milan) has assessed, from an antitrust perspective, the conducts carried out by Ryanair against Viaggiare S.r.l., an online travel agency (OTA) active in the sale of leisure and travel services, including the sales of Ryanair’s (...)

The Italian Court of Milan finds abuse of dominant position in the market for online travel agencies (Viaggiare / Ryanair)
Ashurst (Milan)
France 102 contributions 28828 visits
Milan Court finds that Ryanair abused its dominant position in the market for online travel agencies* On June 4, 2013, the Milan Court’s company law section handed down a ruling (only available in Italian) holding that Ryanair abused its dominant position in the downstream market for online (...)

Mergers

 The US District Court for the Northern District of California starts hearings in a class action case where the plaintiffs argue that the previous US DoJ settlement failed to ameliorate the competitive harm occasioned by the removal of a direct competitor and price maverick (AB InBev / Grupo Modelo)
King & Wood Mallesons (Sydney)
Australia 11 contributions 1406 visits
This article was originally published on In Competition by King & Wood Mallesons (click here). Closing time* Given our previous posts on the topic you would be forgiven for thinking we have a particular interest in Corona sales. Rather, the AB InBev / Grupo Modelo merger has been (...)

The U.S. FTC issues final amendments regarding withdrawal of HSR filings
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 13 contributions 2649 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 7 contributions 1107 visits
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Fenwick & West (New York)
United States 9 contributions 2028 visits
On June 28, 2013, the Federal Trade Commission (FTC) adopted a proposed rulemaking to codify its longstanding informal procedures for voluntarily withdrawing and refiling an HSR filing and, more significantly, to mandate that certain HSR filings will be deemed to be automatically withdrawn (...)

The Italian Competition Authority opens a monitoring proceedings for a conditionally cleared concentration in the ferry sector (CIN / Tirrenia)
Municipality of Cagliari
159 contributions 131123 visits
By a decision made on 18 June 2013 the Italian Competition Authority (ICA) has opened a monitoring proceedings under Article 19 of the Competition Act n. 287/1990 against CIN and Moby to verify compliance with the conditional authorization of the CIN/Tirrenia merger in the ferry sector . The (...)

The EU Commission opens consultations seeking views on possible improvements of the merger regulation, in particular extending its scope to the acquisition of non-controlling minority shareholdings
Baker McKenzie (Brussels)
Belgium 8 contributions 4296 visits
Minority Report? The EC’s public consultation on minority shareholdings* On 25 June 2013, the European Commission launched a public consultation entitled “Towards more effective EU Merger Control” in which the Commission proposes to (i) expand its powers to review non-controlling minority (...)

The Finnish Competition Authority decides to investigate the market impact of an acquisition on the pay-TV market (DNA & Plus TV)
Finnish Competition and Consumer Authority (Helsinki)
Finland 72 contributions 12200 visits
FCCA to investigate the market impact of deal between DNA and PlusTV* The Finnish Competition and Consumer Authority (FCCA) decided on 24 June 2013 to initiate further proceedings concerning an acquisition that will give DNA Oy a controlling interest in Digi TV Plus Oy. Both parties of the (...)

The French Supreme Administrative Court upholds the Competition Authority’s decision sanctioning a food distributor for failing to notify a concentration (Colruyt)
Gide Loyrette Nouel (Paris)
France 8 contributions 25582 visits
On 24 June 2013, the French Supreme Administrative Court confirmed the French Competition Authority (“FCA”)‘s decision n°12-D-12 dated 11 May 2012 imposing a €392.000 fine on Etablissements Fr. Colruyt (“Ets Fr Colruyt”), the parent company of group Colruyt, for failing to comply with article L.430-3 (...)

The EU Commission approves an acquisition on the market for trading and clearing services for certain exchange traded derivatives (NYSE and ICE)
RSM US (New York)
United States 3 contributions 922 visits
European Commission approves acquisition of NYSE Euronext by InterContinental Exchange* On 24 June 2013, the European Commission issued a press release stating that it has cleared the acquisition of NYSE Euronext (“NYX”) by the InterContinental Exchange (“ICE”). Both NYX and ICE operate in future (...)

The UK Competition Appeal Tribunal applies the single economic unit theory and finds that the CC has authority to prevent the concentration between two non-resident corporations on a segment of the metal packaging coatings market (AkzoNobel Holland / Metlac Italy)
Blackstone Chambers (London)
United Kingdom 23 contributions 5720 visits
The Competition Commission’s power to block transactions outside the UK* The judgment in Akzo Nobel NV v Competition Commission [2013] CAT 13 is an important decision on the ability of the Competition Commission (“CC”) to block transactions between companies outside of the UK. However, neither (...)

The UK Competition Appeal Tribunal indicates the extraterritorial reach of UK merger control (Akzo Nobel)
UK Competition & Markets Authority - CMA (London)
United Kingdom 10 contributions 1957 visits
The proposed acquisition by the Netherlands company Akzo Nobel of shares in an Italian competitor, Metlac, taking Akzo’s interest in Metlac from a pre-existing 49 per cent to full 100 per cent ownership, was notified to nine competition authorities across the world under their merger control (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s decision to prohibit the merger of two foreign companies in the supply market of metal packaging coatings for beer and beverage cans (Akzo Nobel / Metlac)
Ashurst (London)
United Kingdom 8 contributions 2513 visits
On 21 June 2013, the Competition Appeal Tribunal (the “CAT”) upheld the UK Competition Commission’s (“CC”) finding on 21 December 2012 that Akzo Nobel N.V.’s (“Akzo Nobel”) proposed acquisition of Metlac Holding S.r.l. (“Metlac Holding”) would lead to a substantial lessening of competition in the market (...)

The US DoJ fines corporation $720,000 to settle charges that it violated HSR Act’s premerger notification and waiting period requirements (M&F)
Pillsbury Winthrop Shaw Pittman LLP (Miami)
United States 1 contribution 81 visits
HSR Compliance: The Consequences of Being Lackadaisical … A $720,000 Fine* MacAndrews and Forbes’ (M&F) settlement with the Department of Justice (DOJ) on June 20, 2013, provides a good reminder that simply surviving the Hart-Scott-Rodino (HSR) Act waiting period or receiving an early (...)

The EU Commission proposes significant changes to the merger regulation
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30378 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 77 contributions 56633 visits
On June 20, 2013, the European Commission (Commission) launched a public consultation on a number of significant proposed changes to the EU Merger Regulation (EUMR). The proposed amendments relate to (i) the possible review of non-controlling minority shareholdings under the EUMR; (ii) the EU (...)

The EU Commission consults on the possible improvements that can be done in regards to merger control
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22510 visits
On 20 June 2013, the European Commission published a consultation paper which proposes a reflexion and seeks comments from stakeholders on two distinct issues in the field of merger control: non-controlling minority shareholdings and the system of case referrals. The Commission raises detailed (...)

The Competition Commission of India approves an acquisition after requiring modification of a non-compete agreement (Mylan/SAL)
Department of Economics, Delhi School of Economics
India 8 contributions 2534 visits
Sections of India’s Competition Act relating to anticompetitive agreements and abuse of dominance were brought into force in May 2009, but the merger review sections and the associated draft implementing regulations remained extremely controversial in Indian and foreign business circles. The (...)

The EU Commission approves an acquisition on the market for TV-broadcasting (Central European Media Enterprises / Time Warner)
IPR University Center (Helsinki)
Finland 29 contributions 5356 visits
European Commission approves the acquisition of Central European Media Enterprises by Time Warner* On 14 June 2013 the European Commission issued a press release stating that it approved Time Warner’s acquisition of Central European Media Enterprises (“CME”). According to the Commission, the two (...)

The EU Commission clears the acquisition of a ruggedized mobile computer supplier by a technology manufacturing conglomerate (Honeywell / Intermec)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70744 visits
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Van Bael & Bellis (Brussels)
Belgium 15 contributions 4295 visits
On 14 June 2013, the European Commission unconditionally approved the acquisition of ruggedized mobile computer supplier Intermec by technology manufacturing conglomerate Honeywell. The Commission’s focus was on the parties’ production of ruggedized mobile computers, barcode scanners, and (...)

The Hungarian Competition Authority publishes its revised merger regulations (Fúziós Dokumentumok)
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18139 visits
The revised merger documents of the GVH come into force on 1 August* The Hungarian Competition Authority (GVH) modified its merger notice dealing with the differentiation between simplified (first phase) and full (second phase) proceedings, and the merger notification form. The documents are (...)

The French Competition Authority approves the implementation of an injunction after a merger in the pay TV sector (Canal Plus / TPS)
French Competition Authority (Paris)
France 727 contributions 380069 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la Concurrence approves three reference offers from the Groupe Canal Plus, after amendments. The first one regulates access of independent channels to distribution services by CanalSat; the (...)

The UK Competition Authority rules that the operators of channel tunnel between Great Britain and France may no longer offer ferry services from Dover (Eurotunnel / SeaFrance / MyFerryLink)
DLA Piper (London)
United Kingdom 28 contributions 11258 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 7 contributions 5391 visits
The UK Competition Commission (“CC”) has prohibited Eurotunnel from operating ferry services at the port of Dover, following its June 2012 acquisition of three SeaFrance vessels. The decision is notable for two reasons. First, this decision differed from that of the French Competition Authority (...)

The UK Office of Fair Trading concludes that asset acquisition in administration on proceedings does not qualify for merger investigation (Shell UK / Greenergy / Vopak Holding)
Charles Russell Speechlys (London)
United Kingdom 3 contributions 897 visits
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Herbert Smith Freehills (Brussels)
Belgium 41 contributions 16300 visits
On 6 June 2013 the Office of Fair Trading (OFT) published its decision on the completed acquisition of certain assets of Petroplus Refining and Marketing Limited (PRML). The asset sale was conducted in the course of administration proceedings, the underlying business having ceased trading. (...)

The Chinese Ministry of Information and Industry Technology pushes for consolidation and restructuring of China’s milk powder sector
University of Melbourne
Australia 103 contributions 28506 visits
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China Competition Bulletin (Beijing)
China 101 contributions 25455 visits
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Institute of American Studies (Beijing)
China 52 contributions 14898 visits
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In response to the loss of market share and consumer confidence in domestic milk powder brands due to the 2008 milk powder scandal, the MIIT announced that it will strongly promote the consolidation and restructuring of the milk powder sector over the next two years. It aims to have 10 (...)

State Aid

 The EU Court of Justice Advocate General Mengozzi clarifies the role of national courts in case of simultaneous State aid investigation by the Commission (Lufthansa / Flughafen Frankfurt)
Van Bael & Bellis (Brussels)
Belgium 152 contributions 32870 visits
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AbbVie (Chicago)
United States 4 contributions 629 visits
On 27 June 2013, Advocate General Mengozzi rendered an opinion clarifying the role of national courts in case of simultaneous state aid investigation by the European Commission (the “Commission”). The case stems from a dispute between Lufthansa and the Frankfurt airport regarding the (...)

The EU Commission decides that the privatisation process of an airport in Portugal does not constitute State aid (ANA)
Maastricht University
Belgium 338 contributions 58493 visits
Article published on Lexxion State Aid Blog. Privatisation of Aeroportos de Portugal: Conflict between the National Economic Adjustment Programme and State Aid Rules?* Background Portugal notified to the Commission the privatisation of the “Aeroportos de Portugal” [ANA] for reasons of legal (...)

The EU Commission rules on the compatibility of State aid for new port infrastructure and finds it necessary and proportional to the objective pursued (Katakolo)
Maastricht University
Belgium 338 contributions 58493 visits
Article published on Lexxion State Aid Blog. The Confusion between Necessity and Proportionality of State Aid [Case SA.35738: Public Funding of Port Infrastructure]* Introduction Several postings in this blog have examined cases concerning funding of port, airport or sport infrastructure. (...)

The Danish Maritime and Commercial Court reverses decision of the competition authority which ordered recovery of State aid in the form of below-market rent on the grounds that the rent was charged at market rate (Hellers Yachtværft)
Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Denmark 7 contributions 239 visits
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Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Denmark 31 contributions 36606 visits
By a judgement of June 2013, the Danish Maritime and Commercial Court reversed previous decisions of the Danish Competition Authority and the Danish Competition Appeals Board ordering recovery of state aid in the form of below-market rent to a tenant of a publicly owned property. The Maritime (...)

The EU Commission finds that the conversion of almost worthless debt into equity was a preferable solution for a market economy investor in the aircraft industry (Sonaca)
Maastricht University
Belgium 338 contributions 58493 visits
Article published on Lexxion State Aid Blog A Public Authority Can Behave Like a Private Investor even when the Beneficiary Has Little Prospect of Future Profitability* Introduction When a public authority invests in an undertaking, it must earn a return at market rates, otherwise the (...)

Procedures

 The Brussels Court of Appeal asks the Supreme Court to rule on scope of review in competition cases (Base Company, Belgacom, Mobistar)
Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50290 visits
In a judgment of 28 June 2013, the Brussels Court of Appeal requested a preliminary ruling from the Supreme Court to clarify the notion of “full jurisdictional power” (volle rechtsmacht/pouvoir de pleine jurisdiction). This concept defines the scope of review of the Courts of Appeal in many (...)

The Finnish Market Court rejects dairy producer’s application for stay of execution of the Finnish Competition and Consumer Authority’s decision concerning its abuse of dominant position in the dairy market (Valio)
Roschier (Helsinki)
Finland 11 contributions 8862 visits
In December 2012, the Finnish Competition and Consumer Authority (“FCCA”, at the time the Finnish Competition Authority, “FCA”) proposed to the Market Court that a 70 MEUR fine be imposed on Valio for abuse of dominant position in the market for production and wholesale of fresh milk through a (...)

The Portuguese Competition Authority publishes study on digital terrestrial television
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
Portugal: The Competition Authority publishes Study on Digital Terrestrial Television (DTT)* On 28 June 2013, the Portuguese Competition Authority (PCA) published a Study on Digital Terrestrial Television (DTT). The aim was to reflect on the DTT service on offer in Portugal, with the (...)

The South African Supreme Court of Appeal and the Constitutional Court open the door to class actions in all forms (Pioneer Foods)
Norton Rose Fulbright (Johannesburg)
South Africa 1 contribution 140 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. To date there have not been any successful private enforcement or collective redress claims in South Africa arising from breaches of competition law. However, (...)

The US Court of Appeals for the Ninth Circuit opens new window for removal of State court cases to federal court (Roth / CHA Hollywood Medical Center)
Jones Day (Los Angeles)
United States 5 contributions 3483 visits
A defendant generally may remove a civil action from state court to federal district court if the district court would have had jurisdiction had the action been originally filed in that court. 28 U.S.C. § 1441(a). For years it seemed that a defendant had only two windows of time in which to (...)

The South African Constitutional Court upholds an appeal as regards certification of class actions for damages arising from a cartel violation and pronounces that the correct standard must determine if the institution of a class action would be in the interest of justice (Mukaddam / Pioneer Foods)
Primerio (Johannesburg)
South Africa 22 contributions 5522 visits
South African Constitutional Court rules on appropriate test for class action relief for damages* ZA Constitutional Court broadens ambit of class-action relief As previously reported, the Supreme Court of Appeal (the “SCA”) handed down two judgments, in November 2012, in respect of the (...)

The UK OFT refers payday lending market to the Competition Commission because of concerns the OFT has about deep-rooted problems with the way competition works
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
United Kingdom: The OFT refers Payday Lending Market to the Competition Commission* The UK Office of Fair Trading refers the market for payday lending to the Competition Commission On 27 June 2013, the Office of Fair Trading (OFT) referred the market for payday lending in the UK to the (...)

The German Competition Authority publishes its activity report for 2011/2012
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
Germany: The Bundeskartellamt publishes its Activity Report* On 26 June 2013, the Bundeskartellamt (BKartA) published its activity report for 2011/2012. In the past two years the BKartA has further enhanced its cartel prosecution activities which resulted in fines in 34 cartel proceedings (...)

The German Competition Authority publishes a report on its activities in 2011 and 2012
German Competition Authority (Bonn)
Germany 434 contributions 110094 visits
Bundeskartellamt`s Activity Report 2011/2012* Today, the President of the Bundeskartellamt, Andreas Mundt, presented the authority’s report on its activities in 2011 and 2012: ""In the past two years we have continued to enhance our cartel prosecution activities. In numerous sectors, this has (...)

The German Competition Authority publishes its new guidelines on the setting of fines
German Competition Authority (Bonn)
Germany 434 contributions 110094 visits
Bundeskartellamt`s New Fining Guidelines* Today the Bundeskartellamt has published its new guidelines on the setting of fines. Andreas Mundt, President of the Bundeskartellamt: ""The Federal Court of Justice’s latest decision has made it necessary for us to adjust our guidelines. On the whole, (...)

The German Competition Authority publishes its reviewed guidelines for the setting of fines deviating from the methodology used by the EU Commission
Heinz & Zagrosek (Köln)
Germany 23 contributions 13008 visits
The FCO’s new fining guidelines – not much guidance after all* The FCO published new fining guidelines on June 25, 2013, which have been applied for several months now. However, the guidelines as well as the recent practice do not provide a lot of guidance. The previous fining guidelines (...)

The Croatian Parliament adopts amendments to the Competition Act coming into force on the day of accession of Croatia to the EU
University of Zagreb - Faculty of Economics and Business
United States 10 contributions 5478 visits
On 21 June 2013 the Croatian Parliament adopted Amendments to the Croatian Competition Act (published in Narodne novine no. 80/2013). The Amendments came in force on 1 July 2013, the date of accession of the Republic of Croatia to the European Union. Although the intention was to incorporate (...)

The Spanish Competition Authority publishes a communication on leniency programme
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
Spain: Communication on Leniency Programme published* On 21 June 2013, the Comisión Nacional de la Competencia (CNC) has published a Communication on its Leniency Programme. With this Communication, the CNC seeks to enhance the transparency and predictability of its actions in proceedings (...)

The French Court of Appeal confirms the abandon by French Courts of the “notice and stay down” doctrine (SPPF/Youtube, Google France)
Sideman & Bancroft (San Francisco)
United States 5 contributions 780 visits
OSP liability: Paris Court of appeal confirms the abandon by French Courts of the “notice and stay down” doctrine* In a decision of 21 June 2013, the Paris Court of Appeal has confirmed that the obligation for an Online Service Provider (OSP) to take down infringing content is limited to content (...)

The US Supreme Court upholds contractual provision waiving class arbitration (American Express / Italian Colors Restaurant)
Cohen Milstein (Washington)
United States 57 contributions 7310 visits
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Burns Charest (Washington)
United States 57 contributions 7310 visits
Plaintiff merchants asserted antitrust tying claims against American Express, alleging that its “honor all cards” rule leveraged its monopoly power in the credit card market to force merchants to accept cards with higher interchange fees than they would have paid in the absence of that rule. (...)

The US Supreme Court reverses the judgment of the Court of Appeals and holds that the parties’ agreement on arbitration shall remain valid (American Express / Italian Colors Restaurant)
Faegre Baker Daniels (Indianapolis)
United States 1 contribution 344 visits
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Faegre Baker Daniels (Minneapolis)
United States 1 contribution 344 visits
Supreme Court Decides American Express Co. et al v. Italian Colors Restaurant et al* On June 20, 2013, the Supreme Court decided American Express Co. et al v. Italian Colors Restaurant et al, No. 12-133, reversing the Second Circuit and holding that the Federal Arbitration Act (FAA) does not (...)

The US Supreme Court rules that an arbitration agreement did not prevent effective vindication of antitrust rights (American Express / Italian Colors Restaurant)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38665 visits
Arbitration Agreement Did Not Prevent Effective Vindication of Antitrust Rights* Consumers and small businesses that are parties to contracts containing arbitration agreements will find it tougher, if not impossible, to avoid the terms of those agreements and pursue an antitrust action in (...)

The FTC Commissioner Wright offers proposed policy statement to guide the FTC’s section 5 unfair methods of competition enforcement
International Center for Law & Economics (Portland)
United States 16 contributions 7491 visits
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International Center for Law & Economics (Portland)
United States 2 contributions 702 visits
Section 5 of the FTC Act gives the Commission authority to challenge “unfair methods of competition” (UMC). In June 2013, Commissioner Joshua Wright of the FTC released a proposed policy statement on the Commission’s UMC authority. His statement is intended to create guidance for enforcement (...)

The UK OFT announces market study on competition in the banking for small and medium-sized businesses
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
United Kingdom: The OFT announces Market Study on SME Banking* On 19 June 2013, the Office of Fair Trading (OFT) announced a market study on competition in banking for small and medium-sized businesses (SMEs) and is seeking views on its scope. The study is part of the OFT’s continuing planned (...)

The Swedish Competition Authority presents the results of inquiry into the banking and financial sector by focusing particularly on deposits, mortgages and investment funds
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
Sweden: The Competition Authority presents Results of Inquiry into Banking and Financial Sector* On 17 June 2013, the Swedish Competition Authority (SCA) released a report presenting the results of a sector inquiry into the Swedish Banking and Financial Sector. The report focuses particularly (...)

The Maltese Office for Competition publishes draft leniency regulations for public consultation
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
Malta: Draft Leniency Regulations published for Public Consultation* The Office for Competition (the Office), which is part of the Malta Competition and Consumer Affairs Authority, published on 14 June 2013 draft leniency regulations for public consultation. The public consultation will be (...)

The Austrian Federal Competition Authority launches public consultation on draft guidelines regarding vertical price fixing
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
Austria: The Federal Competition Authority (FCA) launches Public Consultation on Draft Guidelines regarding Vertical Price Fixing* In the course of recent enforcement activities by the FCA, it has appeared that vertical price fixing practices combined with horizontal coordination are (...)

The Netherlands Authority for Consumers and Markets looks into relationship between behavioural economics and competition enforcement
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
The Netherlands: The Netherlands Authority for Consumers and Markets looks into Relationship between Behavioural Economics and Competition Enforcement* The Authority for Consumers and Markets (ACM) has researched what behavioural economics can mean for competition policy. The research report (...)

The European Commission adopts a package on private damages actions in antitrust cases
Ian Forrester Consulting (Edinburgh)
23 contributions 30721 visits
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White & Case (Brussels)
Belgium 54 contributions 56016 visits
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White & Case (Stockholm)
Sweden 4 contributions 1012 visits
On 11 June 2013, the European Commission ("Commission") adopted a proposal for a directive on how citizens and companies can bring damages claims under EU antitrust rules. According to the Commission, the proposal serves to remove a number of practical difficulties which claimants face when (...)

The European Commission adopts a package on private damages actions in antitrust cases
White & Case (Brussels)
Belgium 38 contributions 64572 visits
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Ian Forrester Consulting (Edinburgh)
23 contributions 30721 visits
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Deloitte (Brussels)
Belgium 12 contributions 4250 visits
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This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Summary On 11 June 2013, the European Commission (“Commission”) adopted a proposal for a directive on how citizens and companies can bring damages claims under (...)

The European Commission proposes a legislative framework for the private enforcement of the competition rules in the EU
Mircea & Partners (Bucharest)
Romania 11 contributions 5150 visits
The saga of the private enforcement of the competition rules in the European Union started long time ago, since the European Court of Justice made the victims of the infringement of the competition rules aware of the right to ask for compensation for the damages incurred, based directly on the (...)

The European Commission adopts a package of measures to facilitate competition law private actions in the EU
Novartis (Basel)
Switzerland 8 contributions 5622 visits
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Herbert Smith Freehills (London)
United Kingdom 44 contributions 8560 visits
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Herbert Smith Freehills (London)
United Kingdom 11 contributions 2814 visits
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1. Introduction and overview The European Commission (the "Commission") on 11 June 2013 adopted a package of measures aimed at facilitating competition law private actions in the EU. The package consists of: A proposal for a Directive on competition law private damages actions in the EU (...)

The EU Commission proposes a directive that would harmonize private damages claims across the EU
Covington & Burling (Brussels)
Belgium 33 contributions 12509 visits
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Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22510 visits
Private damages claims in the EU are a fact of life these days. As a result of the persistent and creative efforts of claimants, the days when cartel damages were a U.S. aberration of merely potential concern for companies facing cartel charges in the EU are long gone. The silver lining for (...)

The European Commission proposes a directive for the harmonization of private enforcement of competition law within the EU
Vrije University of Amsterdam
Netherlands 1 contribution 161 visits
The Commission’s proposal for a directive on actions for damages caused by infringements of antitrust law in Member States* Infringements of antitrust law can cause serious harm to consumers and businesses in the European Union. Under EU law the victims of infringements of antitrust law can (...)

The EU Commission proposes a directive establishing uniform rules on civil actions for competition damages
Blackstone Chambers (London)
United Kingdom 23 contributions 5720 visits
Private enforcement: the Commission speaks at last* The trio of documents published by the Commission last week mark an important moment in private competition enforcement in the EU. After years of debate and consultation, it is now clear that, whilst the Commission is determined to take some (...)

The European Commission proposes a draft for a directive on damages for antitrust infringements
University of East Anglia (Norwich)
United Kingdom 13 contributions 26395 visits
Article published on Centre for Competition Policy Blog. Is the New EU Private Enforcement Draft Directive Too Little Too Late?* After a decade of debate, consultation and guidance papers, DG Competition has finally released its draft Directive on actions for damages. It has been driven by (...)

The Italian Regional Administrative Court of First Instance clarifies the calculation of interests in case of delay in the payment of antitrust fines (Jotun Italia)
Orsingher Ortu Avvocati (Milano)
Italy 13 contributions 3350 visits
*Italian antitrust administrative case law. Overview of all decisions from April to June 2013 (Third contribution) 1. Premise –This work is the third contribution of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative (...)

The EU Court of Justice holds that EU Member States cannot adopt legislation depriving plaintiffs of all rights to access evidence in a cartel file of an antitrust authority (Donau Chemie)
Covington & Burling (Brussels)
Belgium 47 contributions 17018 visits
The European Union’s Court of Justice (CJEU) has handed a victory to cartel damage claimants. In its 6 June Donau Chemie ruling, the CJEU held that EU Member States cannot adopt legislation that deprives plaintiffs of all rights to access evidence in a cartel file of an antitrust authority. (...)

The EU Court of Justice rules that the principle of effectiveness precludes a provision of national law under which the access to leniency documents is obstructed with no place left for a proportionality test (Donau Chemie)
Mircea & Partners (Bucharest)
Romania 32 contributions 16503 visits
I. Introduction The main pursuit of this article is to analyse the judgment of CJEU by comparing it to the conclusions provided by AG Jääskinen on the 7 February 2013. The facts have been described previously in my article from e-Competitions N°51003. The Austrian Consent Rule as enshrined by (...)

The Spanish Congress approves the creation of a new competition authority, the National Commission on Markets and Competition (NCMC)
Hogan Lovells (Madrid)
Spain 47 contributions 92006 visits
Important Changes to the Antitrust Institutional Structure in Spain* On 5 June 2013, the Spanish Congress approved the creation of a new Spanish competition authority: the National Commission on Markets and Competition (Comisión Nacional de los Mercados y la Competencia, “NCMC“). The NCMC will (...)

The U.S. White House addresses frivolous patent litigation: impact on competition issues
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 11 contributions 3642 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 5 contributions 1839 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 4 contributions 885 visits
On June 4, 2013, the White House announced a set of executive actions and legislative recommendations to address the issue of frivolous litigation brought by companies that assert patents without also manufacturing a product based on those patents. That same day, the National Economic Council, (...)

The Spanish Parliament creates a new authority in charge of both competition and regulatory matters (National Markets and Competition Commission)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
Spain: Creation of the new National Markets and Competition Commission, CNMC* On 4 June 2013, the Spanish Parliament adopted Act 3/2013 creating a new authority in charge of both competition and regulatory matters: the Comisión Nacional de los Mercados y la Competencia, CNMC (National Markets (...)

The US Supreme Court vacates another no-injury washing machine class action (Butler)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 3 contributions 529 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 3 contributions 529 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 1 contribution 153 visits
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On 3 June 2013, the U.S. Supreme Court summarily vacated and remanded the U.S. Court of Appeals for the Seventh Circuit’s decision in Butler v. Sears, Roebuck & Co., 702 F.3d 359 (7th Cir. 2012), for further consideration in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) (...)

The Bulgarian Competition Authority issues opinion in ex officio proceedings regarding the compliance with the competition rules of two legal acts regulating the supply of central heating
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216813 visits
Bulgaria: The Legal Framework on Central Heating distorts Competition and may harm Consumers’ Welfare* By Decision No 623/30.05.2013, the Bulgarian Commission on Protection of Competition (CPC) adopted a competition advocacy opinion in ex officio proceedings concerning compliance with the (...)

Regulatory

 The OECD holds a roundtable on competition and behavioural economics
OECD - Competition Division (Paris)
France 311 contributions 1302589 visits
Executive summary, by the Secretariat The summary of the Hearing is based mainly on the submissions, presentations and interventions of three expert panellists: Xavier Gabaix (New York University), Steffen Huck (University College London), and Maurice Stucke (the University of Tennessee). (...)

The Mexican Parliament adopts sweeping telecom reforms aiming at cracking down dominant operators and induces significant reforms on competition law and agency
Creel García-Cuéllar Aiza y Enríquez SC (Mexico)
Mexico 1 contribution 325 visits
,
Amurabi (Paris)
France 3 contributions 4453 visits
On June 11th, 2013, a significant amendment to the Mexican Constitution known as “the new Telecommunications Act”, which also significantly impacts the competition regime, was enacted, and will enter into force on June, 12th. The amendment is seen as resulting from the "Pact for Mexico", entered (...)

The Mexican Congress amends telecom legislation introducing significant changes in competition law
Hogan Lovells BSTL (Mexico City)
Mexico 1 contribution 296 visits
,
Hogan Lovells BSTL (Mexico City)
Mexico 1 contribution 296 visits
A. A brief background of the Constitutional Amendment to the Mexican Competition Regime. On March 11, 2013, the President of Mexico sent to Congress a very aggressive bill proposal to amend, inter alia, Article 28 of the Federal Mexican Constitution. Although it has been publicized as the (...)

The OECD holds a roundtable on recent developments in rail transportation services
OECD - Competition Division (Paris)
France 311 contributions 1302589 visits
Executive summary, by the Secretariat * From the discussion at the roundtable, the delegates’ submissions and invited presentations and papers, several points emerge: (1) Most developments in OECD railway sector reform since 2005 have concerned the ongoing opening-up of rail services to (...)

The OECD holds a roundtable on competition in road fuel
OECD - Competition Division (Paris)
France 311 contributions 1302589 visits
Executive summary, by the Secretariat * Considering the discussion at the roundtable, delegates’ written submissions, and the Secretariat’s background paper, several key points emerge: (1) In a number of OECD countries, road fuel markets are considered competitive at the retail level, with (...)

The OECD holds a roundtable on role and measurement of quality in competition analysis
OECD - Competition Division (Paris)
France 311 contributions 1302589 visits
Executive summary, by the Secretariat * (1) The level of quality that a product offers to consumers is a fundamental aspect of competition in many markets. Quality represents perhaps the key non-price consideration that determines whether consumers will purchase a product. Moreover, quality (...)

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