June 2015

General antitrust

 The OECD holds a roundtable on competition and the use of tenders and auctions
OECD - Competition Division (Paris)
France 313 contributions 1448902 visits
Executive summary, by the Secretariat * From the discussion at the two Hearings held by WP2 in December 2014 and June 2015, the Issues Notes, the delegates’ submissions and invited presentations and papers, the following points emerge: (1) Competition is indispensable to a well-functioning (...)

The UK Competition Authority publishes a report on the commercial use of consumer data
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA publishes findings on the commercial use of consumer data* The CMA has today published a report into the collection and use of consumer data. The report follows a call for information which was issued in January and draws on a range of evidence from businesses, consumers, regulatory (...)

The Canadian Competition Authority submits a draft of its upcoming intellectual enforcement property guidelines for public comment
US Court of Appeals for the DC Circuit (Washington)
United States 21 contributions 27500 visits
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Lodestar Law & Economics
14 contributions 20188 visits
Comments of U.S. Federal Trade Commissionner Joshua D. Wright and Judge Douglas H. Ginsburg on the Canadian Competition Bureau’s draft updated intellectual property enforcement guidelines* This comment is submitted in response to the Canadian Competition Bureau’s (the Bureau’s) draft stage 2 (...)

The Canadian Competition Bureau issues draft intellectual property enforcement guidelines that will have practical implications for the pharmaceutical industry
Davies Ward Phillips & Vineberg (Toronto)
Canada 3 contributions 490 visits
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Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 4054 visits
Canada’s Updated Draft Intellectual Property Enforcement Guidelines and the Pharmaceutical Industry* I. INTRODUCTION In June 2015, Canada’s Competition Bureau released its updated draft of the Intellectual Property Enforcement Guidelines (“Draft IPEGs”) for public review and consultation. (...)

Anticompetitive practices

 The US Court of Appeals for the Second Circuit reaffirms the principle that even vertical agreements that seem lawful in the abstract can be evidence in horizontal cartel (Apple)
Patterson Belknap Webb & Tyler (New York)
United States 5 contributions 1302 visits
Second Circuit Affirms Ruling Against Apple in E-book Price-Fixing Case* We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies (...)

The Polish Competition Authority accepts commitments concerning the online sales of prams and strollers (Emmaljunga)
Hansberry Tomkiel (Warsaw)
Poland 6 contributions 1189 visits
In its decision no RGD 2/2015 of 30th June 2015 (the “Decision”), the Polish Office for Competition and Consumer Protection (“Competition Authority”) accepted commitments proposed by the Poland-based company “Investment Trading Consulting” (“Company”), Polish exclusive distributor of prams and (...)

The Moscow Arbitration Court confirms the sanctions imposed on fish suppliers for cartel (Russian Fish Company)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
Cassation Court pronounced legitimacy of FAS decision on a cartel of Vietnamese fish suppliers* On 30 June 2015, the Arbitration Court of the Moscow District pronounced legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) regarding the “Association of Production and (...)

The US Court of Appeals for the 2nd Circuit affirms ruling condemning masterminding the creation, organization and implementation of a conspiracy by five ebook publishers (Apple)
Sheppard Mullin (San Francisco)
United States 2 contributions 359 visits
The Second Circuit’s Apple Ebooks Opinion* The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks that benefited Apple, as (...)

A U.S. appellate panel questions whether reverse payments need to be in cash to put the patent settlement under the scrutiny of antitrust laws (GlaxoSmithKline)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 7710 visits
Reverse payments can be non-cash according to appellate judges* On 19 November 2014 in a hearing regarding the possible reopening of a lawsuit over whether GlaxoSmithKline (GSK) unfairly extended the monopoly on its drug Lamictal, an appellate panel of the Third Circuit suggested that (...)

The US Court of Appeals for the Third Circuit concludes that the Actavis ruling applies to non-cash payments (Lamictal)
Rutgers University (New Brunswick)
United States 26 contributions 25831 visits
On June 26, 2015, in the first federal appellate drug patent settlement ruling since the Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013), the U.S. Court of Appeals for the Third Circuit overturned a lower court decision granting a motion to dismiss for defendants. Writing (...)

The Spanish Competition Authority fines 12 companies in the refrigerated road haulage market and their sectoral association for price fixing (Grupo Disfrimur, Grupo Trans Onuba)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
The CNMC issues 8.8 million euros in fines to 12 refrigerated road haulage companies and their sectoral association* The CNMC issues 8.8 million euros in fines to 12 refrigerated road haulage companies and their sectoral association. The sanctions were imposed following an infraction of (...)

The US DoJ sues four hospitals for an anticompetitive agreement in South-Central Michigan (Hillsdale / Branch / ProMedica / Allegiance)
Crowell & Moring (New York)
United States 3 contributions 626 visits
Antitrust Enforcers Sue Four Hospitals For Carving Up South-Central Michigan* The Antitrust Division of the U.S. Department of Justice and the Michigan Attorney General’s Office are suing four Michigan hospital systems for allegedly engaging in antitrust violations by agreeing to refrain (...)

The EU Court of Justice rules that a parent company may be held liable for infringement by its subsidiary in which it holds an 80% indirect shareholding (Fresh Del Monte)
Simmons & Simmons (London)
United Kingdom 19 contributions 4881 visits
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Agoda (Bangkok)
Thailand 12 contributions 4246 visits
ECJ confirms that Del Monte is liable for a single and continuous infringement of competition law for bilateral information exchanges between its subsidiary Weichert and Dole. On 24 June 2015, the Court of Justice of the European Union (ECJ) dismissed an appeal by Fresh Del Monte Produce (...)

The German Competition Authority sanctions five companies for their participation to a cartel in the manufacturing of acoustically effective components for the automotive industry (Autoneum Germany)
German Competition Authority (Bonn)
Germany 458 contributions 117190 visits
Bundeskartellamt imposes fines of 75 million euros on automotive part manufacturers* On account of price fixing agreements the Bundeskartellamt has imposed fines totalling 75 million euros on five manufacturers of acoustically effective components and staff responsible which supply the (...)

The Danish Competition Council holds that a consortium which won a public tender was anti-competitive by object (LKF / Eurostar)
DLA Piper (Copenhagen)
Denmark 5 contributions 1468 visits
A consortium turned out to be a cartel* In a landmark decision taken on 24 June 2015, the Danish Competition Council (DCC) held that a consortium which won a public tender was anti-competitive by object. In following the Danish Competition and Consumer Authority’s (DCCA) recommendation, the (...)

The EU Commission fines several producers and distributors for cartel in the retail food packaging sector (Nespak)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
Commission fines producers and distributors € 115 865 000 for operating retail food packaging cartels* The European Commission has fined eight manufacturers and two distributors of retail food packaging trays a total of €115 865 000 for having participated in at least one of five separate (...)

The EU Commission sends a statement of objection to five lead recycling companies suspected of participating in a purchasing cartel for scrap lead-acid batteries
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
Commission sends statement of objections to suspected participants in car battery recycling cartel* The European Commission has informed five lead recycling companies that it suspects them of having participated in a purchasing cartel for scrap lead-acid batteries, in breach of EU antitrust (...)

The Danish Competition Authority identifies an anticompetitive consortia agreement in the market of road marking (LKF / Eurostar)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36478 visits
The Danish Competition Council decides that consortia agreement between two road-contractors is illegal* On the 24th of June 2015 the Danish Competition Council found, that LKF Vejmarkering A/S (LKF) and Eurostar Danmark A/S (Eurostar) have infringed Section 6 of the Danish Competition Act (...)

The Indian Competition Commission imposes penalties on a trade association for collective boycott (Kerala Film Exhibitors’ Association / the Film Distributors Association / Kerala)
Chandhiok & Mahajan (New Delhi)
Inde 12 contributions 2520 visites
Film association case* In another decision, the CCI has imposed penalties on the Kerala Film Exhibitors’ Association (KFEA) and the Film Distributors Association, Kerala (FDAK) for collective boycott. The KFEA is an association of cinema hall owners in the state of Kerala. The FDAK is an (...)

The US Supreme Court reaffirms the rule precluding patent owners from collecting patent royalties on expired patents (Kimble / Marvel)
Constantine Cannon (Washington)
United States 1 contribution 389 visits
Supreme Court Cites Spiderman In Ruling Against Post-Expiration Patent Royalties* Spiderman swung through the halls of the U.S. Supreme Court yesterday as Justice Elena Kagan liberally relied on the comic book superhero in the Court’s decision in Kimble v. Marvel Enterprises, Inc., (...)

The Belgian Competition Authority adopts its first settlement decision and fines retailers and producers of home and personal care products (Cartel de la beauté)
European Commission - DG COMP (Brussels)
Belgium 4 contributions 1881 visits
I. Background On 18 September 2006 the Belgian Competition Authority (BCA) opened an investigation into the Home and Personal Care (HPC) market in Belgium following Colgate’s leniency application. Few months later the BCA carried out dawn raids at the premises of the main large retailers in (...)

The Belgian Competition Authority imposes a record fine in the supermarkets cartel (Cartel de la beauté)
Covington & Burling (Brussels)
Belgium 49 contributions 18345 visits
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Peter Camesasca Advocaat (Brussels)
Belgium 34 contributions 13470 visits
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Covington & Burling (Brussels)
Belgium 2 contributions 142 visits
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On 22 June 2015 the Belgian Competition Authority (“BCA”) issued its decision in the supermarkets cartel, fining 18 supermarkets and suppliers of personal care, hygiene and cleaning products for coordinating retail price increases between 2002 and 2007. This occurred in the context of a cartel (...)

The Polish Competition Court overturns a decision concerning a cartel of mobile phone network operators (Polkomtel / T-Mobile / Orange / P4)
Hansberry Tomkiel (Warsaw)
Poland 2 contributions 716 visits
In its judgement of 19th June 2015, the Polish Competition and Consumer Protection Court fully overturned the decision of the Polish Competition and Consumer Protection Office (the “Office”), issued in November 2011, imposing PLN 113 million in fines on members of a mobile phone network (...)

The German Competition Authority imposes fines on manufacturers and retailers in the food sector for vertical resale price maintenance (Aldi)
German Competition Authority (Bonn)
Germany 458 contributions 117190 visits
Vertical resale price maintenance in the food retail sector - Majority of fine proceedings concluded* The Bundeskartellamt has concluded most of its cartel proceedings against manufacturers and retailers in the food sector for illegally maintaining the retail prices of well-known brand (...)

The French Competition Authority extends its commitments made in the case of inter-bank fees associated with card payments (Groupement des Cartes Bancaires)
French Competition Authority (Paris)
France 748 contributions 411154 visits
Extension of the commitments made by the Groupement des Cartes Bancaires (CB Bank Cards Group) to the Autorité de la concurrence regarding the level of inter-bank payment fees until the European regulation comes into force.* In 2011, within the context of the examination by the Autorité de (...)

The Moscow Arbitration Court confirms the decision on the crab auction cartel (Aquaresource)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
Cassation Court supported FAS decision on the case on crab auctions* On 18 June 2015, Moscow Arbitration Court pronounced legitimacy of the decision of the Federal Arbitration Service (FAS Russia) against the Federal Fishery Agency (Rosrybolovstvo), its Primorie branch and a group of (...)

The Spanish Competition Authority fines eighteen companies and one trade association active in the markets of paper and corrugated cardboard manufacturing for anticompetitive practices qualified as a single and continuous infringement (Asociación española de fabricantes de envases y embalajes de cartón ondulado)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47335 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22351 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4239 visits
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The NMCC has imposed fines totalling €57.7 million on 18 companies and one trade association active in the markets of paper and corrugated cardboard manufacturing (Decision of 18 June 2015, file S/0469/13). On 18 June 2015, the NMCC has fined 18 companies and one trade association for (...)

The German Competition Authority assesses vertical and horizontal price fixing in cartel proceedings focusing on the food sector (Aldi / Edeka / Kaufland / Metro / REWE / Haribo / Ritter)
Deutsche Bahn (Frankfurt)
Germany 6 contributions 1921 visits
In June 2015, the German Federal Cartel Office (“FCO”) has concluded most of its long going proceedings against manufacturers and retailers in the food sector for illegally fixing the retail prices of branded products. The FCO imposed total fines of EUR 151.6million on both manufacturers and (...)

The EU Commission fines a parking heaters producer for cartel in the context of a settlement (Eberspächer)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
Commission fines parking heaters producer €68 million in cartel settlement* The European Commission found that two German producers of automotive parts, Eberspächer and Webasto, have breached EU antitrust rules prohibiting cartels and restrictive business practices. They coordinated prices (...)

The Austrian Supreme Court rejects a claim for damages arising from an elevator cartel on the grounds that the claims were unspecified and sometimes contradictory
Schoenherr (Vienna)
Australia 14 contributions 385 visits
Brief summary of facts A customer allocation system was agreed in Austria on the markets for new elevator-systems and maintenance during the years 2002 - 2005 (fined period). Due to these arrangements, allegedly damages occurred whenever an elevator-system was sold or maintenance work was (...)

The German Competition Authority imposes fine on manufacturers of prefabricated garages for price-fixing agreements (Rekers)
German Competition Authority (Bonn)
Germany 458 contributions 117190 visits
Fines imposed on manufacturers of prefabricated garages on account of price-fixing agreements* The Bundeskartellamt has imposed fines amounting to 11 million euros on ten manufacturers of prefabricated garages for their involvement in price-fixing agreements. Andreas Mundt, President of (...)

The Russian Competition Authority pursues its investigation concerning a vertical agreement in the electrical equipment market (Argus-Spektr)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
FAS continues holding dealers of “Argus-Spektr” CJSC administratively liable* The Federal Antimonopoly Service continues administrative proceedings upon the fact of concluding prohibited “vertical” agreements between “Argus-Spektr” CJSC and its dealers. As of today, 40 dealers are held (...)

The US Supreme Court declines to resolve a closely watched circuit split on the applicability of the Foreign Trade Antitrust Improvements Act (Motorola / AU Optronics)
Siemens (New York)
United States 21 contributions 7725 visits
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Patterson Belknap Webb & Tyler (New York)
United States 2 contributions 1480 visits
Supreme Court Surprises the Antitrust World with Denial of Cert in Motorola and AU Optronics* Today the United States Supreme Court denied certiorari in two cases, Motorola Mobility LLC v. AU Optronics et al. and Hsiung and AU Optronics Corp. America Inc. v. United States, declining to (...)

The US Supreme Court declines an appeal for two related antitrust cases involving an international price-fixing cartel (Motorola / AU Optronics)
Womble Bond Dickinson (Charlottesville)
10 contributions 2858 visits
Motorola and the Extraterritorial Application of US Antitrust Laws to Foreign Component Price Fixing Cartels* Last month the Supreme Court declined to accept an appeal for two related antitrust cases involving an international price-fixing cartel. The cases come from different circuits, one (...)

The Indian Competition Authority fines 13 manufacturers of CN containers for cartelization (Sheth)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI Penalizes 13 manufacturers of CN containers for cartelization* CCI by its order dated June 10, 2015 imposed penalty at 3% of their annual turnover for preceding three years against thirteen manufacturers/suppliers of CN Containers (containers with disc required for manufacture of 81 mm (...)

The Dutch District Court Gelderland order a French engineering giant specialising in railway technologies to pay a Dutch transmission operator €14M for damages sustained as a result of a cartel (Alstom / Cogelex / TenneT TSO / Saranne)
Jones Day (Amsterdam)
Netherlands 11 contributions 305 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 305 visits
Brief summary of facts In 1993, Sep and Alstom entered into an agreement which provided for the supply by Alstom of a Gas Insulated Switchgear (GIS) installation to Sep that was subsequently transferred to TenneT. In its Decision of 24 January 2007, the European Commission found that, (...)

The Russian Competition Authority exposes a big bid-rigging cartel in the construction sector (Medcon)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
FAS exposed a big bid-rigging cartel in the construction sector* On 9 June 2015, the Federal Antimonopoly Service (FAS Russia) found that “Medcon” Ltd., “Monolitstroi” Ltd., “YUNIX” Medical Company” Ltd., “Sibagropromstroi” Shareholding Company violated Clause 2 Part 1 Article 11 of the (...)

The Court of Appeal for the District of Columbia rejects a challenge to an FTC rule that makes the HSR Act reporting requirements cover pharmaceutical patent licenses that transfer all commercially significant rights (PhRMA)
Jones Day (Washington)
United States 17 contributions 14295 visits
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Sheppard Mullin (Washington)
United States 14 contributions 5144 visits
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Jones Day (Chicago)
United States 7 contributions 1841 visits
The D.C. Circuit has rejected a challenge by the Pharmaceutical Research and Manufacturers of America ("PhRMA") to an FTC rule that makes the HSR Act reporting requirements cover pharmaceutical patent licenses that transfer "all commercially significant rights." The rule, adopted in 2013, (...)

The Russian Supreme Court sustains the National Competition Authority recommendations on apatite concentrate (Minudobrenie)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
The Supreme Court considered FAS Recommendations on apatite concentrate* On 8 June 2015, the Supreme Court of the Russian Federation dismissed the claim of “Minudobrenie” OJSC (Rossosh) to invalidate FAS Recommendations to ensure non-discriminatory access to apatite concentrate (1) and the (...)

The Hungarian Competition Authority accepts the commitments offered by two companies operating in the market of card payment services and closes the cartel proceedings (MasterCard / OTP)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19902 visits
The case of MasterCard and OTP is closed by the acceptance of commitments* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) accepted the commitments offered by MasterCard Europe Sprl (MasterCard) and OTP Bank Nyrt. (OTP), through the implementation of which the (...)

The Czech Competition Authority fines an undertaking operating in the sector of handling, storage and protection of goods for non compliance with the inspection of the business premises (Czech Frost)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6711 visits
Fine of CZK 1,105,000 imposed on company Czech Frost for noncompliance with the inspection* Disciplinary fine of CZK 1,105,000 was imposed on the company CZECH FROST for noncompliance with the inspection of the business premises conducted by the Office for the Protection of Competition (the (...)

The Italian Competition Authority accepts commitments to amend a co-marketing agreement in the pharmaceutical sector, and closes its antitrust investigation (Novartis / Italfarmaco)
BonelliErede (Rome)
Italy 41 contributions 54307 visits
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Max Planck Institute for Innovation and Competition (Munich)
Italy 11 contributions 4581 visits
With Decision No. 25508 of 4 June 2015, the Italian Competition Authority (the “ICA”), accepted the commitments proposed by Novartis Farma S.p.A. (“Novartis”) and Italfarmaco S.p.A. (“Italfarmaco”, together the “Parties”) and closed the investigation opened following a complaint lodged by the (...)

The Indian Competition Authority exonerates an air transport association from accusations of anticompetitive agreements and price fixing (Air Cargo Agents Association of India / IATA International Air Transport Association)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI exonerates IATA for alleged anti-competitive agreement(s) and price-fixing* CCI by its order dated June 04, 2015 had exonerated IATA for alleged anticompetitive practices and abuse of dominance. The instant case was filed by Air Cargo Agents Association of India (ACAAI) against (...)

The Indian Competition Commission fines pharmaceutical companies for bid rigging in a public tender sector (GlaxoSmithKline / Sanofi)
Chandhiok & Mahajan (New Delhi)
Inde 12 contributions 2520 visites
CCI fines GSK and Sanofi for bid rigging* It has been quite a while since I posted an India update on Cartel Capers. This was partly due to the fact that the CCI has been relatively quiet on the cartel front for the last few months and partly because I have also been relatively busy with (...)

A US District Court receives a complaint against a State Bar for anticompetitive, exclusionary, and monopolistic conduct (Legalzoom.com / North Carolina State Bar)
Porter Wright Morris & Arthur (Columbus)
United States 3 contributions 1272 visits
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Porter Wright Morris & Arthur (Columbus)
United States 1 contribution 640 visits
LegalZoom Kicks Off Antitrust Battle Against State Bar Associations* State bar associations and other licensing boards were left like bleeding seals in shark-infested waters following the United States Supreme Court’s landmark decision this February in North Carolina State Board of Dental (...)

The Yunnan Development and Reform Commission investigates abuse of administrative power and cartel conduct (Yunnan Provincial Communications Authority)
University of Melbourne
Australia 103 contributions 29858 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26809 visits
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Hogan Lovells (Beijing)
China 81 contributions 21116 visits
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Yunnan DRC investigates abuse of administrative power and cartel in the telecommunications industry in Yunnan* On 2 June 2015, the NDRC announced that its local office in Yunnan Province, the Yunnan Development and Reform Commission (Yunnan DRC), found that the Yunnan Province (...)

The Russian Competition Authority exposes a first cartel in public defence procurement (Fobus)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
FAS exposed a first cartel in public defence procurement* On 2 June 2015, the Federal Antimonopoly Service (FAS Russia) found that “Fobus” Ltd., “Luch” NPO” Ltd. and “Avista” Ltd. violated Clause 2 Part 1 Article 11 of the Law “On Protection of Competition” (bid-rigging cartel) and “Vector” (...)

The Chinese NDRC in Yunnan fines an undertaking for cartelisation and for monopolising the market (Mayang Miao Autonomous County shale brick operators)
University of Melbourne
Australia 103 contributions 29858 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26809 visits
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Hogan Lovells (Beijing)
China 81 contributions 21116 visits
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Hunan AIC investigates shale brick cartel in Mayang* On 1 June 2015, the SAIC published the decisions made by the Hunan Administration for Industry and Commerce (Hunan AIC) in December 2014 and January 2015 relating to its investigation into a shale brick cartel in the Mayang Miao Autonomous (...)

The US DOJ opens an investigation on a movie theater chain (Regal, AMC, Cinemark Holdings)
Porter Wright Morris & Arthur (Washington)
United States 1 contribution 219 visits
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Porter Wright Morris & Arthur (Columbus)
United States 3 contributions 1272 visits
Antitrust Probe of Movie Theater Chains Enters Next Act* The U.S. Department of Justice has turned its spotlight on AMC Entertainment, Inc. in the government’s antitrust probe of the nation’s movie theater industry. In an 8-K filed Monday with the Securities and Exchange Commission, AMC (...)

Unilateral Practices

 The Belgian Competition Authority rejects an appeal of a pharmacist who claimed abuse of dominance by a competitor in the market of raw materials for magistral preparations and packaging material (Cuyckens / Omega Pharma)
Belgian Competition Authority (Brussels)
Belgium 122 contributions 24508 visits
On 30 June 2015 the Competition College of the Belgian Competition Authority, rejected an appeal of pharmacist Cuyckens against a dismissal decision of the Investigation and Prosecution Service of 31 March 2015.* Mr Cuyckens filed on 20 November 2002 a complaint with the Competition Council (...)

The Milan Court of Appeal overturns a judgment on screen scraping and intermediation of online travel agencies and rejects the allegations of abuse of dominance by an airline (Lastminute / Viaggiare / Ryanair)
European Court of Justice (Luxembourg)
Luxembourg 1 contribution 1296 visits
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Nunziante Magrone (Rome)
Italy 2 contributions 1867 visits
Introduction With two judgements delivered on June 2015 regarding cases brought by Lastminute.com S.r.l. and Viaggiare S.r.l. respectively against Ryanair , the Court of Appeal of Milan held that Ryanair’s refusal to grant travel agencies the right of intermediating its tickets does not (...)

The Pakistani Competition Authority opens an inquiry against dominant manufacturers in the automobile industry (Indus Motor / Pak Suzuki Motor)
Competition Commission of Pakistan (Islamabad)
Pakistan 18 contributions 2029 visits
CCP initiates inquiry into unfair trading conditions imposed by dominant manufacturers in the automobile industry* The Competition Commission of Pakistan (CCP) has initiated an inquiry under Section 37 of the Competition Act, 2010 into the possible anti-competitive behaviour of the two (...)

The Cyprus Competition Authority imposes a fine of 750,000 Euro and behavioural remedies on an airport company (Hermes Airports)
White & Case (Brussels)
Belgium 39 contributions 66280 visits
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Chrysses Demetriades (Limassol)
Cyprus 10 contributions 3325 visits
1. Background In its decision dated 23/6/2015 the Cypriot Commission for the Protection of Competition (the “CPC”) held that the operator of the Larnaca and Paphos international Airports in Cyprus, Hermes Airports Ltd, (hereafter referred as “Hermes”) violated Section 6(1)(a) of the Cyprus (...)

The Moscow Arbitration Appeal Court confirms the fine imposed on a pharmaceutical company for abuse of dominance (Novo Nordisk)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
Appeal Court confirmed: “Novo Nordisk” violated the antimonopoly law* On 22 June 2015, the 9th Arbitration Appeal Court upheld the judgment of the Court of First Instance and pronounced legitimacy of the decision of the Federal Arbitration Service (FAS Russia) that “Novo Nordisk” Ltd. had (...)

The EU Commission launches a market test concerning the commitments proposed by an electricity provider operating in the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
Commission market tests commitments by Bulgarian Energy Holding (BEH) concerning Bulgarian wholesale electricity market* The European Commission is inviting comments from interested parties on commitments offered by the State-owned Bulgarian Energy Holding EAD (BEH) to address competition (...)

The Russian Competition Authority sends a warning to a gas provider suspected to impose disadvantageous contract conditions (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
“Gazprom” received a FAS warning* On 18 June 2015, the Federal Antimonopoly Service (FAS Russia) issued a warning to “Gazprom” OJSC to eliminate elements of violating the antimonopoly law (Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition”). “Gazprom” OJSC avoided (...)

The Russian Arbitration Court confirms the decision of the Competition Authority which concluded that a pharmaceutical company has abused its dominance (Baxter)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
Cassation Court: FAS decision and determination regarding “Baxter” are legitimate* On 16 June 2015, the Arbitration Court of the Moscow District (Cassation Court) confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) as well as the Order to (...)

The Latvian Supreme Court upholds the Competition Authority’s decision on the establishment of abuse of dominance in retail trade in the market of beauty and household goods (Drogas)
Vilgerts (Riga)
Latvia 2 contributions 405 visits
On 15 June 2015 the Supreme Court of Latvia upheld the Latvian Competition Council’s “LCC”) decision against AS “Drogas” ( “Drogas”), a leading beauty and household goods retail trade chain operator, on establishment of abuse of dominance in retail trade in the market of beauty and household (...)

The Croatian Competition Authority accepts commitments proposed by a company operating in the provision of specialised IT support to leasing companies (Gemicro)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20019 visits
Gemicro committments accepted* In the proceeding against the undertaking Gemicro the Croatian Competition Agency (CCA) accepted the committments made by Gemicro for the removal of anticompetitive effects and restoration of competition in the provision of specialised IT support to leasing (...)

The Latvian Competition Authority agrees to conclude an administrative contract with an undertaking that abused of its dominance in the market of commercial services of tug boats, to put to an end to the distortion of competition in the sector (FRA)
Latvian Competition Council (Riga)
Latvia 124 contributions 24642 visits
The Competition Council agrees to conclude an administrative contract with the Freeport of Riga Authority to immediately eliminate Distortion of the Competition in the Riga’s Port* On 12 June, the Competition Council (CC) of Latvia signed an administrative contract with the Freeport of Riga (...)

The French Competition Authority imposes fine on one telecommunication company for distortion of competition in the market for the renewal of the national occupancy contract of the Eiffel Tower site and in the sector relating to FM radio terrestrial broadcasting (Towercast)
French Competition Authority (Paris)
France 748 contributions 411154 visits
The Autorité fines TDF 5.6 million euros for practices aimed at foreclosing its competitors from the Eiffel Tower site.* After the adoption of interim measures in 2007, the Autorité de la concurrence is today fining TDF 5.6 million euros for distortion of competition in the market for the (...)

The Moscow Arbitration Appeal Court confirms the fine imposed on a pharmaceutical company for abuse of dominance (Teva)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
Appeal Court confirmed legitimacy of the fine upon TEVA* On 11 June 2015, the 9th Arbitration Appeal Court dismissed the appeal filed by TEVA PHARMACEUTICAL INDUSTRIES LIMITED (Israel) against FAS definition (1) to hold TEVA administratively liable for failure to execute a determination. (...)

The EU Commission opens an investigation on e-book distribution agreements concluded between several publishers and an electronic commerce company (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
Commission opens formal investigation into Amazon’s e-book distribution arrangements* The European Commission has opened a formal antitrust investigation into certain business practices by Amazon in the distribution of electronic books ("e-books"). The Commission will in particular (...)

The Indian Competition Authority exonerates global computer manufacturer from allegations of abuse of dominance in the market for x86 servers (Surana and Surana / Dell India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI exonerates Dell India Pvt. Ltd against allegations of abuse of dominant position* CCI by its order dated 10 June 2015 dismissed from allegations of involvement in anti-competitive practices and abuse of dominant position against Dell India Pvt. Ltd (DIPL). The case was filed by M/s (...)

The Russian Federal Arbitration Court of the North-Western Federal District confirms the fine imposed on a company for creating discriminatory conditions in the retail market (Lenta)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
Court confirmed legitimacy of the 2-million fine for “Lenta”* The Federal Arbitration Court of the North-Western Federal District confirmed legitimacy of the determination of the Office of the Federal Antimonopoly Service in St Petersburg (St Petersburg OFAS Russia) on an administrative fine (...)

The Moscow Arbitration Court confirms that a cement producer has abused its dominance in Crimea (Stroiindustria)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
Arbitration Court supported FAS in a dispute with “Stroiindustria” Bakhchisaray Construction Enterprise”* Moscow Arbitration Court pronounced legitimacy and reasonableness of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia) on the case against (...)

The Russian Competition Authority sends a warning to an oil provider suspected to impose disadvantageous contract conditions (Lukoil)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
A warning to “LUKOIL”* On 9 June 2015, the Federal Antimonopoly Service (FAS Russia) issued a warning to “LUKOIL” OJSC to eliminate violations of the antimonopoly law (Clauses 3 and 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”) by 22 June 2015. The company imposed (...)

The Russian Competition Authority welcomes the decision of the gravel manufacturer aiming to end a practice constituting an abuse of dominance (Sharkhinsky Quarry)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
A gravel producer in Crimea voluntarily eliminated violations of the antimonopoly law* The Federal Antimonopoly Service (FAS Russia) terminated the case against “Sharkhinsky Quarry” Shareholding Company in the part of abusing dominance (Clause 6 Part 1 Article 10 of the Federal Law “On (...)

The Italian Supreme Court applies the principles of Directive 2014/104/EU in favor of claimants in a stand-alone case concerning an abuse of dominant position (Cargest)
Studio Legale Scoccini (Rome)
Italy 13 contributions 6173 visits
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Il Sole 24 Ore (Milan)
Italy 3 contributions 1490 visits
Introduction On the 4th of June 2015, the Italian Supreme Court of Cassation (hereinafter referred to as “ISC”) overruled a judgment of the Court of Appeal of Rome concerning a claim brought by 52 food distributors against Cargest Srl because of an abuse of dominant position by the (...)

The Pakistani Competition Authority issues a show cause notice concerning a suspected abuse of dominance in the markets for produced infant formula and follow-on milk and for domestically-produced packaged cereal-based baby product (Nestlé)
Competition Commission of Pakistan (Islamabad)
Pakistan 18 contributions 2029 visits
CCP takes notice of unreasonable increase in prices of lactogen and cerelac, issues show cause notice to leading food company* he Competition Commission of Pakistan (CCP) has issued a show cause notice to Nestlé Pakistan Limited for alleged violation of Section 3 of the Competition Act, 2010 (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a global media company in the national cinema market (K Sera Sera Digital Cinema / NBC Universal)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI dismisses cases against M/s NBC Universal Media Distribution Services Pvt. Ltd for anticompetitive agreements and abuse of dominant position* CCI by its order dated June 4, 2015 dismissed case against NBC Universal Media Distribution Services Pvt. Ltd (NBC), M/s UFO Movies India Ltd (...)

The French Competition Authority obtains commitments from an owner of mobile operators pylons limiting the duration of new hosting contracts to 10 years (TDF)
French Competition Authority (Paris)
France 748 contributions 411154 visits
The Autorité de la concurrence obtains from TDF an improvement of the hosting contracts binding it to the mobile operators that use its pylons* In the scope of proceedings initiated before the Autorité de la concurrence by FPS Towers (hereinafter FPS), TDF commits to limiting the duration of (...)

The Italian Supreme Court opens the doors to standalone private actions (Cargest)
BonelliErede (Rome)
Italy 41 contributions 54307 visits
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Max Planck Institute for Innovation and Competition (Munich)
Italy 11 contributions 4581 visits
In its decision of 6 June 2015 the Italian Supreme Court annulled the previous decision of the Court of Appeal of Rome , which had rejected the claim brought by a number of fruit and vegetable wholesalers (the “Wholesalers”) against Cargest - the company that manages the fruit and vegetable (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a bank in the national market for commercial and corporate loans (Bank of Baroda)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI dismissed allegations of anti-competitive agreement and abuse of dominant position against Bank of Baroda* CCI by its order dated June 2, 2015 exonerated Bank of Baroda (Vadodara, Gujarat) (BOBG) and Bank of Baroda (Nainital, Uttarakhand) (BOBN) for alleged anticompetitive practices and (...)

The Chinese Liaoning Administration for Industry and Commerce fines a tobacco company for abuse of dominance (Fushun)
University of Melbourne
Australia 103 contributions 29858 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26809 visits
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Hogan Lovells (Beijing)
China 81 contributions 21116 visits
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On 12 August 2015, the SAIC published a decision made by the Liaoning Administration for Industry and Commerce (Liaoning AIC) on 1 June 2015 to sanction the Fushun branch of the Liaoning Tobacco Company (Fushun Tobacco) for abuse of dominance. The investigation was initiated in June 2014 in (...)

Mergers

 The EU Commission unconditionally clears acquisition of one equipment manufacturer by another in the market for the supply of aero-derivative gas turbines (Siemens / Dresser-Rand)
Single Resolution Board (Brussels)
Belgium 2 contributions 306 visits
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Oxera (Brussels)
Belgium 6 contributions 18965 visits
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European Commission
Belgium 2 contributions 1486 visits
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Siemens / Dresser* In a nutshell The Commission was concerned that the acquisition of Dresser-Rand by Siemens would reduce the number of significant suppliers from 3 to 2 for rotating equipment in the oil and gas industry. The in-depth investigation showed that the parties’ activities in gas (...)

The EU Commission clears a merger in the market of turbo compressor engines (Siemens / Dresser-Rand)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
MERGERS: COMMISSION APPROVES ACQUISITION OF ROTATING EQUIPMENT MANUFACTURER DRESSER-RAND BY SIEMENS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of rotating equipment manufacturer Dresser-Rand of the US by Siemens of Germany. Both companies (...)

The Indian Competition Authority re-defines control and approves an acquisition (Caladium / Bandhan)
Shardul Amarchand Mangaldas (Mumbai)
India 70 contributions 20131 visits
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Economic Laws Practice (Mumbai)
India 12 contributions 2935 visits
Introduction Caladium Investment Pte. Ltd. (“Caladium”) is a company incorporated in Singapore and an affiliate of GIC, Singapore’s sovereign wealth fund. Bandhan Financial Services Limited (“BFSL”) is a company registered with the Reserve Bank of India (“RBI”) as a non-banking financial (...)

The Danish Competition Authority clears a merger, with structural remedies proposed by the undertaking itself, in the market for poultry feed (Danish Agro)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36478 visits
Divestment of production facilities proves necessary for the approval of agricultural inputs merger* Danish Agro commits itself to divest two production facilities to receive the approval of the merger with Dan Agro, which owns Hedegaard Agro. The merger was approved by the Danish (...)

The US District Court for the District of Columbia grants the FTC a preliminary injunction to halt the proposed merger between the largest US food distributors, leading them to abandon the merger plans (Sysco / US Foods)
Constantine Cannon (Washington)
United States 4 contributions 815 visits
Sysco Scraps US Foods Merger After FTC Victory In Court* Sysco Corp. announced yesterday that it is abandoning its plans to acquire food service rival US Foods Inc., following last week’s setback to the deal in federal court. In an opinion that closely tracked the FTC/DOJ Merger (...)

The Belgian Competition Authority lifts a four-year old merger conditions from the conditional approval of an acquisition (Proximus / The Phone House)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72761 visites
On 8 June 2015, the Belgian Competition Authority (BCA) lifted four-year old merger conditions from the BCA’s conditional approval of the acquisition by telecommunications operator Proximus (formerly Belgacom) of telecommunications retailer The Phone House. In 2011, the BCA’s predecessor (...)

The EU Commission approves a joint venture for cross-border licensing of online music between three music collecting societies (PRSfM / STIM / GEMA)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
Commission approves joint venture for cross-border licensing of online music between PRSfM, STIM and GEMA, subject to commitments* Following an in-depth investigation, the European Commission has approved under the EU Merger Regulation the proposed creation of a joint venture for (...)

The EU Commission conditionally approves online rights licensing and administration joint venture between collective management organizations (PRSfM / STIM / GEMA)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72761 visites
On 16 June 2015, the EU Commission conditionally approved the proposed joint venture between music collective management organisations PRS for music Limited (“PRSfm”) of the UK, Föreningen Svenska Tonsättares Internationella musikbyrå u.p.a. (“STIm”) of Sweden, and Gesellschaft für (...)

The French Competition Authority approves the sale of an oversea telecom company as a mandatory condition to clear a merger in the market of mobile telephony (SFR / Numéricable)
French Competition Authority (Paris)
France 748 contributions 411154 visits
Acquisition of SFR by Numericable: France’s Competition authority and ARCEP approve the sale to the firm Hiridjee of the Outremer Telecom mobile operations that Numericable agreed to divest in La Réunion and Mayotte* On 30 October 2014, the Autorité de la concurrence approved the sale of SFR (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical sector (Merck / Sigma-Aldrich)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
MERGERS: COMMISSION APPROVES ACQUISITION OF SIGMA-ALDRICH BY MERCK, SUBJECT TO CONDITIONS * The European Commission has approved the proposed acquisition of Sigma-Aldrich by Merck under the EU Merger Regulation. Both companies are active world-wide in the life science sector. The decision is (...)

The EU Commission conditionally approves the acquisition of a life science company affecting the market for laboratory chemicals (Merck / Sigma-Aldrich)
European Commission - DG COMP (Brussels)
Belgium 5 contributions 2849 visits
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European Commission - DG COMP (Brussels)
Belgium 8 contributions 5419 visits
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Sciences Po Paris
France 5 contributions 1756 visits
Merck/Sigma-Aldrich: the 200,000 products case* In a nutshell: In the life science case Merck/Sigma-Aldrich, the Commission focused for the first time on "laboratory chemicals", a term that covers hundreds of thousands of specialty chemicals. The Commission identified concerns regarding the (...)

The US Congress prepares the standardization of merger review processes used by the FTC and DOJ (SMARTER Act)
Wolters Kluwer (Riverwoods)
United States 78 contributions 39293 visits
The SMARTER Act and Its Impact on Federal Merger Enforcement* Federal lawmakers are currently considering legislation that would eliminate differences in the procedures used by the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division in challenging unconsummated (...)

The Indian Competition Authority approves a merger of two global pharmaceutical companies because they operate in separate markets in the country (Pfizer / Hospira / Perkins)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI approves merger of Pfizer, Hospira, Inc. and Perkins Holding Company* CCI by its order dated June 11, 2015 approved the execution of an Agreement and Plan of Merger between Pfizer, Hospira, Inc. (Hospira) and Perkins Holding Company (Perkins), a wholly owned subsidiary of Pfizer. The (...)

The UK Competition Authority issues a decision on the situations that may justify the introduction of a material change of circumstances argument as a basis to counter competition remedies imposed to cure anticompetitive concerns raised in a merger (Ryanair / Aer Lingus)
Harcus Parker (London)
United Kingdom 5 contributions 2592 visits
Introduction By Section 22 of the Enterprise Act 2022, the Office of Fair Trading on 15 June 2012, referred the completed acquisition by Ryanair Holdings plc (Ryanair) of a minority shareholding in Aer Lingus Group plc (Aer Lingus) to the UK Competition Commission (Now CMA) for an (...)

The Belgian Competition Authority clears a merger on the markets for industrial scaffolding services and industrial isolation services already approved by the German and Dutch competition authorities (Hertel Holding / Altrad Investment Authority)
Belgian Competition Authority (Brussels)
Belgium 122 contributions 24508 visits
On 8 June, the Competition College of the Belgian Competition Authority has, on proposal of the Competition prosecutor, cleared the acquisition of Hertel Holding NV by Altrad Investment Authority SAS* The acquisition concerns the markets for industrial scaffolding services and industrial (...)

The UK Competition Authority begins an in-depth investigation concerning a merger between two water companies (Bournemouth Water / South West Water)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
SOUTH WEST AND BOURNEMOUTH WATER MERGER REFERRED FOR AN IN-DEPTH INVESTIGATION * The CMA today referred the merger of Bournemouth Water with South West Water for an in-depth phase 2 investigation. Currently the Competition and Markets Authority (CMA) has a duty to refer mergers involving (...)

The UK Competition Authority refers a merger involving the two largest suppliers of fixed communications and mobile communications services to phase 2 investigation (BT / EE)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
BT/EE merger fast-tracked to phase 2 investigation* The CMA has today referred BT Group plc’s anticipated acquisition of EE Limited for an in-depth phase 2 investigation. BT and EE are, respectively, the largest suppliers of fixed communications services and mobile communications services (...)

The Croatian Competition Authority clears a merger in the electronic publishing market and in the electronic publishing advertising market (Adriatic Media / Sedam Mora)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20019 visits
CCA CLEARS ELECTRONIC MEDIA MERGER BETWEEN SEDAM MORA AND ADRIATIC MEDIA* The CCA cleared in the first phase the acquisition of direct control of the undertaking Sedam Mora over the undertaking Adriatic Media given that its assessment proved that the concentration concerned would not produce (...)

The Mozambican Government discloses expensive merger filing fees
Vieira de Almeida (Lisbon)
Portugal 9 contributions 826 visits
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DLA Piper (Lisbon)
Portugal 20 contributions 28643 visits
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Cambule & Américo (Maputo)
Mozambique 1 contribution 48 visits
Decree 79/2015, of June 5, was disclosed yesterday, setting out the fees to be charged by the incoming Mozambican Competition Authority for a number of services. ProcedureFee Merger Filing 5% of the turnover of the year preceding the request for the review of the transaction.The turnover is (...)

The French Competition Authority conditionally clears a merger in the regional daily press market (Les Journaux du Midi / La Dépêche du Midi)
French Competition Authority (Paris)
France 748 contributions 411154 visits
The Autorité de la concurrence clears, subject to conditions, the acquisition of Les Journaux du Midi by La Dépêche du Midi.* The La Dépêche du Midi Group is mainly active in the South/South-West of France, with the publication of the following regional daily press titles: La Dépêche du (...)

The UK Competition Authority clears a merger, following an in-depth investigation in the market of chilled savoury pastry (Pork Farms Caspian / Kerry Foods)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA CONFIRMS CLEARANCE OF PORK FARMS / KERRY FOODS MERGER* The CMA has today cleared the completed acquisition by Pork Farms Caspian of the chilled savoury pastry business of Kerry Foods. This confirms April’s provisional findings by the group of Competition and Markets Authority (CMA) (...)

The French Competition Authority clears a merger in the daily newspaper market (Libération and L’Express / Mr Drahi)
French Competition Authority (Paris)
France 748 contributions 411154 visits
The Autorité de la concurrence clears the acquisition of Libération, on the one hand, and L’Express on the other hand, by Mr. Patrick Drahi.* The Autorité de la concurrence clears the acquisition by Mr. Patrick Drahi of the daily newspaper Libération (held by NewsCo Group and PMP Holding), (...)

State Aid

 The EU General Court explains that a public authority can act as a private investor in paying to bring forward future revenue (Netherlands, Gemeente Leidschendam-Voorburg, Bouwfonds Ontwikkeling and Schouten & De Jong Projectontwikkeling)
Maastricht University (Maastricht)
Belgium 357 contributions 67162 visits
The Market Economy Investor Principle Applies also to Avoidance of Losses* A public authority can act as a private investor in paying to avoid costly contractual clauses. A public authority can act as a private investor in paying to bring forward future revenue. Introduction When a (...)

The EU General Court states that, despite having a margin of discretion, a prudent private investor always carries out an assessment of the potential profitability of the investment before it commits any money (SACE and Sace BT)
Maastricht University (Maastricht)
Belgium 357 contributions 67162 visits
Application of the MEIP to Transactions between Parent and Subsidiary Companies* The Market Economy Investor Principle also applies to transactions between related companies. A private investor enjoys a margin of discretion in deciding in favour or against an investment. However, despite (...)

The EU General Court reminds Member States that individual awards of de minimis aid must remain below the relevant threshold as well as the sum of all individual awards in any three-year period (Italy)
Maastricht University (Maastricht)
Belgium 357 contributions 67162 visits
The Use and Abuse of De Minimis Aid & State Resources* Individual awards of de minimis aid must remain below the relevant threshold as well as the sum of all individual awards in any three-year period. Introduction This article reviews a case that, among other things, deal with the (...)

The England & Wales High Court rules whether statutory licence granted to the tech industry could be aid through state resources (British Academy of songwriters, composers and authors)
Blackstone Chambers (London)
United Kingdom 8 contributions 1910 visits
Of Megabytes and Men: the private use exception under the judicial lens and lessons for state aid claims* On 19 June 2015, the High Court allowed a claim for judicial review against the decision to introduce a narrow ‘private copying’ exception to the Copyright, Designs and Patents Act 1988 (...)

The Italian Council of State overturns a ruling which annulled a EU Commission State aid recovery order on the grounds of limitation periods because such a ruling undermines the European legal principle of effectiveness (INPS)
BonelliErede (Brussels)
Belgium 28 contributions 23419 visits
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Luiss Guido Carli University (Rome)
Italy 24 contributions 1170 visits
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BonelliErede (Brussels)
Belgium 24 contributions 2172 visits
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On 16 June 2015, the Council of State delivered Decision No. 3036 in the appeal brought by the National Social Security Authority (“INPS”) against a decision issued by TAR Veneto that annulled orders to repay unlawful, incompatible aid. Background & facts of the case Between 1995 and (...)

The Italian Council of State overturns a decision which blocked a recovery of State aid order by the EU commission on the grounds that there was negligible room for discretion by national authorities, thus the Regional Administrative Court of Veneto was acting ultra vires by blocking it (INPS)
BonelliErede (Brussels)
Belgium 28 contributions 23419 visits
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Luiss Guido Carli University (Rome)
Italy 24 contributions 1170 visits
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BonelliErede (Brussels)
Belgium 24 contributions 2172 visits
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On 16 June 2015, the Council of State delivered Decision No. 3036 in which it partially upheld the appeal brought by the National Social Security Authority (“INPS”) against a decision issued by the Regional Administrative Court of Veneto (“TAR Veneto”). The TAR Veneto decision annulled certain (...)

The EU Court of Justice holds that levying charges to maintain equal treatment is not necessarily selective (MOL Magyar Olaj)
Maastricht University (Maastricht)
Belgium 357 contributions 67162 visits
Levying of Charges to Maintain Equal Treatment Is Not Necessarily Selective* The standard of proof of whether a measure is selective depends on whether that measure is a scheme or a grant of individual aid. Measures providing for exemption are by definition selective. Measures that impose (...)

The EU Court of Justice explains that measures that impose additional charges for the purpose of maintaining equality between operators do not necessarily qualify as State aid (Kernkraftwerke Lippe-Ems / Hauptzollamt Osnabrück)
Maastricht University (Maastricht)
Belgium 357 contributions 67162 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 Court of Justice implicitly rejects the General Court’s views on subjective assessment of two-part State aid measures under Art 107(1) TFEU (MOL Magyar Olaj)
University of Bristol - Law School
United Kingdom 92 contributions 25757 visits
CJEU implicitly rejects GC’s views on subjective assessment of two-part State aid measures under Art 107(1) TFEU (C-15/14)* In its Judgment in Commission v MOL, C-15/14, EU:C:2015:362, the CJEU upheld the previous Judgment of the GC where the selectivity of two-part State aid measures was (...)

Procedures

 The US Congress passes antitrust whistleblower protection act
Robert Connolly Law (Philadelphia)
United States 23 contributions 5205 visits
Should There Be an Antitrust Whistleblower Statute?* On July 22cd, the Senate passed the Criminal Antitrust Anti-Retaliation Act of 2015. The bill now goes to the House for consideration. If signed into law the Act will create for the first time whistleblower protections for employees who (...)

The US Congress passes a bill that would protect employees who report suspected criminal antitrust activity to their employer or the federal government from workplace retaliation
Wolters Kluwer (Riverwoods)
United States 78 contributions 39293 visits
Antitrust Whistleblowers Get Another Shot at Federal Protection from Retaliation by Employers* A bill is advancing through the U.S. Senate that would protect employees who report suspected criminal antitrust activity to their employer or the federal government from workplace retaliation. The (...)

The Swedish Supreme Court rejects a claim for annulment of an arbitration award without assessing the formal matter of the legislation on which the award was based (Systembolaget / Absolut)
Klarna (Stockholm)
Sweden 9 contributions 1550 visits
The Swedish Supreme Court rejected, on 17 June 2015, a claim for annulment of an arbitration award. The claimant, Systembolaget Aktiebolag (“Systembolaget”) contended that the arbitration panel had misinterpreted the competition rule and that the legal issue of the case did not fall within the (...)

The England & Wales High Court renders a judgment regarding a cartel damages settlement exploring what “collateral defence” means (W.H. Newson Holding / IMI)
Blackstone Chambers (London)
United Kingdom 23 contributions 5954 visits
Settling cartel damages actions: contribution defendants beware* Anyone who has ever tried to settle a cartel damages case will know that the law relating to settlements is fraught with difficulty. The recent judgment of the High Court in IMI Plc v Delta Ltd [2015] EWHC 1676 (Ch) highlights (...)

The Spanish Supreme Court declares a dawn raid illegal because Competition Authority officials did not inform the company that the search warrant had been previously denied (Montibello)
Cuatrecasas (Madrid)
Spain 3 contributions 1299 visits
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European Commission - DG CNECT (Brussels)
Belgium 2 contributions 182 visits
On June 15, 2015, the Spanish Supreme Court issued judgment number 1407/2014 on the Cosmética Cosbar S.L. (“Montibello”) appeal against a National High Court judgment, which confirmed the decision of the Comisión Nacional de la Competencia (former Spanish Competition Commission, “CNC”) of (...)

The Montenegrin and Croatian Competition Authorities sign a memorandum on cooperation
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
Memorandum on Cooperation between Croatian and Montenegrin Competition Agencies* The Montenegrin Agency for Protection of Competition and the Croatian Competition Agency (CCA) signed on 1 June 2015 in Budva (Montenegro) a memorandum of cooperation. On behalf of the CCA, the Memorandum was (...)

The Spanish Supreme Court annuls two decisions of the Spanish Competition Authority because the evidence obtained during inspections were invalid because obtained as a result of the violation of a fundamental right (Trasmediterránea y Europa Ferrys)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47335 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22351 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4239 visits
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The SC has annulled two NMCC decisions fining Transmediterránea (a Spanish shipping company that operates passenger and freight ferries). In particular, in two separate decisions (of November 2011 and February 2012) the NCC fined Transmediterránea €48.2 million for having participated in two (...)

Regulatory

 The Dutch Competition Authority recommends reducing barriers to entry in the national market for SME loans (ABN AMRO / ING / Rabobank)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
Limited competition on Dutch market for SME-finance* ACM has investigated competition among banks active in the Dutch market for SME loans. ACM concludes that there is insufficient competition among banks in this market. The Netherlands Authority for Consumers and Markets (ACM) has (...)

The OECD holds a roundtable on competition issues in liner shipping
OECD - Competition Division (Paris)
France 313 contributions 1448902 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) Since its inception, the ocean liner shipping industry has been governed by the so-called (...)

The OECD holds a roundtable on oligopoly markets
OECD - Competition Division (Paris)
France 313 contributions 1448902 visits
Executive summary, by the Secretariat * Considering the discussion at the session, the delegations’ written submissions, the expert panellists’ presentations, as well as the Secretariat’s issues paper, several points emerge: 1. Explicit collusive agreements are considered unlawful under (...)

The OECD holds a roundtable on competitive neutrality in competition policy
OECD - Competition Division (Paris)
France 313 contributions 1448902 visits
Executive summary, by the Secretariat Considering the roundtable discussion, the delegates’ written contributions and the Secretariat paper, the following key points emerge: 1. Competitive neutrality is important to effective competition policy and vice versa. As governments strengthening (...)

The OECD holds a roundtable on changes in institutional design of competition authorities
OECD - Competition Division (Paris)
France 313 contributions 1448902 visits
Institutional design is a critical component of competition law and policy. Good competition laws on the books are meaningless without well-designed institutions to enforce them. At the same time, many different models exist and working out the optimal institutional design is complex since (...)

The OECD holds roundtable on disruptive innovations and their effect on competition
OECD - Competition Division (Paris)
France 313 contributions 1448902 visits
Executive summary, by the Secretariat On 16 June 2015, the OECD Competition Committee held a Hearing on Disruptive Innovation (“Hearing”). The purpose of the Hearing was to discuss competition policy responses to new technologies or business models that have the potential of profoundly (...)

The OECD holds a roundtable on public and private antitrust enforcement in competition
OECD - Competition Division (Paris)
France 313 contributions 1448902 visits
Executive summary, by the Secretariat * Considering the discussion at the roundtable held by Working Party No.3 on Co-operation and Enforcement on 15 June 2015, the delegates’ submissions, the panellists’ presentations and the Secretariat’s background paper, several points are noted: (1) (...)

The Canadian Competition Authority issue a draft update to the Intellectual Property Enforcement Guidelines
Fasken Martineau DuMoulin (Toronto)
Canada 1 contribution 15 visits
On June 9, 2015, the Competition Bureau (“the Bureau”) released, for public comment, an updated draft of its Intellectual Property Enforcement Guidelines (“the Guidelines”) proposing a number of substantive revisions. This update follows two earlier versions published in April 2014 and (...)