June 2019 - II

Anticompetitive practices

The UK Competition Authority provisionally finds that four pharmaceutical companies broke competition law by fixing the quantities and the prices of an anti-depressant drug (Auden Mckenzie / King / Alissa / Lexon)
British Competition Authority - CMA (London)
Suppliers of antidepressants accused of illegal anti-competitive conduct* The CMA has provisionally found that 4 pharmaceutical companies broke competition law in relation to the supply of an anti-depressant drug. The Competition and Markets Authority (CMA) has accused competitors King and (...)

The Mexican Competition Authority fines toothbrush suppliers for bid rigging in public health sector (Galeno / Dentilab / Holiday)
Mexican Competition Authority (Mexico City)
COFECE sanctions toothbrush suppliers for bid rigging in public health sector tenders* • The sanctioned companies coordinated and rigged bids in public tenders, or abstained from participating, to divide amongst them the market of toothbrushes for adults and infants procured by the health (...)

The Hungarian Competition Authority fines several companies for price coordination by using online cash registers (IPSZOI)
Hungarian Competition Authority (Budapest)
The competition supervision procedure initiated against PayPal has ended with the acceptance of commitments* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) accepted the commitments of the online payment method provider, PayPal. On the basis of the commitments, the (...)

The Czech Competition Authority confirms fines imposed for bid-rigging to window producers (DAFE-PLAST Jihlava / OFS 2000 / SULKO)
Czech Competition Authority (Brno)
FINES FOR BID RIGGING CARTEL OF WINDOW PRODUCERS WERE CONFIRMED* The above mentioned undertakings infringed national competition rules by coordinating their participation and bids regarding the public contract for the change of doors and windows on premises of the Ministry of Education, Youth (...)

The Mexican Competition Authority notifies economic agents of their probable responsibility for collusion in the pharmaceutical market following an investigation in the health sector
Mexican Competition Authority (Mexico City)
COFECE notifies economic agents of a statement of probable responsibility for collusion in the market for pharmaceuticals* • The Investigative Authority concluded their probe and issued a statement indicating probable collusion. • The notification of a statement of probable responsibility (...)

The Croatian Competition Authority opens an infringement proceeding against a winemaker after the contracts concluded with its suppliers of grapes (Iločki podrumi)
Croatian Competition Agency (Zagreb)
UTPs infringement proceeding against winemaker ILOČKI PODRUMI* The Croatian Competition Agency (CCA) opened the infringement proceeding against the undertaking Iločki podrumi after having examined the contracts concluded between the winemaker and its suppliers of grapes. The CCA notes here that (...)

The Düsseldorf Court of Appeal quashes the Federal Cartel Office decision and finds a most favoured nation clause on a hotel booking platform to be compatible with antitrust law (Booking.com)
Heinz & Zagrosek (Köln)
Booking.com’s "narrow" MFN clauses now also permissible in Germany, Court of Appeals rules* On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best price (...)

The Croatian Competition Authority opens an infringement proceeding against a mass retailer following the detection of several possibly contestable provisions in its contracts concluded with its suppliers (PEMO)
Croatian Competition Agency (Zagreb)
CCA opens UTPs infringement proceeding against re-seller PEMO* The Croatian Competition Agency (CCA) opened the infringement proceeding against the undertaking PEMO from Dubrovnik after having detected one or more unclear and possibly contestable provisions in the contracts concluded between (...)

The Belgian Competition Authority fines the pharmacists’ order for trying to prevent the emergence of new competitors in the market (Orde der apothekers)
Belgian Competition Authority (Brussels)
The Competition College of the Belgian Competition Authority condemns “l’Ordre des pharmaciens – Orde der apothekers” for having tried to hinder the development of the MediCare-Market group and imposes a fine of 1 million euros* The Competition College of the Belgian Competition Authority (BCA) (...)

The Hungarian Competition Authority fines a retailer for fixing the online retail prices of its products (Husqvarna Magyarország)
Hungarian Competition Authority (Budapest)
The GVH imposes a fine of HUF 100 million on Husqvarna Magyarország Kft. for fixing the online retail prices of its products* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) imposed a fine of HUF 111 million (approx. EUR 330 thousand) on Husqvarna Magyarország Kft. because (...)

The Italian Competition Authority fines several companies for bid-rigging in the context of tenders for the assignment of broadcasting rights of football matches in tournaments organized by the Italian football league (MP Silva / IMG / B4 Capital)
Italian Competition Authority (Rome)
ICA: agreement on tenders for the assignment of international rights to football on TV. MP Silva, IMG and B4 Capital fined 67 million Euros* On April 24 the Italian Competition Authority concluded an investigation, ascertaining a violation of art. 101, paragraph 1, of the Treaty on the (...)

The Belgian Competition Authority carries out unannounced inspections in the retail sector
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms the inspections at retail chains* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms that the BCA is conducting inspections at the premises of some companies active in the retail sector. These companies are (...)

The Hungarian Competition Authority fines solar battery producers for price coordination (Alter Energetikai Iroda Tudományos / Szolgáltató / Megújuló Energiapark Kutatóközpont / Új Irány Energetika / LKM.HU Service / Havrilla-Ép Építőipari Szolgáltató)
Hungarian Competition Authority (Budapest)
The GVH fines solar battery producers for cartel activity* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) established that five undertakings had infringed competition law when they shared 26 EU funded projects among themselves relating to the production of solar power (...)

The Turkish Competition Board finds no-poaching clauses in a gym company franchising agreements against competition law (BFIT)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of Turkish Competition Board’s (the “Board”) BFIT preliminary investigation decision (07.02.2019, 19-06/64-27) in which the Board evaluated non-compete and no-poaching obligations imposed by Bfit Sağlık ve Spor Yatırım ve Tic. A.Ş. (“BFIT”) to its franchisees. (...)

Unilateral Practices

The Russian Competition Authority opens a proceeding against a railway company suspected to fix a monopolistically high price for heating energy in the form of steam (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
THE ANTIMONOPOLY SERVICE OPENED A CASE AGAINST RUSSIAN RAILWAYS* FAS exposed elements of fixing monopolistically high price for heating energy in the form of steam The Antimonopoly Service received a complaint from “Rikwest-Service” Ltd. about signs of violating the antimonopoly law by Samara (...)

The Brazilian Antitrust Authority enters in a settlement agreement with a major refining company for the sale of oil refineries (Petrobras)
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
,
Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
,
Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Rio de Janeiro)
During a hearing held on June 11, 2019, the Administrative Council for Economic Defense (CADE) entered into a Settlement Agreement with Petrobras for the sale of eight oil refineries and associated infrastructure. The agreement was approved by the majority of CADE’s Commissioners and has in (...)

The Croatian Competition Authority finds that the Croatian Taekwondo Federation did not abuse of its dominant position (Hrvatskog taekwondo saveza)
Croatian Competition Agency (Zagreb)
Croatian Taekwondo Federation did not abuse dominant position* The Croatian Competition Agency (CCA) found that the latter that was sent by the Croatian Taekwondo Federation (CTF) to all its members including the complainant – the undertaking LMK, potentially limited access only to a smaller (...)

The Italian Competition Authority launches an investigation against a search engine company suspected to abuse of its dominant position (Google)
Italian Competition Authority (Rome)
ICA: investigation launched against Google for alleged abuse of a dominant position* n the meeting of 8 May 2019, the Italian Competition Authority decided to launch an investigation against Alphabet Inc., Google LLC and Google Italy S.r.l. (indicated together as Google) to ascertain an (...)

Mergers

The Danish Competition Authority clears a merger subject to remedies in the market of retail provision of TV services via fibre optic infrastructure (SE / Eniig)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved the merger between SE a.m.b.a and Eniig a.m.b.a. subject to remedies* On 21 December 2018 the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of the merger between SE a.m.b.a. (hereinafter “SE”) and Eniig (...)

The EU Commission clears a merger subject to remedies in the markets of night vision devices and handheld video data links (L3 Technologies / Harris Corporation)
DG COMP (Brussels)
Mergers: Commission approves acquisition of L3 Technologies by Harris Corporation, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of L3 Technologies by Harris Corporation, both aerospace and defence companies based in the (...)

The French Competition Authority clears a merger in the cardboard sector following remedies accepted by EU Commission (International Paper Company / DS Smith)
French Competition Authority (Paris)
Cardboard sector* In part of commitments that are conditions for the European Commission’s approval of the acquisition of Europac by DS Smith, the Autorité de la concurrence gives clearance to International Paper Company to acquirethe two Normandy plants of DS Smith Packaging Normandie On 14 (...)

The UK Competition Authority clears a merger in the online and offline payment services market (PayPal /iZettle)
British Competition Authority - CMA (London)
CMA clears PayPal / iZettle deal* The CMA has cleared PayPal’s completed takeover of rival mobile payments company iZettle after an in-depth, Phase 2, investigation. Both companies provide mobile point of sale (mPOS) devices that enable businesses to take ‘offline’ payments through a card reader (...)

The UK Competition Authority clears a takeover of a mobile payments company after an in-depth Phase 2 probe (PayPal / iZettle)
CRA International (London)
,
CRA International (London)
,
Charles River Associates (Boston)
Acquisitions of Potential Rivals in Digital/Tech: Valuation Analysis as Key Economic Tool - PayPal/iZettle Antitrust authorities everywhere are increasingly concerned with so-called “killer acquisitions” – cases where an established incumbent buys up a small rival which might have the potential (...)

The German Competition Authority announces the withdrawal of a merger notification between companies in the information technology sector (IBM / T-Systems)
German Competition Authority (Bonn)
IBM withdraws notification of its acquisition of staff, hardware and software from T- Systems’ mainframe business after the Bundeskartellamt expressed concerns* Bonn, 7 June 2019: IBM Deutschland GmbH, Ehningen, has withdrawn its notification of plans to acquire essential hard and software as (...)

The Mexican Competition Authority blocks a concentration between a retail company and a company offering logistical services to retailers (Walmart / Cornershop)
Mexican Competition Authority (Mexico City)
COFECE blocked Walmart/Cornershop concentration* • The proposed deal could generate incentives to unduly displace or block competitors’ access to the Cornershop platform and/or hinder the development of new platforms. • The new economic agent resulting from the transaction would gain sufficient (...)

The Czech Competition Authority clears a merger subject to remedies in the bread market (Agrofert / Ub Holding)
Czech Competition Authority (Brno)
AGROFERT IS ALLOWED TO TAKE OVER UNITED BAKERIES, BUT IT HAS TO SELL OFF SEVERAL FACILITIES* On 23 May 2019, the Office for the Protection of Competition issued a decision approving AGROFERT a.s. to take sole control over UB HOLDING a.s. and its subsidiary UNITED BAKERIES a.s., subject to a (...)

The Italian Competition Authority clears a merger subject to remedies in the retail pay-TV market (Sky / R2)
Italian Competition Authority (Rome)
ICA: authorisation with measures of the Sky/R2 merger (branch of Mediaset Premium)* On 20 May 2019, the Italian Competition Authority (AGCM) has concluded its investigation regarding the acquisition of certain assets of the digital terrestrial pay-TV owned by Mediaset Premium S.p.A. by Sky (...)

State Aid

The EU Commission approves under EU State Aid rules the support for the production of electricity from renewable sources in Italy
DG COMP (Brussels)
State aid: Commission approves €5.4 billion support for production of electricity from renewable sources in Italy* The European Commission has approved, under EU State aid rules, a scheme to support electricity production from renewable sources in Italy. The measure will contribute to the EU (...)

The EU Commission opens an in-depth investigation to assess whether some capital injections granted by Denmark and Sweden to postal companies are in line with EU State aid rules (PostNord / Post Danmark)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into capital injections in favour of PostNord and Post Danmark* The European Commission has opened an in-depth investigation to assess whether certain capital injections granted by Denmark and Sweden to PostNord and Post Danmark are in line (...)

The EU Commission opens an in-depth investigation to determine whether the public financing model of the Fehmarn Belt fixed rail-road link is in line with EU State aid rules
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into public financing of Fehmarn Belt fixed rail-road link* The European Commission has opened an in-depth investigation to determine whether the public financing model of the Fehmarn Belt fixed rail-road link is in line with EU State aid (...)

The EU Commission opens an in-depth investigation into Lithuanian electricity strategic reserve measure (AB Lietuvos Energija)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into Lithuanian electricity strategic reserve measure* The European Commission has opened an in-depth investigation to assess whether Lithuanian support to energy company AB Lietuvos Energija in the context of a strategic reserve measure may (...)

Procedures

The US Supreme Court rejects an attempt to block consumer claims against a big tech company under the indirect-purchaser rule (Apple / Pepper)
Jones Day (Sillicon Valley)
,
Jones Day (Houston)
,
Jones Day (Los Angeles)
In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court’s most significant antitrust rulings of the last several years. In a majority opinion authored by Justice Kavanaugh, the Court held that iPhone owners who purchased software applications (“apps”) from (...)

The Milan Court provides guidance on the application of the Italian Code of Civil Procedure to a private enforcement action following the decision of the EU Commission imposing fines on a truck cartel (Torchiani / Tecnofoodpack / Iveco)
Rucellai & Raffaelli (Milan)
1.- Introduction After the adoption of the European Commission Decision, on 19 July 2016, imposing fines of over 2.9 billion Euro on the most important truck manufacturers (i.e. the so-called case AT.39824 – Trucks), a copious series of antitrust damages actions have been promoted all over (...)

The Delhi High Court finds constitutional validity of certain provisions of the Indian Competition Act (Shamsher Kataria)
KK Sharma Law Offices (New Dehli)
During the pendency of case No. 03/2011 before the CCI, from which the present case arise, the opposite parties of case No. 03/2011 moved to the DHC to challenge constitutional validity of certain provisions of the Competition Act. By exercising its power of judicial review, the DHC held (...)

Regulatory

The French Ministry of Economy and Finance publishes an Ordinance amending the Commercial Code provisions relating to “transparency, competition-restricting practices and other prohibited practices”
LPA-CGR avocats
,
LPA-CGR avocats
Ordinance No. 2019-359 dated 24 April 2019, art. 2 On 24 April 2019, the French Government issued an Ordinance No. 2019-359 amending the Commercial Code provisions relating to “transparency, competition-restricting practices and other prohibited practices”. Among the amended provisions, the (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues