March 2010

Anticompetitive practices

 The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on manufacturers of office furniture for bid rigging (ITOKI)
Japan Fair Trade Commission (Tokyo)
Japan 129 contributions 23007 visits
Cease and Desist Orders and Surcharge Payment Orders against Manufacturers of office furniture ordered by the Air Self-Defense Force (ASDF) of the Ministry of Defense (MOD)* The Japan Fair Trade Commission (JFTC), under the provisions of the Antimonopoly Act (AMA), has investigated (...)

The Chinese NDRC publishs first decision against price cartel under new anti-monopoly law (Guangxi Rice Noodle cartel)
Jones Day (Shanghai)
China 51 contributions 23342 visits
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 12005 visits
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Jones Day (Beijing)
China 44 contributions 20286 visits
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China’s competition law enforcement authorities published their first decision against a price cartel on March 30, 2010, more than one and a half years after the Anti-Monopoly Law (AML) came into effect. This action against domestic rice noodle producers was reported by the National Development (...)

The Italian Competition Authority starts an investigation into the national consortium for the recovery and recycling of cellulose-based packaging for alleged infringement of Art. 101 TFEU (COMIECO)
Italian Competition Authority (Rome)
Italy 4 contributions 5700 visits
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Luiss Guido Carli University (Rome)
Italy 7 contributions 8580 visits
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Luiss Guido Carli University (Rome)
Italy 15 contributions 11091 visits
On March 30th, 2010 the Italian Competition Authority (hereinafter, the ICA) opened a formal investigation into the activities and internal working of the “National Consortium for the recovery and recycling of cellulose-based packaging (hereinafter, the Consortium or COMIECO), members of which (...)

The UK Competition Authority fines £28.6 million for price-fixing cartel in the bank industry (Royal Bank of Scotland)
University of East Anglia (Norwich)
United Kingdom 29 contributions 25771 visits
Reckless Bank Saved by the Taxpayer Will Now Pay Cartel Fine* British bank, Royal Bank of Scotland (RBS), has agreed to pay a fine of £28.6 million for price fixing. RBS employees shared confidential pricing information concerning commercial loans, with their counterparts at Barclays, who (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on manufacturers of cathode ray tubes for televisions for having implemented a price-fixing agreement (Samsung SDI and P.T. LP Displays Indonesia)
Japan Fair Trade Commission (Tokyo)
Japan 129 contributions 23007 visits
Cease-and-Desist Order and Surcharge Payment Orders against Manufacturers of Cathode Ray Tubes for Televisions* The Japan Fair Trade Commission (hereinafter referred to as “the JFTC”), on October 7, 2009, issued a cease-and-desist order pursuant to the provision of Paragraph 2,Article 7 of the (...)

The New York Attorney General relies on New York General Business Code in a petition challenging restrictions on advertised prices used by a leading mattress manufacturer (Tempur-Pedic)
Mayer Brown (Chicago)
United States 1 contribution 181 visits
In a series of articles and public statements, enforcement officials from the New York Attorney General’s office have warned that vertical agreements to fix minimum resale prices, also referred to as minimum resale price maintenance (RPM) agreements, may remain per se unlawful under existing New (...)

The Croatian Competition Authority establishes existence of concerted practices among newspaper publishers that led to a uniform price increase (Slobodna Dalmacija / Europapress holding / RTD / Glas Slavonije / Glas Istre / Novi list / Večernji list / Vjesnik-naklada)
University of Macau - Faculty of Law
China 284 contributions 224154 visits
On 25 March 2010 the Croatian Competition Authority (AZTN) established that eight publishers of daily newspapers violated national equivalent of Article 101 TFEU by entering into an anticompetitive agreement in the form of concerted practices, which led to the uniform increase of the retail (...)

The EU Commission adopts new and streamlined insurance block exemption
Morgan Lewis (London)
United Kingdom 28 contributions 16147 visits
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British Airways (Harmondsworth)
United Kingdom 2 contributions 1163 visits
The European Commission has today adopted a new Insurance Block Exemption («New IBER»), exempting certain categories of cooperation in the insurance sector from the prohibition against anticompetitive cooperation contained in Article 101(1) of the Treaty on the Functioning of the EU («TFEU»). It (...)

The EU Commission adopts a block exemption regulation for the insurance sector
European Commission - DG COMP (Brussels)
Belgium 1 contribution 458 visits
"The New Block Exemption Regulation for the Insurance Sector"* A block exemption regulation (BER) allows market players the benefit of a safe harbour from the prohibition on anti-competitive agreements, decisions and concerted practices laid down in Article 101(1) of the Treaty on the (...)

The EU Commission adopts a Block Exemption Regulation for the insurance sector
Winston & Strawn (London)
United Kingdom 6 contributions 3966 visits
On 24 March 2010, the European Commission (Commission) adopted a new Block Exemption Regulation (new BER) for the insurance sector. This exempts certain agreements from the EU-wide ban on anticompetitive practices contained in Article 101 Treaty on the Functioning of the European Union (TFEU) (...)

The Italian Competition Authority closes its first leniency application case finding a price fixing cartel among the three main operators in the market for liquefied petroleum gas (Prezzo per il GPL)
Ashurst (Brussels)
France 45 contributions 45509 visits
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Alcon (Milan)
Italy 10 contributions 8167 visits
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Iliad (Milano)
Italy 9 contributions 14311 visits
Background On March 24, 2010, the Italian Competition Authority (ICA) issued its first cartel decision based on a leniency application, approximately 3 years after the ICA officially adopted its Leniency Program. The case concerns a ten-year cartel between the three main Italian suppliers of (...)

The French Competition Authority sanctions a professional association for having called for a boycott of opticians on the replacement of glasses without a prescription sector (Syndicat national des ophtalmologistes de France - SNOF)
French Competition Authority (Paris)
France 727 contributions 380076 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence sanctions the French national association of ophthalmologists (Syndicat national des ophtalmologistes de France - SNOF) for having called for a boycott of opticians affiliated (...)

The French Supreme Court agrees with EU Court of Justice that a trademark owner can oppose the resale of its luxury goods by discount stores (Caud / Chanel)
Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50292 visits
In its recently published judgment in Caud/Chanel, the French Supreme Court (Cour de Cassation) followed the approach of the European Court of Justice (“ECJ”) in Copad/Christian Dior Coutureconcerning the exhaustion of trademark rights in respect of luxury goods. In that judgment, the ECJ held (...)

The Competition Authority of Bosnia & Herzegovina investigates tender procedures for the supply of the vaccines organized by the State health insurance office (Pharma-Maac)
University of Macau - Faculty of Law
China 284 contributions 224154 visits
On 21 October 2009 the Competition Authority of Bosnia & Herzegovina (KV) received a complaint lodged by the pharmaceuticals trading company Pharma-Maac. The applicant alleged the existence of anticompetitive agreement between the Health Insurance Office of the Sarajevo Canton (hereinafter: (...)

The Hellenic Competition Authority concludes that a joint purchase agreement between refineries does not restrict competition (Hellenic Petroleum and Motor Oil Hellas)
OECD - Competition Division (Paris)
France 3 contributions 2130 visits
On 23 March 2010, the Hellenic Competition Commission («HCC») concluded an own-initiative investigation with a ruling that the joint purchase agreement between Hellenic Petroleum («ELPE») and Motor Oil Hellas in relation to the operation of a pipeline to the Athens International Airport does not (...)

The French Competition Authority issues two opinions on questions involving mass retail distribution which may hinder the functioning of competition in this sector
Galderma (Paris)
France 6 contributions 14903 visits
On 25 February and 19 March 2010, the French Competition Authority decided on its own initiative, to make a reference to issue two opinions in the mass retail distribution sector, in order to ensure that the functioning of competition in this sector is not hindered. The French NCA’s power to (...)

The Danish Competition Authority adopts a commitment decision lifting a ban on reporting of sales prices and contribution margins (Bestseller)
Plesner (Copenhagen)
Denmark 41 contributions 74129 visits
On 24 March 2010, the Danish Competition Council adopted a commitment decision, cf. section 16 a of the Danish Competition Act, allowing Bestseller A/S to regain access to price information from its franchise partners - irrespective of a previous injunction issued by the Competition Council in (...)

The EU Commission consults on remedies regarding cooperation between companies in the airline sector (Iberia / British Airways / American Airways)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90681 visits
On 10 March 2010, the European Commission opened a consultation on remedies offered by British Airways (“BA”), American Airlines (“AA”) and Iberia in the context of its review of the airlines’ envisaged cooperation relating to transatlantic flights under Article 101 TFEU. The three airlines have (...)

The Serbian Competition Authority releases its 2009 Annual Report
University of Macau - Faculty of Law
China 284 contributions 224154 visits
On 8 March 2010 the Serbian Competition Authority (Komisija za zastitu konkurencije) (KZK) released its 2009 Annual Report, where it summarized its law enforcement and related activities carried out in 2009. The core event of the year of 2009 definitely was the adoption of the new Law on (...)

The Luxembourg Competition Council imposes its first fines for cartel practices and clarifies its fining and leniency policy (“Cité judiciaire”)
NautaDutilh (Luxembourg)
Luxembourg 23 contributions 76667 visits
1. On 5 March 2010, the Luxembourg Competition Council (“Conseil de la concurrence”) has imposed fines on 7 flooring undertakings for bid rigging practices during a public procurement procedure for flooring works in the new court buildings in Luxembourg-City. The procedure began with a complaint (...)

The Luxembourg Competition Council fines seven companies member of a cartel in the flooring industry (“Cité judiciaire”)
Brown Brothers Harriman (BBH) (Luxembourg)
Luxembourg 30 contributions 74560 visits
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Arendt & Medernach (Luxembourg)
Luxembourg 55 contributions 108764 visits
On 5 March 2010, the Luxembourg Competition Council (Conseil de la concurrence) released its first decision on the merits by which it imposed fines on seven companies which were sanctioned for coordinating between themselves when submitting applications for public bids. This decision provides (...)

The US DOJ opens an investigation about a possible collusion among various hedge funds that trade euro contracts
White & Case (Washington)
United States 30 contributions 18282 visits
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White & Case (New York)
United States 11 contributions 5664 visits
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White & Case (New York)
United States 11 contributions 3770 visits
According to published reports, the Antitrust Division of the US Department of Justice (DOJ) has opened an investigation into possible collusion among various hedge funds that trade euro contracts. The inquiry comes amid a sharp decline in the value of the euro, which has fallen approximately (...)

The Czech Regional Court in Brno rules that the Competition Authority is under the duty to return along with a refunded fine the default interest on it (Českomoravská stavební spořitelna)
Havel and Partners
7 contributions 11200 visits
I. Introduction On 2 March 2010, the Regional Court in Brno issued a judgment holding that the Competition Office, following the annulment of its decision by an appellate court, is under the duty to repay to the undertaking previously fined not only the amount of the fine but also the default (...)

The German Competition Authority fines mortar cartelists € 13 M for price fixing (Hagebau, Eurobaustoff, Verband Norddeutscher Baustoffhändler, Baustoff-Fachverband Landsberg)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90681 visits
On 2 March 2010, the German Federal Cartel Office (“FCO”) announced that it had imposed fines totalling € 13.36 million on the members of a price-fixing cartel in the mortar sector, who had agreed on charging additional fees to customers to cover the setting up of silos for dry mortar. The FCO’s (...)

The UK Supreme Court rules for the extradition of former CEO to the United States on antitrust charges of obstruction and anticompetitive practices (Ian Norris)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90681 visits
On 24 February 2010, Ian Norris, the former CEO of Morgan Crucible plc, was extradited to the United States by British authorities to stand trial on charges of obstructing the course of justice in connection with an antitrust investigation conducted by the US Department of Justice (“DOJ”). The (...)

Unilateral Practices

 The Swedish Competition Authority reduces the obligation of members of a food products group to supply dairy products (Arla Foods Group)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216814 visits
Sweden: Arla Farmers allowed to supply more to rival Dairies Following a Decision by the Swedish Competition Authority (SCA) of 31 March 2010, the Swedish Members of the Arla Foods Group are now entitled to deliver up to 50 % of their Milk Production to other Non-Arla Dairies. Before the (...)

The U.S. District Court for the District of Maryland grants motion for summary judgment on claims of maintaining a monopoly in the operating systems market (Novell / Microsoft)
IPR University Center (Helsinki)
Finland 29 contributions 5356 visits
U.S. District Court dismisses Novell’s claims against Microsoft* On 30 March 2010 the U.S. District Court for the District of Maryland granted Microsoft’s motion for summary judgment on Novell’s claims that Microsoft violated U.S. antitrust laws by engaging in anti-competitive conduct in order to (...)

The Bulgarian Competition Authority considers behavioural commitments in cases of refusal to supply (E.On Bulgaria / EVN Bulgaria)
Dessislava Fessenko (unknown)
United Kingdom 32 contributions 85870 visits
The Bulgarian Commission for Protection of Competition (the “CPC”) considered behavioural commitments in two cases of dominant undertakings’ refusal to supply for a first time in its practice. In both cases, the proposed commitments essentially boiled down to the adoption of internal instructions (...)

The Bulgarian Competition Authority accepts the commitments offered by the electricity provider to prevent abusive practices on the market for electricity distribution (E.ON Bulgaria Sales)
University of Macau - Faculty of Law
China 284 contributions 224154 visits
On 25 March 2010 the Bulgarian Competition Authority (CPC) accepted the commitments offered by E.ON Bulgaria Sales in order to prevent potential abuses of dominant position on the market for electricity distribution. The CPC’s investigation into the existence of unilateral practices on the (...)

The EU General Court examines an appeal against a Commission decision in the chip manufacturing sector (Hynix Semiconductor)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64987 visits
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Practising Law Institute (New York)
United States 93 contributions 31134 visits
The details of two appeals lodged at the General Court (“GC”) by Hynix Semiconductor (“Hynix”) against two Commission decisions concerning US chip manufacturer Rambus were published in the Official Journal of 5 June 2010. In December 2009, the Commission issued a decision closing an investigation (...)

The Croatian Administrative Court upholds the decision of the NCA finding an abuse of dominance on the market for distribution of cigarettes (Adris grupa / Ronhill)
University of Macau - Faculty of Law
China 284 contributions 224154 visits
On 24 March 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) finding an abuse of dominant position on the market for distribution of cigarettes. The applicants in this case, Adris grupa d.d. (former tobacco factory in Rovinj - Tvornica (...)

The Hungarian Supreme Court rules that the railway’s incumbent request for an unconditional bank guarantee from new entrants to the liberalized railway market does not amount to an abuse of dominant position based on Art. 102 TFEU and its national equivalent (MÁV)
Lakatos, Köves (Budapest)
Hungary 35 contributions 47034 visits
In 2006, the Hungarian Competition Office (“HCO”) fined the Hungarian State Railways (“MÁV”) for an abuse of dominant position under Article 82 EC (now Article 102 TFEU) and Section 21 of the Hungarian competition act. In decision no. Vj-22/2005/145, the HCO ruled that following the liberalisation (...)

The EU Commission makes legally binding commitments proposed by French incumbent electricity operator in long term contracts case (EDF)
European Commission - DG HOME (Brussels)
France 2 contributions 1826 visits
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European Commission - DG ENER (Brussels)
Belgium 1 contribution 1290 visits
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European Commission - DG COMP (Brussels)
Belgium 7 contributions 5715 visits
"The EDF long term contracts case: addressing foreclosure for the long term benefit of industrial customers"* I. Introduction On 17 March 2010, the Commission adopted a decision making legally binding the commitments offered by EDF (the incumbent operator) on the French market for the supply (...)

The Polish Supreme Court dismisses a cassation appeal filed by the incumbent telecommunications operator against a decision that condemned it for abusing its dominant position (Telekomunikacja Polska)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216814 visits
Poland: UOKiK wins Case against Telekommunikacja Polska before the Supreme Court On 17 March 2010, the Supreme Court dismissed a cassation appeal filed by Telekomunikacja Polska SA (TP SA) - the Polish telecommunications incumbent - against the decision issued on 29 December 2006 by the (...)

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision on abuse of dominance by an airport operator (Vilnius International Airport)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216814 visits
Lithuania: The Supreme Administrative Court upholds Authority’s Decision on Abuse of Dominance by Vilnius International Airport On 15 March 2010, the Lithuanian Supreme Administrative Court upheld a decision of the Competition Council of 6 November 2008 finding an infringement of Article 9 of (...)

The Bulgarian Competition Authority considers behavioural commitments in cases of refusal to supply (E.On Bulgaria / EVN Bulgaria)
Dessislava Fessenko (unknown)
United Kingdom 32 contributions 85870 visits
The Bulgarian Commission for Protection of Competition (the “CPC”) considered behavioural commitments in two cases of dominant undertakings’ refusal to supply for a first time in its practice. In both cases, the proposed commitments essentially boiled down to the adoption of internal instructions (...)

The Bulgarian Competition Authority defines the termination of electricity supply due to the debts accumulated by the previous owner as an abuse of dominant position (EVN Bulgaria Elektrosnabdiavane)
University of Macau - Faculty of Law
China 284 contributions 224154 visits
On 18 February 2010 the Bulgarian Competition Authority (CPC) held that electricity supplier EVN Bulgaria Elektrosnabdiavane (ES) has committed an abuse of dominant position by terminating the supply of electricity due to the debts accumulated by the previous owner of the facility in the town (...)

The Paris Court of Appeal, while confirming the NCA decision on maritime servicing of Corsica, raises more expectations on clear criteria for delineating jurisdiction between the NCA and the administrative courts and for assessing the necessity of an effect on the market (SNCM)
Vogel & Vogel (Paris)
France 94 contributions 118358 visits
The maritime servicing of Corsica case provided the Paris Court of Appeal with an opportunity to rule on jurisdiction between the Competition Authority and the administrative courts and on the definition of a dominant position and the necessity of an effect on the market to characterise an (...)

The French Competition Authority rejects the request for interim measures to address competition concerns on the terrestrial Hertzian broadcasting of television programs by digital signal (Itas Tim / TDF)
French Competition Authority (Paris)
France 727 contributions 380076 visits
The Autorité de la concurrence does not declare emergency measures against TDF but continues the investigation on the merits regarding the complaint by Itas Tim.* The company Itas Tim had referred to the Autorité de la concurrence relative to practices implemented by the TDF company in the (...)

The Italian Competition Authority decides to extend the scope of its ongoing investigation in order to ascertain whether the contract conditions imposed on domestic website publishers for online ad-serving were illegal (Google)
Ashurst (Milan)
France 102 contributions 28828 visits
Italian Competition Authority widens investigation into Google* On 3 March 2010, the Italian Competition Authority (“ICA”) decided to include Google Ireland in its ongoing investigation of last August 2009 (see Newsletter 5/2009 p. 10) to ascertain whether the contract conditions imposed by (...)

The French Competition Authority rules that an over-general exclusivity clause to the benefit of an undertaking in a dominant position prevents access to the market for other potential operators (Titres Cadeaux / Kadéos)
Vogel & Vogel (Paris)
France 94 contributions 118358 visits
The company Titres Cadeaux complained that the company Kadéos was foreclosing the markets for the distribution and redeeming of multi-store gift cards by systematically including exclusivity clauses in its contracts with traders. It therefore filed a complaint with the Competition Authority for (...)

The Lisbon Court of Commerce acquits the telecommunications incumbent and the NCA appeals to the Lisbon Appeals Court in a case dealing with the essential infrastructures doctrine (PT Comunicações Conduit Network)
Luís Silva Morais (Lisbon)
Portugal 13 contributions 31212 visits
Two major and striking developments occurred in the course of March 2010 in Portugal as regards the enforcement of competition Law. On the one hand, on the 2nd of March the Lisbon Commercial Court has ruled on the so called “PTC Conduit Network Case”, which referred to a Portuguese Competition (...)

The EU Commission sends a statement of objections for alleged refusal to supply (Telekomunikacja Polska)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64987 visits
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Practising Law Institute (New York)
United States 93 contributions 31134 visits
On 1 March 2010, the Commission announced that it had sent a Statement of Objections to incumbent Polish telecoms operator Telekomunikacja Polska (“TP”) for allegedly abusing its dominant position in the Polish wholesale broadband services market by engaging in a refusal to supply. In (...)

Mergers

 The EU Commission clears in phase I a merger in video communications industries accepting complex remedies proposed by merging parties (Cisco / Tandberg)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30378 visits
T-Mobile/Orange and Cisco/Tandberg: Commission accepts complex Phase I remedies* When the Commission’s Remedies Notice was published in 2008, many commentators thought the Notice’s requirements for parties to a concentration to offer an acceptable remedy were too demanding. The concern was that (...)

The EU Commission clears an acquisition, subject to conditions, in the market for video communication systems via the internet (Cisco / Tandberg)
Ashurst (Milan)
France 102 contributions 28828 visits
European Commission clears Cisco’s acquisition of Tandberg, subject to conditions* On 29 March 2010, the European Commission approved the proposed acquisition of Norway’s Tandberg, a vendor of video communications systems, by Cisco Systems subject to conditions. On the same day, just one hour (...)

The EU Commission clears, subject to divestment, the acquisition of a vendor of videoconferencing products with dual headquarters in Norway and the US (Cisco / Tandberg)
JG Associates (Brussels)
193 contributions 62752 visits
"Merger: main developments between 1 January and 30 April 2010" On 29 March the Commission approved under the EU Merger Regulation the proposed acquisition of Tandberg, a vendor of videoconferencing products with dual headquarters in Norway and in the US, by Cisco of the US. The approval is (...)

The Belgian Competition Council grants conditional authorization for an acquisition in the broadband market (Mobistar / KPN Belgium Business)
KU Leuven
Belgium 5 contributions 11913 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 10 contributions 3823 visits
1. Introduction On 25 March 2010, the Belgian Competition Council approved the acquisition of KPN Belgium Business NV, a subsidiary of the Dutch KPN, by Mobistar NV, part of France Télécom. The acquisition concerns on the one hand KPN’s activities on the Belgian wholesale broadband market and on (...)

The EU General Court examines a claim from a French local authority who seeks damages for Commission’s failure to impose conditions in a merger (Communauté de communes de Lacq)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70744 visits
On 5 June 2010, details were published in the Official Journal of the European Union of a damages action before the General Court brought by Communauté de communes de Lacq (a French local authority) against the European Union, requesting compensation for injury allegedly suffered by the (...)

The French Competition Authority clears, under conditions, a merger in the food retail distribution sector in French overseas territories (Hoio / Louis Delhaize)
French Competition Authority (Paris)
France 727 contributions 380076 visits
The Autorité de la concurrence authorizes the acquisition of certain companies of the Louis Delhaize distribution group by the Hoio group, subject to the sale of a store in Martinique.* The Autorité de la concurrence has examined the Hoio group’s acquisition of certain companies from the Louis (...)

The EU Commission refers to the Hellenic Competition Authority the examination of a proposed acquisition in the oil sector (Motor Oil Hellas Corinth Refineries / Shell Overseas Holdings)
JG Associates (Brussels)
193 contributions 62752 visits
"Merger: main developments between 1 January and 30 April 2010" The Commission has referred to the Hellenic Competition Authority the examination of the proposed acquisition of Shell’s oil sector activities in Greece by Motor Oil of Greece, on 15 March. The transaction includes the creation of (...)

The Brussels Court of Appeal partially annuls Competition Council’s decision concerning a merger in the cinema industry (Kinepolis)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46084 visits
On 11 March 2010, the Brussels Court of Appeal handed down a judgment which partially annuls a decision of the Competition Council of 1 October 2008 (the “Decision”). In the Decision, the Competition Council partially upheld the conditions it had imposed in 1997 when approving the merger (...)

The US DoJ challenges consummated a $5 million merger in the voting equipment systems industry (Election Systems and Software / Premier Election Solutions)
Simpson Thacher & Bartlett (New York)
United States 1 contribution 228 visits
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Fried Frank Harris Shriver & Jacobson (Washington)
United States 7 contributions 1713 visits
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The Capitol Forum (Washington)
United States 1 contribution 228 visits
On March 8, 2010, the Antitrust Division of the Department of Justice (the "DOJ") and nine states announced a settlement in their challenge of Election Systems & Software Inc.’s ("ES&S") $5 million acquisition of Premier Election Solutions, Inc. and PES Holdings, Inc. ("Premier"). At the (...)

The Hungarian Competition Office clears concentration between two major salami producers (Bonafarm (Pick)/Herz)
Lakatos, Köves (Budapest)
Hungary 35 contributions 47034 visits
In December 2009, Bonafarm Zrt. (Bonafarm), and Herz Szalámigyár Zrt.(Herz) concluded asset transfer agreements for the transfer of all the assets of Herz, including trademarks, used for the production of salami. Herz, originally founded in 1888, was the second largest salami manufacturer in (...)

The EU Commission clears in phase I a merger in the mobile industry accepting complex remedies proposed by merging parties (T-Mobile / Orange)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30378 visits
T-Mobile/Orange and Cisco/Tandberg: Commission accepts complex Phase I remedies* When the Commission’s Remedies Notice was published in 2008, many commentators thought the Notice’s requirements for parties to a concentration to offer an acceptable remedy were too demanding. The concern was that (...)

The EU Commission clears, subject to conditions, a merger between French and German telecommunications companies in the UK (Orange / T-Mobile)
JG Associates (Brussels)
193 contributions 62752 visits
"Merger: main developments between 1 January and 30 April 2010" The Commission cleared, 1 March, the proposed merger of Orange UK and T-Mobile UK, respectively France Télécom’s (FT) and Deutsche Telekom’s (DT) UK subsidiaries. The decision is conditional, firstly upon the amendment of an existing (...)

The EU Commission conditionally approves joint venture between two UK mobile network operators (T-Mobile / Orange)
European External Action Service
Ukraine 2 contributions 1232 visits
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1 contribution 754 visits
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European Commission
Belgium 3 contributions 3468 visits
"Of spectrum and Radio Access Networks: the T-Mobile/Orange joint venture in the UK"* I. Introduction On 8 September 2009, France Télécom and Deutsche Telekom, the French and German incumbent telecommunication operators, announced a 50/50 joint venture between their UK subsidiaries, Orange and (...)

State Aid

 The EU Commission authorizes Austria to grant € 16 M towards an energy-saving project for the combined production of electricity and heat (Verbund-Austrian Thermal Power)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34256 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised Austria to grant €16 million towards an energy-saving project run by Verbund-Austrian Thermal Power GmbH & Co. KG (a subsidiary of the Verbund group) for the combined production of electricity (...)

The EU Commission approves a proposal by the Cypriot Government to impose a special reduced tax on companies engaged in international maritime transport (Cyprus Tonnage Tax Scheme)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34256 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission has approved a proposal by the Cyprus Government to impose a special reduced tax on companies engaged in international maritime transport; this tax would replace the corporate tax. The Cyprus government has (...)

The EU Court of Justice Advocate General Jääskinen agrees with the General Court’s ruling in a State aid recovery case in the postal sector (Deutsche Post)
Van Bael & Bellis (Brussels)
Belgium 152 contributions 32870 visits
In an opinion issued on 24 March 2010, Advocate General Niilo Jääskinen agrees with the judgment given by the General Court (hereinafter the “GC”) in 2008 by which the GC overturned a Commission decision ordering Deutsche Post to repay € 572 million of state aid. According to the AG, the Commission (...)

The EU Commission authorizes French aid of € 18.9 M for a research programme aimed at developing production technologies for second-generation motor biofuels (GAYA programme)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34256 visits
"State aid: main developments between 1 January and 30 April 2010"* On 24 March 2010 the Commission authorised French aid worth €18.9 million for the GAYA research programme, a programme aimed at developing production technologies for second-generation motor biofuels. GAYA‘s objective is to (...)

The EU Commission authorises a Slovenian measure to provide insurance cover via the State-owned agency to exporters who are unable to obtain cover from the private market (SID Banka)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34256 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission also authorised a Slovenian measure to provide insurance cover via the State-owned agency, SID Banka, to exporters who are unable to obtain cover from the private market as a result of the current financial (...)

The European Court of Justice rules on two state aids in the books distribution sector holding that their twenty-year duration is not an “exceptional situation” under European law (CELF, SIDE)
Passau University
Belgium 2 contributions 845 visits
Court of Justice: A twenty-year duration of a State aid case does not amount to an “exceptional situation” under the State aid rules.* On March 11, 2010, the Court of Justice of the European Union (the “ECJ”) rendered a judgment (preliminary ruling) in response to two State aid questions referred (...)

The EU Commission authorizes the granting of investment aid of € 30.18 M by Germany for a ’Top Gas Recycling’ (TGR) project (ArcelorMittal Eisenhuettenstadt)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34256 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised the granting of investment aid of €30.18 million by Germany to ArcelorMittal Eisenhuettenstadt GmbH’s ‘Top Gas Recycling’ (TGR) project. TGR is an innovative process that enables the separation of CO2 (...)

Procedures

 The Macedonian Competition Authority releases its 2009 annual report
University of Macau - Faculty of Law
China 284 contributions 224154 visits
On 31 March 2010 the Macedonian Competition Authority (KZK) released its annual report summarizing competition law enforcement activities carried out in 2009. Statistically, the workload of the KZK in 2009 was comparable to that reported for 2008: It initiated 3 investigations into the (...)

The Hungarian Competition Authority provides clarifications on whistle blowers’ "success fee"
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46084 visits
The Hungarian Competition Authority (the “GVH”) has published further guidance on the informant fee regime that was introduced in December 2009. The GVH recalls that the informant fee will only be granted when “indispensable” evidence is provided and considers, for instance, that a written cartel (...)

The US District Court for the Eastern District of Pennsylvania adopts the "scope of patent" test for analyzing Hatch-Waxman patent settlements (Cephalon)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 11 contributions 3642 visits
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 29 contributions 9295 visits
,
Fordham Competition Law Institute - FCLI (New York)
United States 16 contributions 12317 visits
On March 29, 2010, Judge Mitchell S. Goldberg upheld antitrust lawsuits filed by the Federal Trade Commission (FTC) and private plaintiffs against drug maker Cephalon, Inc. (Cephalon), alleging that Cephalon conspired with four generic drug manufacturers to delay generic competition for the (...)

The US District Court for the Eastern District of Pennsylvania allows the reverse payment suits to proceed when finding that the agreements extended beyond the scope of the concerned patent (Cephalon)
IPR University Center (Helsinki)
Finland 29 contributions 5356 visits
U.S. District Court allows Provigil reverse payment suits to proceed* On 29 March 2010 the U.S. District Court for the Eastern District of Pennsylvania rejected defendants’ motions to dismiss in suits concerning reverse payment settlements between the brand name manufacturer of the (...)

The US District Court for the Eastern District of Pennsylvania holds that reverse payments cases will proceed to discovery in a patent litigation in the pharmaceutical sector (Cephalon)
Covington & Burling (Washington)
United States 16 contributions 10631 visits
,
Covington & Burling (Washington)
United States 14 contributions 1268 visits
,
Rule Garza Howley (Washington)
France 8 contributions 408 visits
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In the latest development in the Federal Trade Commission’s efforts to challenge Hatch-Waxman patent litigation settlements, earlier this week a federal district court in Pennsylvania denied in part defendants’ motions to dismiss antitrust complaints challenging a series of such settlements. The (...)

The Japanese Government proposes to reform the Fair Trade Commission’s hearing procedure for antitrust violations
Winston & Strawn (Washington)
United States 27 contributions 23060 visits
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Jones Day (Tokyo)
Japan 7 contributions 5441 visits
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Jones Day (Tokyo)
United States 8 contributions 4380 visits
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The Japanese government has proposed significant changes to the procedures for challenging orders issued for antitrust violations by the Japanese Fair Trade Commission (JFTC). The Cabinet submitted a bill of amendments to the Antimonopoly Act (AMA) to the House of Representatives (Shugiin) on (...)

The Amsterdam Court of Appeal holds that fines imposed by the EU Commission for breach of competition rules are not deductible from taxable profits (X B.V. Belanghebbende / Inspecteur Belastingdienst)
European Commission - DG COMP (Brussels)
Belgium 46 contributions 199154 visits
,
European Court of Justice (Luxembourg)
Luxembourg 23 contributions 87195 visits
The present judgement from the Gerechtshof Amsterdam (the Court of appeal of Amsterdam) follows the preliminary ruling issued by the European Court of Justice on 11 June 2009 in case C-429/07, Inspecteur van Belastingdienst v. X BV. The case at hand relates to a dispute between company X and (...)

The Luxembourg Administrative Court dismisses the appeal of the state of Luxembourg and confirms the annulment of the decisions imposing interim measures against national incumbent telecom operator (P&T)
Grisay – Lawyers and consultants (Brussels)
27 contributions 25724 visits
1. Facts Several telecommunications companies introduced a complaint for abuse of dominant position against “Entreprise des Postes et Télécommunications” (hereafter “P&T”) to the Luxembourg Competition Inspectorate. The latter requested the President of the Luxembourg Competition Council (...)

Regulatory

 The Spanish Parliament adopts a new General Media Act for the new millennium
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45131 visits
A new Media Act has entered into force in Spain earlier this year. The preamble to the Media Act notices how the media sector has evolved, particularly due to the introduction of digital technology and the end of the limited spectrum paradigm. The preceding media law was hitherto contained in (...)

The Bulgarian Supreme Administrative Court obliges the Competition Authority to monitor the work of the telecommunications Regulator (Bulgarian Telecommunication Company)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216814 visits
Bulgaria: The Supreme Administrative Court obliges the Competition Authority (CPC) to monitor the Work of the Telecommunications Regulator On 24 March 2010, a five-member panel of the Supreme Administrative Court (SAC) issued a decision which obliges the CPC to start proceedings and to decide (...)

The UK Competition Authority publishes framework for applying choice and competition to public markets
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216814 visits
United Kingdom: The Office of Fair Trading (OFT) publishes Framework for Applying Choice and Competition to Public Markets On 19 March 2010, the OFT published a new guide for policy makers considering using choice and competition in the delivery of public services. The guide provides a (...)

The French Competition Authority issues an opinion on the “ultrafast broadband” programme envisaged by the government
French Competition Authority (Paris)
France 727 contributions 380076 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence releases to the public its 17 March 2010 opinion on the programme envisaged by the government. Though favourable to the project, it is proposing adjustments and additional (...)

The Polish Competition Authority issues a report on competition in the electricity sector
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216814 visits
Poland: UOKiK’s Report on Competition in the Electricity Sector On 15 March 2010, the Polish Office of Competition and Consumer Protection (UOKiK) has issued a report on competition in the electricity sector in Poland aiming at initiating a public debate on the issue, involving all (...)

The Dutch Competition Authority revises its guidelines for the health care industry
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216814 visits
The Netherlands: The Competition Authority (NMa) revises its Guidelines for the Health Care Industry On 12 March 2010, the NMa has published a revised edition of its Guidelines for the health care industry. The NMa expects that this revised edition will clarify to health care providers, health (...)

The Italian First administrative Court annulls an NCA’s infringement decision by applying the State action defence doctrine (Recycling of exhausted batteries)
BonelliErede (Rome)
Italy 41 contributions 53822 visits
By its judgment delivered on 9 March 2010, the Italian First Instance Administrative Court (“Tar Lazio”) annulled the Italian Competition Authority’s (“ICA”) infringement decision in the “Recycling of exhausted batteries” case, stating that COBAT (the Italian consortium for the collection and (...)

The Portuguese Competition Authority concludes study on retail prices in the mobile telecommunication sector
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216814 visits
Portugal: The Portuguese Competition Authority (PCA) concludes Study on Retail Prices for Mobile Telecommunication In March 2010, the PCA concluded a study on the mobile telecommunication sector. In the beginning of 2009, the three main Portuguese mobile communications network operators (...)

The Slovakian Competition Authority comments a draft decree on electric waste disposal
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216814 visits
Slovakia: Autority’s Comments on Electric Waste Disposal Decree The Ministry of Environment of the Slovak Republic made a proposal for a decree concerning treatment of electric devices and electric waste on 16 February 2010. The Antimonopoly Office of the Slovak Republic (“the Office”) objected (...)

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