March 2011

Anticompetitive practices

 The Spanish Competition Authority fines an association in the canned food industry for implementing a collective recommendation of prices for the sector (ANFACO / Conserveras)
Hogan Lovells (Madrid)
Spain 47 contributions 92012 visits
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LaLiga
Spain 7 contributions 4361 visits
On 31 March 2010, the Council of the Spanish Competition Commission (hereinafter “the Council”, “the NCC”) imposed a fine of € 100,000 on the Natonal Canned Food Association (“Asociación Nacional de Fabricantes de Conservas y Mariscos”) (“ANFACO”, “the Association”) for implementing a collective (...)

The Finnish Competition Authority opens inquiry into food & retail sector (Inquiry into food & retail sector)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
Finland: Competition Authority (FCA) opens Inquiry into Food & Retail Sector* The FCA opened an inquiry into the grocery sector in April 2011, the main purpose of which is to investigate how the buying power of the retail sector affects competition in the food industry. The Finnish retail (...)

The French Civil Supreme Court rules that non-contestation of the objections by certain parties limits others’ defence to non-participation in the infringement (Manpower / Adecco / Adia / Randstad)
Vogel & Vogel (Paris)
France 94 contributions 118377 visits
The Paris Court of Appeal had ruled against the world’s leading temporary employment agencies for a price cartel concerning their major clients. The Court of Cassation has delivered a most informative decision of rejection in respect of all the appeals – essentially procedural - against the (...)

The Serbian Competition Authority releases its 2010 Annual Report
University of Macau - Faculty of Law
China 284 contributions 224191 visits
On 29 March 2011 the Committee for trade and tourism of the Serbian National Assembly has reviewed and accepted the 2010 Annual Report submitted by the Serbian Competition Authority (KZK) where it summarized its competition law enforcement and related activities carried out in 2010. The (...)

The EU Court of Justice upholds fines imposed in steel beams cartel and alloy surcharge cartel cases (ThyssenKrupp)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90727 visits
On 29 March 2011, the European Court of Justice (“ECJ”) dismissed an appeal brought by ArcelorMittal Luxembourg SA (formerly Arbed SA) against the judgment of the General Court confirming the Commission’s decision to impose a fine totalling € 10 million on it for its participation in a cartel on (...)

The EU Court of Justice upholds fines imposed in steel beams cartel and alloy surcharge cartel cases (ArcelorMittal)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90727 visits
On 29 March 2011, the European Court of Justice (“ECJ”) dismissed an appeal brought by ArcelorMittal Luxembourg SA (formerly Arbed SA) against the judgment of the General Court confirming the Commission’s decision to impose a fine totalling € 10 million on it for its participation in a cartel on (...)

The Italian Competition Authority launches an inquiry into the motor fuel sector focusing on elements fostering competition in the market of "white pumps"
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
Italy: The Italian Competition Authority launches Inquiry into the Motor Fuel Sector* On 23 March 2011, the Italian Competition Authority (ICA) launched an inquiry into the Italian motor fuel sector. The sector inquiry will investigate the general structure and organisation of the Italian (...)

The Danish District Court of Glostrup imposes fines on two environmental laboratories and their directors for bid-rigging (Environmental Laboratory / Milana)
Plesner (Copenhagen)
Denmark 41 contributions 74135 visits
On 25 March 2011, a Danish District Court convicted two environmental laboratories for bid rigging and imposed fines of DKK 500,000 (approx. EUR 67,000) on each of the two companies and fines of DKK 25,000 (approx. EUR 3,400) on each of the two directors. I. Background Miljølaboratoriet I/S (...)

The Brussels Court of Appeal clarifies the scope of business secrets and anticompetitive exchanges of information in court actions between competitors (KPN / Beldiscom)
UGGC (Brussels)
Belgium 7 contributions 13768 visits
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Janson (Brussels)
Belgium 5 contributions 2650 visits
Introduction In a judgment dated 24 March 2011, the Brussels Court of Appeal ruled that the protection of business secrets prevents the exchange between competitors of detailed information on mobile phone subscriptions contained in an expert report produced in a Court action between KPN and (...)

The UK Competition Appeal Tribunal reduces “excessive” fines in construction bid rigging case (GF Tomlinson Group)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90727 visits
On 11, 22 and 24 March 2011, the Competition Appeal Tribunal (“CAT”) handed down a series of judgments relating to appeals against the level of fines imposed by the Office of Fair Trading (“OFT”) in a decision of 21 September 2009 in the construction bid-rigging case. In its judgments, the CAT has (...)

The EU General Court partly annuls the Commission’s State aid decision regarding an express transportation company hub in a German airport (DHL / FLH / MF)
Van Bael & Bellis (Brussels)
Belgium 152 contributions 32882 visits
In a judgment of 24 March 2011, the General Court was again called upon to rule on the validity of a decision adopted by the European Commission on 23 July 2008 with regard to an agreement concluded between DHL, FLH (the company operating Leipzig-Halle Airport) and MF (a company holding 94% of (...)

The EU General Court overturns EC’s fine decision becasuse of insufficient evidence to sustain the penalty in a copper fitting cartel (Aalberts Industries)
1 contribution 642 visits
On March 24, 2011, the European General Court overturned more than €100 million in fines imposed against Aalberts Industries NV and its subsid- iaries for its alleged involvement in a copper fittings cartel, finding the EC’s evidence insufficient to sustain the penalty. The EC had fined 30 (...)

The US District Court for the Southern District of New York dismisses class action alleging electricity overcharges (Simon / Keyspan)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 5 contributions 1839 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 2 contributions 1277 visits
KeySpan Corporation secured a sweeping victory on March 22, 2011, in the U.S. District Court for the Southern District of New York. Judge Shira Scheindlin’s broad decision granted with prejudice KeySpan’s motion to dismiss a putative consumer class action claiming approximately $360 million in (...)

The UK Competition Appeal Tribunal reduces “excessive” fines in construction bid rigging case (Durkan Holdings)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90727 visits
On 11, 22 and 24 March 2011, the Competition Appeal Tribunal (“CAT”) handed down a series of judgments relating to appeals against the level of fines imposed by the Office of Fair Trading (“OFT”) in a decision of 21 September 2009 in the construction bid-rigging case. In its judgments, the CAT has (...)

The EU General Court rules on exclusivity provisions in the context of packaging waste management scheme (Altstoff Recycling Austria)
Van Bael & Bellis (Brussels)
France 163 contributions 55239 visits
On 22 March 2011, the General Court dismissed an appeal lodged in 2003 against a European Commission decision of that year which exempted under Article 101(3) TFEU (ex-Article 81 EC), subject to conditions, a packaging waste management scheme in Austria. This appeal was brought by Altstoff (...)

The UK Competition Appeal Tribunal narrows the scope of follow-on claims (Emerson Electric / Carbone)
Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 36830 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 11 contributions 2114 visits
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 21, 2011, the U.K. Competition Appeal Tribunal (the “CAT”) struck out a follow-on claim for damages brought by Emerson Electric and others (“Emerson”) (...)

The US DoJ announces that a company agreed to plead guilty and to pay a fine in a color display tube price-fixing cartel (Samsung)
Newhouse Law (New York)
United States 1 contribution 535 visits
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Kyndryl (New York)
United States 1 contribution 535 visits
On March 18, 2011, the DOJ announced that Samsung SDI (“Samsung”) agreed to plead guilty in a color display tube (“CDT”) price-fixing conspiracy and to pay a $32 million criminal fine. On the same day, the DOJ filed a one-count felony information in the US District Court for the Northern District (...)

The Japanese Federal Trade Commission issues a communication on the coordination of relief supplies’ delivery clarifying that such coordination does not raise antitrust concerns
Norton Rose Fulbright (Brussels)
Belgium 19 contributions 5389 visits
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Japan Fair Trade Commission (JFTC) has issued two Communications on the extent to which industry coordination intended to deal with the aftermath of the (...)

The Serbian Competition Authority fines a professional association for adopting uniform minimum service fees to be applied by its members (Veterinary Chamber of Serbia)
University of Macau - Faculty of Law
China 284 contributions 224191 visits
On 17 March 2011 the Serbian Competition Authority (KZK) has fined the Veterinary Chamber of Serbia (VKS) for adopting uniform minimum service fees to be applied by its members. The fine amounted to 7% of the VKS’s annual turnover in 2007 (RSD 1.243.690 or approx. EUR 12.330). The above (...)

The German Bunsdekartellamt imposes € 38 M fine on three consumer goods manufacturers for illegal exchange of competition relevant information concerning the state of negotiations with major retailers and prices increases (Kraft Food / Unilever / Dr. August Oetker)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
Germany: Multi-million Fines imposed on Manufacturers of Consumer Goods* On 17 March 2011, the Bundeskartellamt (BKartA) imposed fines totalling € 38 000 000 on three manufacturers of consumer goods on account of the illegal exchange of competition relevant information infringing German and (...)

The US District Court for the Southern District of New York approves a settlement in a class action based on LCD price-fixing suit (In re LG Philips LCD)
Arent Fox (New York)
United States 2 contributions 779 visits
On March 11, 2011, Judge Richard Sullivan of the US District Court for the Southern District of New York gave final approval to a settlement between LG Display Co. Ltd. (“LG”) and a class of investors who alleged that LG’s stock price was artificially inflated due to LG’s undisclosed participation (...)

A Dutch High Court upholds the national competition authority’s decision lowering fines on shrimp wholesalers and fisheries for infringement of national and European cartel provisions (Shrimp Cartel)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
The Netherlands: The Highest Dutch Court in Antitrust Cases upholds Decision on Shrimp Cartel* Dutch traders and Dutch, German and Danish producers’ organizations representing shrimp fishers must pay fines, totalling more than € 4 400 000, for infringing the European and national provisions (...)

The Italian Competition Authority accepts commitments from a national recycling consortium in relation to alleged anticompetitive practices in the paper waste and raw paper material sector (COMIECO)
European Commission - DG COMP (Brussels)
Belgium 11 contributions 6515 visits
The Italian Competition Authority (hereafter Agcm) has accepted and made binding commitments offered by the National Consortium established under Italian private law to rationalize, organize and promote the recovery and recycling of cellulose-based packaging (hereafter “COMIECO”). The Agcm (...)

The Italian Competition Authority closes an investigation into the national consortium for the recovery and recycling of cellulose-based packaging for alleged infringement of Art. 101 TFEU, after accepting the commitments proposed (COMIECO)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
Italy: The Italian Competition Authority (ICA) accepts Commitments and closes Investigation regarding Waste Paper Consortium COMIECO* On 16 March 2011, the Italian Competition Authority (ICA) closed proceedings based on an alleged violation of Article 101 TFEU against COMIECO, a consortium of (...)

The UK Competition Authority Tribunal reduces “excessive” fines in construction bid rigging case (Kier Group)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90727 visits
On 11, 22 and 24 March 2011, the Competition Appeal Tribunal (“CAT”) handed down a series of judgments relating to appeals against the level of fines imposed by the Office of Fair Trading (“OFT”) in a decision of 21 September 2009 in the construction bid-rigging case. In its judgments, the CAT has (...)

The UK Competition Appeal Tribunal cuts fines in the construction cover pricing appeal case (Kier Group)
University of East Anglia (Norwich)
United Kingdom 29 contributions 25801 visits
‘Cover Pricing’: Object or Effect?* Last week, the UK’s Competition Appeals Tribunal (CAT) cut fines on six construction firms by 90%. The fines had been imposed by the Office of Fair Trading in 2009 for cover pricing. The CAT found the original penalties were excessive and reduced the fines (...)

The Bulgarian Competition Authority adopts new leniency programme ensuring greater transparency on granting immunity or fines reduction
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
Bulgaria: The Competition Authority adopts New Leniency Programme On 8 March 2011, the Commission on Protection of Competition (CPC) adopted a new Leniency Programme, which ensures greater transparency of the CPC’s policy for granting immunity or a reduction of fines for an undertaking having (...)

The EU General Court reduces fine imposed in Spanish raw tobacco cartel appeal (World Wide Tobacco España)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90727 visits
On 8 March 2011, the General Court (“GC”) handed down a judgment reducing the fine imposed by the European Commission on World Wide Tobacco España (“WWTE”) in the Spanish raw tobacco case. WWTE, an indirect subsidiary of the US-based Standard Commercial Corporation, was a Spanish tobacco processor, (...)

The Turkish Competition Authority imposes heavy fines concerning a banking cartel (Akbank / Denizbank / Finans Bank / Turkiye Garanti Bankasi)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75583 visits
The Competition Board (the “Board”) conducted an investigation and decided that Akbank T.A.S. (“Akbank”), Denizbank A.S. (“Denizbank”), Finans Bank A.S. (“Finans Bank”), Turkiye Garanti Bankasi A.S. (“Garanti Bankasi”), Turkiye Halk Bankasi A.S. (“Halk Bank”), Turkiye Is Bankasi A.S. (“Is Bankasi”), (...)

The Turkish Competition Authority fines €33 million for anti-competitive agreement and concerted practices between 8 banks regarding "gentlemen’s agreement" (Akbank / Denizbank / Finans Bank / Türkiye Garanti Bankasi)
L’Oréal (Istanbul)
4 contributions 7765 visits
I. Background Turkish Competition Authority (TCA) concluded its investigation in banking industry regarding “gentlemen’s agreement” between 8 banks. The investigation has been launched in August 2009, and hearing before the Competition Board took place on March 1, 2011. The short version of the (...)

The Latvian Competition Authority decides the participation of commercial banks in multilateral interchange fees for cash withdrawals and card payments is illegal (Aizkraukles banka)
Latvian Competition Council (Riga)
Latvia 117 contributions 22717 visits
Prohibited Agreement in Banking Sector* On 3 March 2011 the Competition Council (CC) decided that 22 Latvian commercial banks have infringed Article 11 Part 1.1 of the Competition Law by participating in the Multilateral agreement on the interchange fee for cash withdrawals at ATM, cash (...)

The EU Court of Justice Advocate General Mazak recommends that prohibition on internet sales be considered as a per se infringement (Pierre Fabre)
Jones Day (Brussels)
Belgium 29 contributions 21274 visits
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Jones Day (Paris)
France 12 contributions 26856 visits
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Jones Day (Dusseldorf)
Germany 17 contributions 5507 visits
On March 3, 2011, Advocate General (AG) Mazák delivered an opinion to the European Court of Justice (ECJ) in Pierre Fabre Dermo-Cosmétique SAS (PFDC). PFDC, a French manufacturer of cosmetics and personal care products, prohibited its retailers from selling via the Internet. AG Mazák advised the (...)

The EU General Court confirms that when a wholly owned subsidiary is sold to a new owner, that subsidiary and the previous owner remain jointly and severally liable for any competition law infringement that the subsidiary committed before the sale (Areva / Alstom)
Herbert Smith Freehills (London)
United Kingdom 13 contributions 5225 visits
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White & Case (Brussels)
Germany 16 contributions 6841 visits
In a judgment delivered on 3 March 2011 in Cases T-117/07 Areva v European Commission and T-121/07 Alstom v European Commission, the General Court of the European Union (the ‘Court’) the Court confirmed the general rule that when a wholly-owned subsidiary that has infringed competition law is (...)

The French Civil Supreme Court clarifies the "appreciable effect on trade" concept contained in Art. 101 and 102 of TFEU (Jet Fuel Cartel)
Paris Dauphine University
France 8 contributions 23435 visits
I. Introduction 1. In a landmark judgment of 1 March 2011, the French Supreme Court in Commercial, Financial and Economic matters (Cour de cassation, Chambre commerciale, financière et économique) provided guidance on establishing a local collusive agreement’s appreciable effect on trade between (...)

The UK Competition Appeal Tribunal cuts fines imposed in the construction industry and overturns aspects of the Competition Authority’s findings on liability
Herbert Smith Freehills (London)
United Kingdom 7 contributions 1571 visits
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Herbert Smith Freehills (London)
United Kingdom 4 contributions 1033 visits
Summary In a series of nine judgments dated between 11 March and 27 April 2011 (the "CAT Judgments"), the UK’s Competition Appeal Tribunal ("CAT" or the "Tribunal") dramatically reduced the fines imposed by the Office of Fair Trading (the "OFT") on 25 companies (the "Appellants") in the (...)

Unilateral Practices

 The US Court of Appeals for the Fourth Circuit holds that the lower court erred in defining the relevant geographic market in an antitrust monopoly claim over the para-aramid fiber industry under section 2 of the Sherman Act (DuPont de Nemours / Kolon)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38667 visits
Monopoly Claims Against DuPont Revived by Fourth Circuit* Claims that E.I. du Pont de Nemours and Company attempted to wield, and did wield, monopoly power over the U.S. para-aramid fiber market in violation of Sec. 2 of the Sherman Act should not have been dismissed, the U.S. Court of Appeals (...)

The EU Commission assesses whether a company in the online search market has abused its dominant position under Art. 102 TFEU (Microsoft / Google)
European University Institute (Florence)
Italy 49 contributions 104319 visits
Microsoft v. Google – Clash of the Titans* On Behalf of the Antitrust Community, A Big Thank You – Antitrust law professors should be grateful to Microsoft (hereafter, “MSFT”). As a repeat offender of the competition laws, MSFT has provided scholars with loads of research and educational material (...)

The Icelandic Competition Authority begins an investigation into the development and formation of prices in the food retail sector (Inquiry into food retail sector)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
Iceland: Competition Authority is investigating Food and Retail Sector* In the fall of 2010, the Competition Authority (the Authority) began an investigation into the development and formation of prices in the food and retail sector due to the fact that prices had significantly risen since the (...)

The Tokyo District Court grants an injunction under article 24 of the Japanese Antimonopoly Act for the first time against anti-competitive practices (Dry ice)
Nishimura & Asahi (Tokyo)
Japan 2 contributions 540 visits
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Nishimura & Asahi (Tokyo)
Japan 1 contribution 219 visits
On March 30, 2011, the Tokyo District Court granted a temporary injunction under Article 24 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of April 14, 1947) (the “Japanese Antimonopoly Act”) against a manufacturer of dry ice for anti-competitive (...)

The Paris Commercial Court orders a telecom to pay €10M damages to a cable company for the loss of profit resulting out of predatory pricing and disparagement (Telecom / Numéricâble)
Herbert Smith Freehills (Paris)
France 51 contributions 12170 visits
Brief summary of facts The European Commission imposed a EUR 10,35 million fine on Wanadoo Interactive, a subsidiary of France Telecom for abuse of a dominant position in the form of predatory pricing in ADSL-based Internet access services for the general public. It found that Wanadoo’s retail (...)

The Spanish Competition Authority closes proceeding against the performer’s collective management organization for unfair and discriminatory tariffs on TV broadcasting of audiovisual works (AISGE)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45176 visits
The commitments finally presented by AISGE redesign the calculation of the tariffs to reflect effective use of its repertoire and have been considered adequate to resolve the anti-competitive effects of the conduct of AISGE; AISGE was under investigation in relation to unfair and discriminatory (...)

The US District Court Southern District of New York rejects a proposed settlement in the digitized book search sector (Google Books Settlement)
University of Chicago - Law School
United States 5 contributions 2527 visits
Moving Forward in Google Book Search* On Tuesday, after more than a year of silence, Judge Denny Chin rejected the proposed settlement in the Google book search case. The innovative settlement asked more than Rule 23 could deliver. In his words, the settlement “would simply go too far.” Others (...)

The US District Court Southern District of New York rejects settlement between online search provider and copyright owners in the digitized books sector (Google Books Settlement)
Garrigues (Brussels)
Belgium 19 contributions 11135 visits
Google Books Settlement Rejected* Some of you will recall that roughly a year ago I wrote a post on the Google Books settlement (“Google Books Settlement: It’s the search market stupid!”) in which I argued that the only competitive problem, if any, posed by the amended settlement related to the (...)

The US District Court for the Northern District of California dismisses claims on monopolisation, unfair competition and the fraud since the plaintiff did not articulate a proper definition of the relevant market (Digital Sun / The Toro Company)
Sheppard Mullin (Los Angeles)
États-Unis 46 contributions 7771 visites
Federal Court Finds Allegations of “Bad Faith” in Sprinkler License Agreements to be “Vox Clamantis in Deserto”* On March 22, 2011, the United States District Court for the Northern District of California entered an order granting defendants The Toro Company’s ("Toro") motion to dismiss plaintiff (...)

The Bulgarian Competition Authority sanctions an electricity distributor for refusal to supply despite the existing commitments decision in a similar case (E.ON Bulgaria Sales)
University of Macau - Faculty of Law
China 284 contributions 224191 visits
On 22 March 2011 the Bulgarian Competition Authority (CPC) prosecuted the dominant electricity distributor E.ON Bulgaria Sales for the refusal to supply due to the existing debts accumulated by the previous owner of the facility supplied with electric energy. The CPC‘s investigation into the (...)

The Danish Supreme Court upholds judgment by the Eastern High Court finding that a broadcaster has abused its dominant position by granting rebates (TV 2)
Plesner (Copenhagen)
Denmark 41 contributions 74135 visits
On 18 March 2011, the Danish Supreme Court upheld a judgment by the Eastern High Courtfinding that the Danish broadcaster TV2 had abused its dominant position by granting loyalty enhancing rebates in connection with the sale of television advertising space, contrary to Section 11 of the Danish (...)

The Danish Supreme Court confirms that a TV broadcaster has abused its dominant position in the market for national television commercials in the form of illegal loyalty-inducing discounts (TV 2)
Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Denmark 31 contributions 36607 visits
On 18 March 2011 the Danish Supreme Court delivered a final judgment in the case concerning TV 2/Danmark’s use of loyalty-inducing discounts in the Danish market for TV advertising. The Supreme Court held in the judgment that TV 2/Danmark’s annual discounts are likely to have a material (...)

The Bulgarian Supreme Administrative Court dismisses a standing to challenge commitments in an antitrust case (Zlaten Lev Capital)
Dessislava Fessenko (unknown)
United Kingdom 32 contributions 85872 visits
The Bulgarian Supreme Administrative Court (the “SAC”) rejected complainants’ locus standi to challenge the commitments accepted by the Bulgarian Commission for the Protection of Competition (the “CPC”) in antitrust cases. Complainants were considered to lack any cause for appeal because commitments (...)

The Spanish Competition Authority fines a company and its subsidiary for abuse of dominant position in the market of resale of audiovisual retransmission of Spanish football clubs (Mediapro / Gol Tv)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45176 visits
Mediapro holds the broadcasting rights for the Spanish first division league (Liga) and King’s Cup (Copa de S.M. el Rey) for 2009/2010 and subsequent seasons. Therefore Mediapro has a dominant position in the market for the resale of broadcasting rights. Furthermore, Mediapro is (...)

The Spanish Competition Authority fines a broadcasting company and its subsidiary for abusing their dominant position in the market for audiovisual retransmission rights of football matches (Mediapro / Gol Tv)
World Courier (London)
4 contributions 1592 visits
The Spanish competition authority (CNC) has fined jointly MEDIAPRODUCCIÓN S.L. (MEDIAPRO) and its subsidiary GOL TV 500,000 Euros for abusing its dominant position in the market for audiovisual retransmission rights of football matches. The facts that have led to the decision of the CNC can be (...)

The Irish High Court holds the Health Service Executive to be an undertaking under the traditional Court of Justice definition (Medicall Ambulance)
Arthur Cox (Dublin)
Ireland 8 contributions 6047 visits
This case concerns an allegation of a breach of dominant position contrary to the Irish Competition Act made by a private ambulance operator against the Health Service Executive, which is a public body that also operates ambulances. This judgment dealt with the preliminary issue as to whether (...)

Mergers

 The Turkish Competition Authority unconditionally clears an acquisition in the film production, theatrical distribution and home entertainment distribution markets (Fida Film/Tiglon)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 11865 visits
This study analyses the decision of the Turkish Competition Authority in which it has cleared the acquisition of Tiglon, active in the film production market and the third largest firm in the theatrical distribution market, by Fida Film, dominant on the market for screen advertising in cinemas, (...)

The EU Commission clears in phase I a merger in the silicon sector after examining possible coordination of Chinese State-owned companies’ market behavior by the Chinese State (China National Bluestar / Elkem)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30439 visits
How to deal with Chinese State-owned Enterprises under the EUMR?* On 13 September, the Commission published its decision of 31 March 2011 in China National Bluestar/Elkem. After DSM/Sinochem/JV (decision of 10 May but published in June), this was the second published decision which dealt in (...)

The Spanish Competition Authority clears second-phase merger in the payment processing sector subject to commitments (REDSYS / REDY)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45176 visits
The merger of Redsys Servicios de Procesamiento (RESDYS) and Redes y Procesos (REDY), two payment processing companies was notified to the NCC on 16 August 2010. The NCC decided on October 2010 to open phase 2 proceedings because it took the view that the operation could hinder the (...)

The US DoJ requires minor conduct remedies before approving a vertical merger affecting the market for petroleum needle coke (GrafTech / Seadrift)
McDermott Will & Emery (Washington)
United States 14 contributions 3220 visits
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McDermott Will & Emery (New York)
United States 1 contribution 385 visits
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McDermott Will & Emery (Washington)
United States 35 contributions 5703 visits
McDermott Will & Emery lawyers succeeded in obtaining the necessary antitrust approval for clients Seadrift Coke L.P. (Seadrift), the world’s second largest petroleum-based needle coke producer, and C/G Electrodes LLC (C/G), a U.S.-based graphite electrode producer, which have been acquired (...)

The Swedish Competition Authority approves after an in-depth investigation acquisition by a wholesaler of 100 % of the shares of its retailer and service provider (Assa Sverige/Swesafe)
Vinge (Stockholm)
Suède 18 contributions 18578 visites
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Cosmetics Europe (Brussels)
Belgium 10 contributions 3177 visits
Introduction On 23 March 2011, the Swedish Competition Authority (“SCA”) approved after an in-depth investigation ASSA Sverige AB’s (“ASSA”) acquisition of 100 % of the shares in the retailer and service provider Swesafe AB (“Swesafe”). During its investigation, the SCA considered whether the (...)

The Italian Competition Authority conditionally clears a banking merger leading to a collective dominant position by imposing a set of structural and behavioural remedies (Intesa San Paolo / Banca Monte Parma)
Municipality of Cagliari
159 contributions 131192 visits
The Italian Competition Authority (ICA) has conditionally authorized the Intesa San Paolo (ISP) acquisition of Banca Monte Parma (BMPR)by a second phase investigation decision . The ICA imposed a set of remedies to fix the competition concerns arising from a dominant position between ISP and (...)

The UK OFT refers an anticipated acquisition of travel services providers to the Competition Commission (Thomas Cook / Co-operative Group / Midlands Co-operative Society)
Mata Econ (London)
United Kingdom 2 contributions 989 visits
I. The transaction The transaction involves Thomas Cook acquiring control of the retail travel business of the Co-operative Group (“CGL”) and Midlands Co-operative Society (“Midlands”). Thomas Cook is a vertically integrated tour operator offering package holidays, flights, accommodation and other (...)

The German Competition Authority blocks a joint venture creating an online video on demand platform by the two leading TV broadcasters (RTL / Pro7Sat1)
NOCON (London)
United Kingdom 6 contributions 8762 visits
I. Transaction RTL and Pro7Sat1 planned to set up an online video on demand (VOD) platform which allows users toaccess and watch professional video content. The concept of the platform was to provide content that has already been transmitted on TV and can be accessed free of cost for seven (...)

The German Competition Authority prohibits the creation of an online video platform joint venture between two leading TV broadcasters (RTL / Pro7Sat1)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70792 visits
According to a press release of 18 March 2011, the German Federal Cartel Office has prohibited the plans of broadcasting groups RTL and Pro7Sat1 to form a joint venture for the creation and operation of an online video platform. In its statement of objections of 23 February 2011, the Cartel (...)

The US Federal Energy Regulatory Commission issues a notice of inquiry on potential changes to its merger review standards
O’Melveny & Myers (Washington)
United States 1 contribution 1134 visits
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Bracewell & Giuliani (New York)
United States 1 contribution 1134 visits
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North American Electric Reliability Corporation (Washington)
United States 1 contribution 1134 visits
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On March 17, 2011, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Inquiry (“NOI”), [1] seeking comment on whether it should revise its approach to examining horizontal market power under Sections 203 and 205 of the Federal Power Act (“FPA”). FERC analyzes horizontal market power (...)

The German Competition Authority prohibits an online video platform joint venture between two leading TV broadcasters (RTL / Pro7Sat1)
Jones Day (Frankfurt)
Germany 6 contributions 4089 visits
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Jones Day (Dusseldorf)
Germany 17 contributions 5507 visits
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Jones Day (Frankfurt)
Germany 11 contributions 4022 visits
On March 17, 2011, the German Federal Cartel Office (Bundeskartellamt) rejected plans by German broadcasting groups RTL and Pro7Sat1 to launch a joint venture for the creation and operation of an online video platform. This decision illustrates how in Europe, particularly in Germany, antitrust (...)

The Finnish Parliament approves the Competition Act introducing amendments to both merger and antitrust rules
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
Finland: New Competition Act approved by the Parliament* On 11 March 2011, the Finnish Parliament approved the new Finnish Competition Act. The Act will enter into force in autumn 2011. The main amendments are the following. One of the major changes brought by the new law relates to the (...)

The Serbian Supreme Court of Cassation holds that the rules on determining the abuse of dominant position are inapplicable in a case of conditional merger clearance (Delta Agrar)
University of Macau - Faculty of Law
China 284 contributions 224191 visits
On 11 March 2011 the Supreme Cassation Court of Serbia (VKS) quashed the judgment of the Administrative Court, which annulled the conditional merger clearance delivered by the Serbian Competition Authority (KZK) in the Delta Agrar/Florida Bel case. The VKS held inter alia that the rules on (...)

The EU Commission examines whether acquisitions of minority shareholdings should be subject to EU merger control
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70792 visits
In a recent speech, Competition Commissioner Joaquin Almunia said that the European Commission is examining whether acquisitions of minority shareholdings, falling short of an acquisition of control, should be subject to EU merger control. Under the current Merger Regulation, acquisitions of a (...)

The Chinese State Council publishes a notice detailing its national security review procedure for the acquisition of domestic companies by foreign investors
Jones Day (Shanghai)
China 51 contributions 23376 visits
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 12026 visits
,
Jones Day (Beijing)
China 44 contributions 20324 visits
…
The State Council of the People’s Republic of China has published a notice detailing its national security review («NSR») procedure for the acquisition by foreign investors of domestic Chinese companies («NSR Notice»). The NSR Notice, which implements Article 31 of the PRC Anti-Monopoly Law, will be (...)

The Chinese MOFCOM issues interim measures providing clarifications on key procedural issues of the national security systems and security review notifications
University of Melbourne
Australia 103 contributions 28614 visits
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China Competition Bulletin (Beijing)
China 101 contributions 25564 visits
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Institute of American Studies (Beijing)
China 52 contributions 14951 visits
The MOFCOM published the Interim Measures on Relevant Matters Concerning the Implementation of Security Review of Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (商务部实施外国投资者并购境内企业安全审查 制度有关事项的暂行规定) (the Interim Measures) on 4 March 2011. The Interim Measures were promulgated to (...)

The Chinese State Council publishes a circular on establishing a mechanism of a security review of mergers and acquisitions of domestic enterprises by foreign investors
Pillsbury Winthrop Shaw Pittman (Beijing)
China 2 contributions 265 visits
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Pillsbury Winthrop Shaw Pittman (Beijing)
China 3 contributions 379 visits
On February 3, 2011, the PRC State Council (the “State Council”) promulgated the long awaited Circular on the Establishment of Security Review Mechanisms for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (《国务院办公厅关于建立外 国投资 者并购境内企业安全审查制度的通知》) (the “State Council SR (...)

The Spanish Parliament broadens merger filing exemption and enhances government coordination
Jones Day (Madrid)
Spain 6 contributions 1776 visits
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Jones Day (Madrid)
Spain 3 contributions 424 visits
On March 5, 2011, the Spanish Parliament amended the Spanish Competition Act 15/2007, affecting merger filing requirements and the changing the interaction between the National Competition Commission (NCC) and the national regulatory authorities (NRAs), which govern businesses in energy, (...)

The Turkish Competition Authority examines the privatisation of three electricity distribution companies (AYEDAS / Akdeniz Elektrik / Toroslar Elektrik)
King’s College (London)
United Kingdom 3 contributions 1708 visits
The Turkish Competition Authority (TCA) reviewed the privatisation of three electricity distribution companies (namely, AYEDAS, Akdeniz Elektrik and Toroslar Elektrik) where 100% of the shares in each company were offered in a block sale. Pursuant to the official privatisation schedule, (...)

The UK OFT for the first time uses its ’fast track’ merger referral procedure (Thomas Cook and Midlands)
Morgan Lewis (London)
United Kingdom 28 contributions 16159 visits
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Corrs Chambers Westgarth (Sydney)
Belgium 6 contributions 5649 visits
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DLA Piper (London)
United Kingdom 28 contributions 11260 visits
On 2 March 2011, the UK’s Office of Fair Trading (OFT) made a ’fast-track’ reference to the Competition Commission (CC) of the travel agency joint venture proposed by Thomas Cook, Co-operative Group, and Midlands Co-operative Society. This is the first time the OFT has used this procedure since (...)

The Japan Fair Trade Commission proposes revised merger regulation and guidelines
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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Jones Day (Tokyo)
United States 5 contributions 3795 visits
The Japan Fair Trade Commission (JFTC) has proposed revised merger regulation and guidelines, to further improve transparency and predictability of merger review procedure under the Antimonopoly Act and make Japanese merger regulation more consistent with international standards. The main (...)

State Aid

 The EU Commission approves several State aid measures in favour of Austrian bank (Kommunalkredit Austria)
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
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Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* On 31 March, the Commission approved several measures in favour of Kommunalkredit Austria AG. Before the crisis, Kommunalkredit was the seventh largest Austrian bank with a balance sheet of €37 billion. Its business consisted of (...)

The EU Commission adopts a communication on the revision of EU State aid rules on services of general economic interest and a report on their application
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* On 23 March, the Commission also adopted a Communication on the revision of European Union State aid rules on Services of General Economic Interest (SGEI) and a report on their application. These rules, also known as the 2005 (...)

The EU Commission authorises £180 M of public assistance to UK postal services operator for the funding of its network of post offices during one year (Post Office Limited)
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* On 23 March, the Commission authorised £180 million (€212 million) of public assistance to the UK Post Office Limited (POL) for the funding of its network of post offices during one year starting 1 April 2011. The Commission also (...)

The EU Commission authorises Denmark’s plans to establish a new public service radio to increase competition on the country’s radio market for public service programming by supporting the creation of a new channel (Channel FM4)
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* On 23 March, the Commission authorised Denmark’s plans to establish a new public service radio, channel FM4, to increase competition on the country’s radio market for public service programming by supporting the creation of a new (...)

The EU Commission decides that investment aid for two German interlinked plants constitutes State aid that was compatible with the internal market under Article 107(3) TFEU (Glunz / OSB Deutschland)
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* On 23 March, the Commission decided that investment aid for Glunz and OSB Deutschland, two interlinked plants, constituted state aid that was compatible with the internal market under Article 107(3) TFEU. The measure was (...)

The EU Commission authorizes a grant of €19.2 M to an Italian sports car producer for a project to train its workforce at its two production sites (De Tomaso)
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* By its decision of 23 March, the Commission authorised a grant of €19.2 million to the Italian sports car producer De Tomaso SpA for a project to train its workforce at its two production sites in Grugliasco (Piedmont) and (...)

The Slovakian Parliament adopts an amendment enabling that an EU Commission’s decision on the recovery of state aid be directly enforceable against the beneficiary
Wolf Theiss (Bratislava)
Slovakia 8 contributions 4758 visits
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Wolf Theiss (Bratislava)
Slovakia 4 contributions 2606 visits
An amendment to Act No. 231/1999 Coll. on State Aid, as amended (the “Act on State Aid”) and to Act No. 233/1995 Coll. the Code of Enforcement of Judicial Decisions, as amended (the “Enforcement Code”), was passed on 23 March 2011, enabling that a Commission’s decision on the recovery of state aid (...)

The EU Commission authorises public assistance to the UK postal services operator, finding that the aid is compatible because it does not overcompensate for the public service tasks carried out, and therefore does not give any unfair competitive advantage (Post Office Limited)
European Commission - DG TRADE (Brussels)
Belgium 2 contributions 856 visits
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European Commission - DG COMP (Brussels)
Belgium 1 contribution 337 visits
Services of general economic interest: UK Post Office Ltd* On 23 March 2011 the European Commission authorised public assistance to the UK Post Office Ltd (POL), for a period of one year starting on 1 April 2011, for the funding of its network of post offices and the continuation of existing (...)

The European Commission decides that a so-called reorganisation clause under German corporate tax law amounts to State aid ("Sanierungsklausel")
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* The Commission decided on 15 March that a so-called reorganisation clause, or «Sanierungsklausel«, under German corporate tax law amounts to State aid. The provision enables an ailing company to offset losses in a given year (...)

The Dutch Administrative Court for Trade and Industry dismisses claim of negative State aid by a meat producer which sought to bring down a levy implemented to fund food safety standards on the grounds that there cannot be State aid where no State resources are in play (Compaxo Vlees Zevenaar B.V. / het Productschap Vee en Vlees)
Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 554 visits
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Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 20 contributions 882 visits
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Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 554 visits
From 2006 onwards, the inspection of red meat (after slaughter) in the Netherlands was no longer the responsibility of the Netherlands Food and Consumer Product Safety Authority, but of a separate private entity KDS. During that reorganisational period, the State decided that a new tax be (...)

The EU Commission authorises Danish public funding for a pilot program incentivising the purchase of electric cars
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* On 8 March, the Commission authorised DKK15 million (approximately Eur. 2 million) of public funding for a pilot programme incentivising the purchase of electric cars until 31 December 2012. The scheme supports projects designed (...)

The EU Commission rejects a specific provision of the revised Austrian "Green Electricity Act" that would have provided energy-intensive businesses with a partial exemption from buying green electricity (Austrian Green Electricity Act)
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* After an in-depth investigation opened in 2009, on 8 March the Commission rejected a specific provision of the revised Green Electricity Act of Austria (Ökostromgesetznovelle 2008) that would have provided energy-intensive (...)

The European Commission finds that a State guarantee put in place by France to cover the exchange rate risk for aeronautic suppliers does not constitute State aid (Aero 2008)
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* On 8 March, the Commission closed a formal investigation procedure opened in 2009 and found that a state guarantee put in place by France to cover the exchange rate risk for aeronautic suppliers (Aero 2008) does not constitute (...)

The EU Commission authorises an emergency recapitalisation of up to €250 million for a Slovenian bank (Nova Ljubljanska Banka)
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* On 7 March, the Commission authorised an emergency recapitalisation of up to €250 million for the Slovenian bank Nova Ljubljanska Banka (NLB). NLB passed the stress tests conducted in mid-2010 by the European Banking Authority (...)

The Dutch Administrative Court for Trade and Industry dismisses an appeal by an industry association against a decision to grant an electricity company €15M on the grounds that all parties agreed that absent the payment the venture would be inviable which is undesirable because of the deals liberalising effect (VEMW)
Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 554 visits
,
Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 20 contributions 882 visits
,
Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 554 visits
The Dutch Electricity Act (Elektriciteitswet 1998) contained a provision which regulated the use of the proceeds from the auction on the Amsterdam Power Exchange Spotmarket B.V. (APX) of electricity transported across the Dutch border. This provision stated that the relevant network operator (...)

The European Commission orders Spain to abolish a provision in its corporate tax law allowing Spanish companies to amortise ‘financial goodwill’ deriving from acquisitions of shareholdings in companies in third countries
European Commission - DG COMP (Brussels)
Belgium 59 contributions 7005 visits
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2886 visits
State aid: main developments between 1 January and 30 April 2011* On 3 March, the Commission requested Spain to abolish a 2002 provision in its corporate tax law that allows Spanish companies to amortise ‘financial goodwill’ deriving from acquisitions of shareholdings in companies in third (...)

Procedures

 The Macedonian Competition Authority releases its 2010 annual report
University of Macau - Faculty of Law
China 284 contributions 224191 visits
On 31 March 2011 the Macedonian Competition Authority (KZK) released its annual report summarizing competition law enforcement activities carried out in 2010. It should be noted that until 13 November 2010 the KZK was acting pursuant to the old competition law, which provided for two distinct (...)

The German Federal Court of Justice decides on the obligation of car manufacturers to contract with authorised repairers of competitors (MAN-Vertragswerkstatt)
Gleiss Lutz (Munich)
Allemagne 28 contributions 48943 visites
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Milbank (Munich)
Allemagne 28 contributions 48943 visites
On 30 March 2010, the German Federal Court of Justice overruled a judgment of the Higher Regional Court of Munich and restored the judgment of the Regional Court of Munich in first instance. The question at stake was whether MAN had an obligation to contract with authorised repairers of Daimler (...)

The German Federal Court of Justice dismisses an action brought by a repair shop to be admitted to the authorised repair network of a commercial vehicle manufacturer based on an alleged abuse of dominance (MAN-Vertragswerkstatt)
Van Bael & Bellis (Brussels)
France 163 contributions 55239 visits
In a recent judgment delivered on 30 March 2011, the German Federal Court of Justice dismissed the action brought by a vehicle repairer to be admitted to the authorised repair network of MAN, a commercial vehicle manufacturer, based on the claim that MAN was abusing its dominant position as (...)

The Macedonian Competition Authority releases its liquefied petroleum gas market survey for 2010
University of Macau - Faculty of Law
China 284 contributions 224191 visits
On 30 March 2011 the Macedonian Competition Authority (KZK) published the results of the sector inquiry evaluating the competitive conditions on the market for the wholesale and retail distribution of the liquefied petroleum gas (LPG) in 2010. This investigation was initiated in December 2010 (...)

The US FTC imposes a civil penalty on a toy retailer for violating a 13-year-old antitrust order governing its dealings with suppliers (Toys “R” Us)
Sidley Austin (Washington)
United States 14 contributions 5520 visits
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WilmerHale (Washington)
United States 13 contributions 5875 visits
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Kirkland & Ellis (Washington)
United States 7 contributions 2933 visits
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The Federal Trade Commission (FTC) imposed on Toys "R" Us a $1.3 million civil penalty for violating a 13-year-old antitrust order. This fine highlights that FTC orders can stay in force for 20 years—and potentially indefinitely if they are obtained in district court —and that the FTC actively (...)

The French Civil Supreme Court refers a question to the Court of Justice for a preliminary ruling on the required criteria for quantitative selective distribution (Auto 24 / Jaguar Land Rover)
Vogel & Vogel (Paris)
France 94 contributions 118378 visits
The question of the criteria required for quantitative selective distribution continues to create intense debate in the case law in France. There are two opposing schools of opinion on the question both from legal commentators and in the case law: The first school argues that the European (...)

The Chinese Supreme People’s Court publishes revised rules on civil causes of action
Jones Day (Shanghai)
China 51 contributions 23376 visits
,
Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 12026 visits
,
Jones Day (Beijing)
China 44 contributions 20324 visits
The Chinese Supreme People’s Court ("SPC") has made substantial progress in recent months writing rules for private enforcement of China’s 2008 Anti-Monopoly Law ("AML"). On March 20, 2011, the SPC published revised Rules on Civil Causes of Action, which define which courts are competent to hear (...)

The UK Government consults on wide-ranging reforms to the competition regime, including a proposal to merge the Office of Fair Trading and the Competition Authority into a single competition and markets authority
Nokia (Brussels)
Belgium 4 contributions 3214 visits
I. Background On 14 October 2010, the Department for Business, Innovation and Skills (“BIS”) announced the intention to bring together the Competition Commission (“CC”) and the competition functions of the Office of Fair Trading (“OFT”) to form a single Competition and Markets Authority (“CMA”). BIS (...)

The UK Government consults on plans to merge the Office of Fair Trading and the Competition Commission
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46112 visits
On 16 March 2011, the UK Government launched a consultation on options for reforming the UK competition regime and unveiled its plans to create a single Competition and Markets Authority (“CMA”) by merging the competition functions of the UK’s existing two competition authorities, namely, the (...)

A German District Court dismisses a company attempt to have its former subsidiary ordered to pay a fine imposed by the European Commission (Evonik Degussa, Stahl-Metallurgie)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46112 visits
On 16 March 2011, the German District Court of Munich handed down a judgment in which it rejected a claim by Evonik Degussa GmbH (“Evonik”) that its former subsidiary SKW Stahl-Metallurgie GmbH (“SKW”) should be ordered to pay the € 1.04 million fine which the European Commission had imposed on both (...)

The Moldovan Competition Authority releases its 2010 annual report
University of Macau - Faculty of Law
China 284 contributions 224191 visits
On 15 March 2011 the Moldovan Competition Authority (ANPC) released its 2010 Annual Report, where it summarized its enforcement activities carried out in 2010 and outlined priorities for 2011. In 2010 the ANPC initiated 60 investigations (20 concerning abuse of dominance and 4 concerning (...)

The OECD publishes a paper reporting the outcome of a policy roundtable discussion on standard-setting and competition
Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50400 visits
The Organisation for Economic Cooperation and Development (“OECD”) recently published a paper reporting the outcome of a policy roundtable discussion on standard-setting and competition that took place in June 2010. The roundtable involved delegates from competition authorities around the world, (...)

The Dutch Competition Authority issues its conclusions on the national textbook market underlining that competition between distributors and publishers of secondary-education textbooks is limited
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
The Netherlands: Textbook Scan on Dutch Market* Competition between distributors and publishers of secondary-education textbooks is limited, thereby preventing the Dutch textbook market from functioning optimally. This has been the conclusion of the 2011 Textbook Scan carried out by the (...)

The US Court of Appeals for the Second Circuit holds that a class action waiver provision contained in commercial contracts between merchants and card issuer and service provider is unenforceable (American Express)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38667 visits
Enforceability of Class-Arbitration Bans Still an Open Question* Including an arbitration agreement in a commercial or consumer contract that requires your customer to pursue only individual claims in the arbitral forum will not necessarily protect you from class-wide arbitration. You will (...)

The US Supreme Court declines to review a Second Circuit ruling permitting a reverse-payment settlement between a branded and generic pharmaceutical manufacturer (Lousiana Wholesale Drug / Bayer)
Vinson & Elkins (Washington)
United States 2 contributions 609 visits
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Reese Gordon Marketos (Dallas)
United States 2 contributions 609 visits
A growing consensus among federal courts that so-called “reverse-payment” settlements rarely violate antitrust law has not tempered antitrust enforcement authorities’ opposition to such deals. In the pharmaceutical industry, brand-name drug manufacturers may file patent infringement lawsuits (...)

The U.S. FTC publishes a report on patent system recommending reforms on notice and remedies to benefit both consumers and competition
Gibson Dunn (New York)
United States 19 contributions 11121 visits
U.S. Federal Trade Commission Recommends Changes to U.S. Patent System* The U.S. Federal Trade Commission (“FTC”) has issued a report analyzing the U.S. patent system from a competition policy perspective. The FTC recognizes that, like the competitive process fostered by competition law, the (...)

The UK Competition Authority announces the trial of an adjudicator role to resolve disputes on procedural issues to speed up investigations under the Competition Act 1998
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
United Kingdom: Trialling of Procedural Adjudicator at the Office of Fair Trading (OFT)* Alongside its procedural guidance, the OFT also announced the trial of a new adjudicator role to resolve disputes on procedural issues, as part of a drive to speed up investigations under the Competition (...)

The EU General Court suspends obligation to provide bank guarantee for a fine in calcium carbide and magnesium reagents cartel (Garantovaná)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46112 visits
On 2 March 2011, the President of the General Court issued an order suspending an obligation on the Slovak company 1. garantovaná a.s. (“Garantovaná”) to provide the European Commission with a bank guarantee in order to avoid the immediate recovery of a fine of € 19.6 million imposed by the (...)

The Hungarian Competition Authority renews its consumer inquiries’ service to deal more efficiently with competition proceedings
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
Hungary: Renewed Consumer Inquiries’ Service at the Competition Authority (GVH)* From 1 March 2011, the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) has renewed its Consumer Inquiries Service. Since thousands of consumer inquiries have been submitted to the GVH in the (...)

The Spanish Competition Authority fines a manufacturer of office supplies for obstructing an inspection carried out at its head office (Grafoplas)
European Commission - DG COMP (Brussels)
Belgium 6 contributions 2907 visits
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Private Advising Group P.A.
United States 1 contribution 351 visits
On March 1, 2011, the Spanish Competition Commission (Comisión Nacional de la Competencia, the “CNC”) fined GRAFOPLAS DEL NOROESTE, S.A. (“GRAFOPLAS”) €161,600 for obstructing an inspection carried out at its head office. Background GRAFOPLAS is a prominent Spanish manufacturer of office supplies (...)

The Finnish Competition Authority investigates on the district heating sector to understand whether prices applied by involved companies are abusive
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
Finland: Study concerning the District Heating Sector* On 1 March 2011, the Finnish Competition Authority (FCA) finished the first stage of its investigations concerning the district heating sector. The aim of the study is to form an opinion of whether the pricing of the companies involved (...)

Regulatory

 The Italian Competition Authority issues an opinion on the potential anticompetitive effect of a draft bill concerning the purchase of biological medicines by public procurement (DDL n. 1875/2011)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
Italy: The Competition Authority’s (ICA’s) Opinion on the Public Procurement Discipline for Biopharmaceutical Products* On 16 March 2011, the ICA addressed to the Italian government an opinion on the potential anticompetitive effect of a draft bill concerning the purchase of biological medicines (...)

The French Competition Authority issues its first opinion on the telecom sector, taking into account the EU Commission’s recommendation concerning competitive aspects of wholesale broadband internet services
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216867 visits
France: The Autorité de la concurrence issues its first Opinion on the Telecom Sector, taking into account the recently published European Commission’s NGA Recommendation* On 8 March 2011, following a request by the French telecom sector regulator (ARCEP), the Autorité de la concurrence (the (...)

The Indian Government brings the provisions of the Competition Act, 2002, relating to regulation of “combinations”, into force
Vaish Associates Advocates (New Delhi)
India 263 contributions 41154 visits
Merger control provisions notified by the Central Government* The Central Government vide four Gazette notifications issued on Friday, March 4, 2011 has brought the provisions of the Competition Act, 2002 (the Act) relating to regulation of “combinations” i.e. acquisitions, acquiring of control, (...)

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