March 2012

Anticompetitive practices

 The US District Court of Detroit dismisses antitrust claims against practice of requiring hospitals to enter into "MFN-Plus" contracts (City of Pontiac / Blue Cross Blue Shield)
Sheppard Mullin (San Francisco)
United States 13 contributions 3071 visits
District Court Dismisses Follow-On Suit Challenging Blue Cross’s “MFN-Plus’ Contracts Under Both Per Se and Rule of Reason Standards* The District Court for the Eastern District of Michigan recently dismissed antitrust claims brought by the City of Pontiac against Blue Cross Blue Shield of (...)

The Croatian High Administrative Court upholds the NCA’s decision against an automobile supplier for including anticompetitive provisions in its auto repair services agreements (Kia Motors)
University of Macau - Faculty of Law
China 284 contributions 226214 visits
On 29 March 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision issued by the Croatian Competition Authority (AZTN) against the exclusive supplier of KIA automobiles in Croatia Kia Motors Adria Group d.o.o. (KMAG) for obliging the authorized auto repairers to (...)

The UK Competition Authority consults on the introduction of a new structure concerning investigation decisions under the Competition Act 1998
University of East Anglia
United Kingdom 2 contributions 348 visits
Article published on Centre for Competition Policy blog. OFT’s Proposed Reforms Fall Short of Ensuring Independence in Antitrust Decision Making* The OFT is currently consulting on its proposed new investigation procedures in competition cases. Much of what is proposed is very good – but (...)

The EU Commission imposes € 169 M on 14 international groups of freight forwarders for operating four price fixing cartels (Freight forwarders cartel)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95015 visits
On 28 March 2012, the European Commission announced that it had fined 14 international groups of companies a total of € 169 million for participating in four distinct cartels. According to the press release published by the Commission, the aim of the participants in the cartel was to fix (...)

The EU Commission fines nine producers of window mountings € 86 M for price fixing cartel (Roto / Gretsch-Unitas)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95015 visits
On 28 March 2012, the European Commission announced that it had fined nine European producers of mountings for windows a total of approximately € 86 million for operating a price- fixing cartel. The companies involved are Roto, Gretsch-Unitas, Siegenia, Winkhaus, Hautau, Fuhr, Strenger, (...)

The New York Court of Appeals holds that state law cannot reach a purely foreign antitrust conspiracy (Global Reinsurance / Equitas)
White & Case (New York)
United States 12 contributions 6053 visits
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White & Case (New York)
United States 6 contributions 1750 visits
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White & Case (New York)
United States 1 contribution 328 visits
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In a decision that may reverberate beyond the antitrust context, New York’s highest court - the Court of Appeals - held that the state’s antitrust statute lacks the extraterritorial scope to reach a purely foreign alleged antitrust conspiracy. The decision could have broad implications for (...)

The UK Government presents its plans for minimum alcohol pricing giving rise to claims of resale price maintenance illegality
Lancaster University
United Kingdom 6 contributions 954 visits
Minimum Alcohol Pricing and EU Law* The announcement regarding minimum alcohol pricing on Friday 22nd March was unusual in a number of respects. The UK Govt does not usually make significant announcements on Friday, as most MPs are away from Westminster on constituency business, but it also (...)

The Dutch Competition Authority revises fines on flour producers (Meneba / Grain Millers / Werhahn)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
The Netherlands: The Netherlands Competition Authority (NMa) revises Fines on Flour Producers* On 22 December 2010, the NMa imposed fines totalling € 81 600 000 on flour producers in the Netherlands, Belgium and Germany for cartel activities. Fifteen firms in different group compositions (...)

The Dutch Trade and Industry Appeal Tribunal annuls a fining decision, requesting the Competition Authority to reset the fines at a much lower level (Gardening companies)
Simmons & Simmons (Amsterdam)
Netherlands 4 contributions 432 visits
Late in 2005 the Dutch Competition Authority (NMa) imposed fines totalling €1.1m on eight gardening companies for engaging in illegal bid rigging in the southern Dutch city of Maastricht. In the beginning of 2004, the companies had agreed between themselves which companies would win five one (...)

The French Competition Authority fines three leading companies in the dog and cat food sector for anticompetitive agreements (Nestlé / Mars / Colgate-Palmolive)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
France: The Autorité de la concurrence fines three leading Companies in Dog and Cat Food Sector* On 20 March 2012, the Autorité de la concurrence (the Autorité) fined the Nestlé, Mars Incorporated, Colgate-Palmolive Groups and their respective specialist subsidiaries Nestlé Purina Petcare (...)

The US FTC brings an administrative action alleging price fixing and other anticompetitive behavior involving three of the largest suppliers of ductile iron pipe fittings (Star Pipe Products / Sigma Corporation / McWane)
United States 23 contributions 11478 visits
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Jones Day (Chicago)
United States 7 contributions 1830 visits
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Jones Day (Chicago)
United States 11 contributions 1559 visits
The FTC has brought an FTC administrative action alleging price fixing and other anticompetitive behavior involving three of the largest U.S. suppliers of ductile iron pipe fittings (DIPF), which are used in municipal water systems. It now has published for public comment a proposed consent (...)

The German Competition Authority concludes cartel proceedings against chemical wholesalers (A. + E. Fischer Chemie, Wiesbaden; Bergchemie J. C. Bröcking & Co.)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
Germany: The Bundeskartellamt concludes Cartel Proceedings against Chemical Wholesalers - Fines totalling € 8 700 000 imposed on 13 further Companies * On 15 March 2012, the Bundeskartellamt (BKartA) imposed fines totalling € 8 700 000 on 13 companies in the chemical wholesale sector on (...)

The German Competition Authority imposes fines totalling € 8.7 M on chemical wholesalers involved in price fixing cartel (A.+E. Fischer Chemie, Wiesbaden)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95015 visits
On 15 March 2012, the German Federal Cartel Office (“FCO”) announced that it had imposed fines totalling € 8.7 million on 13 companies active in the chemical wholesale sector. According to the FCO, representatives of the companies had agreed on prices and supply quotas and concluded (...)

A Kazakh court fines national oil and gas operator a total of KZT 438,6 M for an anticompetitive agreement on exclusive supply of liquefied petroleum gas (KazMunayGas)
Center for Development and Protection of Competition Policy (Astana)
Kazakhstan 9 contributions 2044 visits
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Reed Smith (Astana)
Kazakhstan 4 contributions 926 visits
On the 14 March 2012, the Specialized Administrative Court of Pavlodar city fined JSC National Company “KazMunayGas” (hereinafter – KazMunayGas) a total of KZT 438,6 mn for entering into an anti-competitive agreement with JSC “Helios”on exclusive supply of liquefied petroleum gas. (...)

The US District Court for the Northern District of California returns verdicts in the rare price-fixing trial of global liquid-crystal displays conspiracy (AU Optronics)
Jones Day (London)
United Kingdom 30 contributions 21990 visits
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Jones Day (Shanghai)
China 51 contributions 24122 visits
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Jones Day (Tokyo)
United States 8 contributions 4481 visits
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Companies and individuals that are accused of price-fixing rarely go to trial. Indeed, in the last 10 years, no corporate defendant (and only a handful of individuals) has elected to litigate an international criminal cartel case in a U.S. court. The vast majority of cases are resolved through (...)

The US District Court for the Northern District of California jury finds two out of five defendants, all from Taiwan, guilty of conspiring to fix prices of thin-film transistor liquid crystal displays (AU Optronics)
White & Case (Washington)
United States 9 contributions 3699 visits
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White & Case (Washington)
United States 1 contribution 321 visits
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Are Antitrust Violations Crimes Involving Moral Turpitude?* On March 13, 2012, the United States obtained its first trial convictions ever against foreign (...)

The French Competition Authority fines French and German millers for several anticompetitive practices (France Farine, Bach Mülhe)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
France: The Autorité de la concurrence fines French and German Millers for several anticompetitive Practices foreclosing French Packaged Flour Market* On 13 March 2012, the Autorité de la concurrence (the Autorité) established the existence of a cartel between French and German millers (...)

The Belgian College of Competition Prosecutors finds illegal exchange of price information among producers of fast-moving-consumer-goods
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47501 visits
On 12 March 2012, the College of Competition Prosecutors submitted a reasoned report to the Competition Council finding an illegal exchange of price information between producers of fast- moving-consumer-goods in the context of a multi-sectoral association. The report concludes the (...)

The German Competition Authority imposes a fine of € 30 million on a manufacturer of fire-fighting vehicles for participating in anti-competitive agreements (Iveco)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95015 visits
According to a press release of 7 March 2012, the German Federal Cartel Office (“FCO”) has imposed a fine of € 30 million on IVECO Magirus Brandschutztechnik GmbH (“IVECO”), a manufacturer of fire-fighting vehicles. IVECO is accused of having participated in illegal price- fixing, quota (...)

The Croatian High Administrative Court upholds the Competition Authority’s interpretation of the block exemption regulation on vertical agreements in a resale price maintenance case (M San Grupa)
University of Macau - Faculty of Law
China 284 contributions 226214 visits
On 7 March 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision of the Croatian Competition Authority (AZTN) issued against the wholesaler of the household electronics M SAN Grupa d.d.(MSG) for imposing the resale price maintenance obligations on one of its (...)

The French Competition Authority fines endives producers for price agreement (APVE, APEF)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
France: The Autorité de la concurrence fines Endives Growers (Producers) for maintaining Minimum Prices for 14 Years * On 6 March 2012, the Autorité de la concurrence (the Autorité) established that 10 producer organizations (POs) and seven representative organizations had set up a general (...)

The Austrian Cartel Court imposes fines on three breweries for refusal to supply
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
Austria: Cartel Court imposes Fines on Breweries* On 5 March 2012, the Cartel Court granted the Federal Competition Authority’s (FCA) application for the imposition of fines against three breweries for refusal to supply. The Cartel Court established that the refusal to supply cash and (...)

The German Competition Authority concludes cartel proceedings against manufacturers of concrete pipes and imposes first fines in the proceedings on concrete paving stones (Berding Beton)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95015 visits
According to a press release of 1 March 2012, the German Federal Cartel Office (“FCO”) has concluded its cartel proceedings against manufacturers of concrete pipes and shafts for sewage systems. Following the first fines of € 11.86 million imposed on two manufacturers and individuals in (...)

Unilateral Practices

 The Spanish Central Administrative Tribunal of Contractual Appeals grants public buyers wide discretion to exclude supplies of reused or refurbished goods (FREMAP)
University of Bristol - Law School
United Kingdom 92 contributions 25672 visits
On 30 March 2012, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales) issued its Decision 83/2012 regarding the award of a contract for the supply of IT consumables where the contracting authority had excluded the (...)

The EU General Court establishes the responsibility of a dominant undertaking to prevent the margin squeeze within the limits imposed by ex-ante regulation (Telefónica)
Blackstone Chambers (London)
United Kingdom 23 contributions 5923 visits
Ex ante and ex post regulation following Telefónica* Hats off to Spain for having the nerve to suggest that it might have been a better target for the Commission’s attention than Telefónica, the former monopoly telecoms provider recently fined over €150 million for committing a margin (...)

The Czech Regional Court holds that a request for information is inadmissible only if excessive in a case concerning an abuse of dominance in the telecom sector (Telefonica)
Kinstellar (Prague)
Czech Republic 9 contributions 6914 visits
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Kinstellar (Prague)
Czech Republic 3 contributions 3608 visits
Subject matter of the case In March 2011, the Office for Protection of Competition (the “Office”) initiated administrative proceedings against Telefónica Czech Republic (“Telefónica“) for alleged abuse of dominant position by means of a margin squeeze in the market of access to Internet (...)

The Taiwan Fair Trade Commission fines the leading taxi automobile supplier for implementing a territorial-restriction policy through sale subsidies (Toyota)
Taiwan Fair Trade Commission (Taipei)
Taiwan 6 contributions 1359 visits
Introduction In March 2012, the Taiwan Fair Trade Commission (TFTC) imposed a NT$3,000,000 fine on Toyota, the leading taxi automobile supplier in Taiwan, for limiting the sales of its Taiwanese dealers to the assigned "areas of responsibility" (AOR). This case infused new elements into the (...)

The Danish Competition Authority decides not to initiate any further investigation in a case of urging municipalities to sign contracts without initiating public tenders (KMD)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36333 visits
The IT-company KMD’s strategy to urge municipalities to sign it-contracts with KMD and refrain from initiating public tenders* This case concerns whether the Danish IT-company KMD has breached section 11 in the Danish Competition Regulation and TEUF article 102 by pursuing a strategy to urge (...)

The EU Court of Justice applies the effects-based approach to claim of exclusionary pricing abuse (Post Danmark)
Belgian Competition Authority (Brussels)
Belgium 18 contributions 23487 visits
Looking back at a 2012 highlight: Post Danmark* Looking back at 2012 antitrust developments and browsing through this blog, I was surprised not to see any posting on what was in my view a major highlight of the past year, namely the EU Court of Justice (ECJ) judgment in Post Danmark (...)

The EU Court of Justice affirms the application of a consumer-oriented effects-based approach to exclusionary pricing practices of dominant undertakings and the "as efficient competitor test" (Post Danmark)
Brussels School of Competition (Brussels)
Belgium 18 contributions 36293 visits
The author is Principal Expert in Antitrust Policy at DG Competition, European Commission. The views expressed in this article are his own and do not necessarily reflect those of DG Competition or the European Commission. The author expresses its thanks Ekaterina Rousseva and Carles Esteva (...)

The EU Court of Justice endorses an effects-based approach on the assessment of low pricing policy under Article 102 TFEU (Post Danmark)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 4 contributions 1471 visits
Post Danmark: does the ECJ take the effects based approach further than a mere price/cost-test and does it oblige the national judge to apply that effects based approach ex nunc?* In a grand chamber judgment in case C‑209/10, Post Danmark, the European Court of Justice (ECJ) handed down a (...)

The Greek Competition Authority accepts commitments in a pay-TV case (Forthnet / Multichoice)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
Greece: The Competition Commission accepts Commitments in Digital Satellite Pay-TV Case* On 26 March 2012, the Grand Chamber of the Hellenic Competition Commission (HCC) decided, by a majority vote, to accept the commitments proposed by Forthnet S.A (Forthnet) and its subsidiary, Multichoice (...)

The US District Court for the Central District of California dismisses a claim stating that the economic damages analysis ignored a "major factor" in form of different artists when assessing anticompetitive impact on ticket prices (Lauren J. Hammer / Clear Channel Communications)
Cohen Milstein (New York)
United States 57 contributions 7584 visits
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Burns Charest (Washington)
United States 57 contributions 7584 visits
In re Live Concert Antitrust Litig.: 863 F. Supp. 2d 966 (C.D. Cal. 2012) The court rendered decisions on various motions, including a motion to exclude the testimony of the plaintiffs’ damages expert. Two of the main statistical analyses the plaintiffs’ expert employed to estimate damages (...)

The EU General Court states that the EU Commission is entitled to request a party to provide pre-accession information to evaluate an alleged abuse of dominant position in the telecom sector (Slovak Telekom)
Wolf Theiss (Bratislava)
Slovakia 8 contributions 4793 visits
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Kinstellar (Bratislava)
Slovakia 3 contributions 750 visits
Factual background On 22 March 2012, the General Court dismissed the actions brought by Slovak Telekom a.s. (“ST”) against the European Commission (the “Commission”) in joined cases T-458/09 and T-171/10 and upheld the Commission’s decisions C(2009) 6840 of 3 September 2009 (the “Decision (...)

The Russian Commercial Appeal Court imposes a significant amend for a breach of competition on the market of domain name registration (Ru-Center)
Roche
1 contribution 425 visits
On March 19, 2012 the 9th Commercial (Arbitrazh) Appeal Court of the Russian Federation issued a landmark antimonopoly case decision concerning distribution of domain names. The dispute concerned significant abuses of the organization entitled to manage Russian domain name system. As it was (...)

The Italian Competition Authority fines a dominant undertaking for hindering a public tender procedure for the selection of a new provider of waste management services (Messinambiente / ATO ME3)
Municipality of Cagliari
168 contributions 134253 visits
By the decision made on 14 March 2012 the Italian Competition Authority (ICA) has fined Messinambiente for abusing its dominant position in the market for waste management services. Messinambiente infringed competition law because it failed to supply a set of data requested by a public (...)

The Indian Patents Office grants its first compulsory licence in the pharmaceutical industry (Natco / Bayer)
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19733 visits
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Talwar, Thakore & Associates (New Delhi)
India 2 contributions 430 visits
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Curious Case of Compulsory Licensing in India* In a move that has alarmed the pharmaceutical industry, in March 2012 the Indian Patents Office granted (...)

The Brussels Court of Appeal asks the EU Commission its opinion on the application of EU competition law regarding alleged abuse of dominance in the IT sector (Kapitol / Magyar Telekom)
Liège University
France 39 contributions 158330 visits
I. Facts Kapitol is a Belgian company. It offers European phonebooks services to its Belgian clients: they are available on both CD and DVD. In order to increase its offer, Kapitol wishes to have access to Magyar Telekom’s database in order to publish a Hungarian phonebook. Magyar Telekom (...)

The Italian Competition Authority opens an investigation against a postal incumbent in order to assess if it had applied the VAT exemption regime on universal services in breach of Art. 102 (VAT regime on postal services)
BonelliErede (Rome)
Italy 41 contributions 54291 visits
On 6 March 2012 the Italian Competition Authority (’ICA’ or ’the Authority’) opened formal proceedings against Poste Italiane S.p.A. (’Poste’ - the Italian incumbent operator in the postal sector) - for an alleged abuse of its dominant position under Article 102 of the Treaty on the (...)

The Spanish Competition Authority fines a professional association for fixing abusive fees (EGEDA)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
Spain: The Comisión de la Competencia (CNC) fines EGEDA for fixing abusive Fees* On 2 March 2012, the CNC Council concluded that the decision of Entidad de Gestión de Derechos de los Productores Audiovisuales (EGEDA) to charge general monthly fees for the public broadcasting of audio-visual (...)

The EU Commission announces the opening of proceedings in the market for the design of commercial control systems (The MathWorks)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66990 visits
On 1 March 2012, the European Commission announced that it had opened a formal investigation to assess whether The MathWorks abused a dominant position under Article 102 TFEU in the market for the design of commercial control systems by preventing competitors from achieving (...)

Mergers

 The Cyprus Commission for the Protection of Competition imposes a fine for failure to notify a merger in the pharmaceutical sector (Papaellinas / Sophocles Demetriades)
Ernst & Young (Nicosia)
Cyprus 9 contributions 1757 visits
Factual background The present case concerns the possible breaches of articles 9 and 13 of the Law on Control of Concentrations of Enterprises Laws of 1999 and 2000. The concentration in question was brought about following the conclusion of the Share Purchase Agreement dated 17.02.2010, (...)

The German Competition Authority publishes a new guidance on substantive merger control
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
Germany: New Guidance on Substantive Merger Control * On 29 March 2012, the Bundeskartellamt (BKartA) published a new guidance paper in which the concept of how the BKartA looks at corporate mergers is described. This document replaces the formerly valid “Principles of Interpretation of (...)

The President of the Polish Office of Competition and Consumer Protection clears a merger on the pharmaceutical market under sell-off conditions applicable to three drugs (Polpharma / Polfa)
Markiewicz & Sroczynski (Cracow)
Poland 3 contributions 606 visits
I. The Facts On 26 October 2011, Polpharma S.A. with its seat in Starogard Gdanski (“Popharma”), a leading Polish producer of pharmaceutical products and active ingredients, notified the President of the Office of Competition and Consumer Protection (“OCCP”) of its intention to acquire control (...)

The French Competition Authority clears a merger between two agricultural cooperatives (Champagne Céréales / Nouricia)
French Competition Authority (Paris)
France 747 contributions 409238 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears - subject to commitments - the merger of the agricultural cooperative groups Champagne Céréales and Nouricia* Yesterday the Autorité de la concurrence issued a (...)

The Italian Parliament approves liberalization law introducing important changes to the Italian merger control system
Gatti Pavesi Bianchi Ludovici (Milan)
Italy 10 contributions 3102 visits
ICN’s Recommended Practices I and II state that competition agencies should not assert jurisdiction over a merger unless the transaction would have an appreciable impact in the jurisdiction (the “local nexus” test), so that merger control filing requirements should be triggered only over (...)

The French Competition Authority clears, under conditions, a merger on the sanitation, heating and air-conditioning products sector (Point P / Brossette)
French Competition Authority (Paris)
France 747 contributions 409238 visits
Press Release published on the official website of the French Competition Authority. Subject to the sale of 22 retail outlets, the Autorité de la concurrence clears the acquisition of Brossette by the Point P group* In November 2011, at the request of Point P, a subsidiary of the (...)

The Hungarian Competition Authority clears the acquisition of the prospective owner and operator of the gas interconnector between Slovakia and Hungary by two state owned companies (Magyar Villamos Művek / MFB Invest Befektetési és Vagyonkezelő / Magyar Gáz Tranzit)
Johnson & Johnson
11 contributions 6931 visits
The Hungarian Competition Office (“HCO”) has approved the acquisition of joint control by Magyar Villamos Művek Zrt. (“MVM”), MFB Invest Befektetési és Vagyonkezelő Zrt. (“MFB Invest”) over Magyar Gáz Tranzit Zrt. (“MGT”), the prospective owner and operator of the gas interconnector between (...)

The UK Competition Authority requires an American company unwind a completed acquisition (Stericycle / Ecowaste Southwest Limited)
DLA Piper (London)
United Kingdom 28 contributions 11498 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 7 contributions 5455 visits
On 21 March, the Competition Commission ("CC") announced that it will require U.S. firm Stericycle to sell Ecowaste Southwest Limited ("ESL") – a company it bought just over a year ago. On what basis has the buyer found itself in such an unsatisfactory situation? The answer probably lies (...)

The Hungarian Competition Authority approves the creation of a joint venture for mobile phone services (MPVI Mobil)
Johnson & Johnson
11 contributions 6931 visits
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2 contributions 450 visits
The newly established joint venture company, MPVI, which was approved by the HCO intends to provide mobile radio telephone services on the basis of its right to use a frequency use. The Hungarian mobile telephone market is currently dominated by three key players (Magyar Telekom, Telenor and (...)

The UK Competition Authority prohibits a completed merger in the healthcare waste services industry requiring the divestment of the acquired business (Stericycle / Ecowaste Southwest)
St John’s Chambers (Bristol)
United Kingdom 15 contributions 5666 visits
Competition Commission prohibition of completed merger a warning to companies that do not wait for UK merger clearance* Unlike in most countries, in the United Kingdom, the notification of mergers is voluntary and there is no waiting period that must expire before a merger can be completed. (...)

The Hellenic Competition Authority grants derogation from the obligation to suspend until issuance of its approval decision (National Bank of Greece / Achaiki Cooperative Bank)
D.N. Tzouganatos & Partners
Greece 1 contribution 87 visits
The HCC pursuant to its decision No 537/VII/2012 allowed NBG to implement its acquisition of ACB prior to the issuance of its approval in order to avoid the danger of destabilization of the banking sector. On March 18th, 2012, pursuant to its decision of 18.03.2012, the Credit and Insurance (...)

The German Competition Authority prohibits a merger between aerated concrete manufacturers (Xella / H+H)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72647 visits
By decision of 12 March 2012, the German Federal Cartel Office (“FCO”) prohibited aerated concrete manufacturer Xella International Holdings S.à.r.l. (“Xella”) from acquiring its rival H+H International A/S (“H+H”). Xella, a building materials group from Luxemburg that is active in 30 (...)

The South African Competition Appeal Court upholds the Competition Tribunal’s conditional clearance of a retail market acquisition (Walmart / Massmart)
Meta (Washington)
United States 11 contributions 5354 visits
On 9 March 2012, the South African Competition Appeal Court upheld the Competition Tribunal’s decision to clear the Walmart/Massmart merger conditioned to several obligations that consider public interest needs. The South African Court concluded, after several months of dispute and business (...)

The Chinese MOFCOM clears an acquisition in the desktop hard drive disks market but imposes both structural and behavioral remedies (Western Digital / Hitachi)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 12693 visits
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Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
China 7 contributions 2399 visits
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Companies contemplating global mergers,acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked (...)

The Chinese MOFCOM clears acquisition in the hard disk drive business (Western Digital / Hitachi)
McDermott Will & Emery (Brussels)
Belgium 2 contributions 616 visits
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Dentons (Shanghai)
China 1 contribution 328 visits
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McDermott Will & Emery (Shanghai)
China 1 contribution 328 visits
Recently China’s Ministry of Commerce (MOFCOM) approved Western Digital’s proposed acquisition of Hitachi’s hard disk drive business on a conditional basis. Containing the most comprehensive clearance conditions ever imposed by MOFCOM, this decision mirrors previous guidance issued by the (...)

The Portuguese Competition Authority holds that mere coordinated contacts between two companies can consubstantiate a merger (Zon / AR Telecom)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 19 contributions 2568 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 24 contributions 2771 visits
I. Introduction On December 9, 2011, the Portuguese Competition Authority (PCA) was notified of a concentration under which Zon TV Cabo Portugal (Zon) notified the acquisition of a group of assets, specifically the residential customers of AR Telecom – Acesso e Redes de Telecomunicações (AR (...)

The Danish Public Prosecutor fines an agricultural company who intentionally or by gross negligence failed to correct wrong information relevant to a merger notification (Danish Agro)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36333 visits
Agricultural company pays fine in settlement for failure to correct wrong information relevant to a merger* On January 9, 2012, a Danish agricultural company entered into a settlement with the Public Prosecutor for infringing section 23 of the Danish Competition Act. The Danish agricultural (...)

State Aid

 The EU Commission orders recovery of state aid unlawfully granted by the Netherlands as decreased price for sale of land (Leidschendam-Voorburg)
Maastricht University (Maastricht)
Belgique 357 contributions 66840 visites
Article published on Lexxion State Aid Blog The Market Economy Vendor Principle: Sale of Public Land by the Dutch Municipality of Leidschendam-Voorburg* [Commission Decision SA.24123] The previous post examined a case where the European Commission applied the Market Economy Investor (...)

The EU General Court partly annuls a Commission decision on restructuring aid granted to a bank on account of the financial crisis (ING)
Van Bael & Bellis (Brussels)
Belgique 155 contributions 34997 visites
On 2 March 2012, the General Court (“GC”) has partly upheld ING’s appeal against a Commission decision of 2009 regarding various forms of aid granted by the Dutch State to the banking group ING in the context of the latter’s restructuring plan during the financial crisis. The ING (...)

Procedures

 The EU Commission fines two Czech energy companies for obstructing dawn raids (Energetický a průmyslový holding / EP Investment Advisors)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47501 visits
On 28 March 2012, the European Commission imposed a total of € 2,500,000 in fines on Energetický a průmyslový holding and EP Investment Advisors, active in the energy sector in the Czech Republic, for obstructing an on-the-spot inspection carried out by Commission officials from 24 to 26 (...)

The US Central District of California rejects plaintiff’s market definition of live rock music concerts (Live Concert Antitrust Litigation)
Cohen Milstein (New York)
United States 57 contributions 7584 visits
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Burns Charest (Washington)
United States 57 contributions 7584 visits
This case illustrates the degree to which courts have become fundamentally confused in recent years about "market definition" concepts, with the consequence that cases increasingly are dismissed based on rejection of a plaintiff’s proposed product market definition, and expert analysis of (...)

The US District Court for the Central District of California throws out a case alleging abuse of dominance on the grounds that the proposed market definition is too restrictive (Lauren J. Hammer / Clear Channel Communications)
Cohen Milstein (New York)
United States 57 contributions 7584 visits
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Burns Charest (Washington)
United States 57 contributions 7584 visits
In re Live Concert Antitrust Litig., 863 F. Supp. 2d 966 (C.D. Cal. 2012) This case illustrates the degree to which courts have become fundamentally confused in recent years about "market definition" concepts, with the consequence that cases increasingly are dismissed based on rejection of a (...)

The Macedonian Government regulates leniency under the new competition act
University of Macau - Faculty of Law
China 284 contributions 226214 visits
On 13 November 2010 the new Macedonian Competition Act has entered into force replacing the preceding Competition Act that has been in force since 2005. The new law introduced a number of substantive and procedural changes that have been aimed at harmonizing the Macedonian competition law with (...)

The EU General Court confirms Commission’s right to request documents pre-dating a member state’s accession to the EU (Slovak Telecom)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47501 visits
On 22 March 2012, the General Court rendered a judgment confirming the European Commission’s power to request documents pre-dating a member state’s accession to the EU. Indeed, the Court found that the Commission had been entitled to order Slovak Telekom to disclose information predating (...)

The Maltese Competition and Consumer Appeals Tribunal rejects the Competition Authority’s claim to be a party in proceedings but allows it to a limited right for attending and participating (Joe Mizzi)
Lia & Aquilina (Malta)
Malta 16 contributions 44936 visits
In terms of Article 13A of Maltese Competition Act (Chapter 379 of Laws of Malta, hereinafter referred to as ’MCA’), the Director General (Competition) (hereinafter referred to as ’Director’) applied to the Competition and Consumer Affairs Tribunal (hereinafter referred to as ’Tribunal’), (...)

The UK Competition Appeal Tribunal clarifies scope of litigation privilege in Office of Fair Trading investigations (Tesco)
Morgan Lewis (London)
United Kingdom 28 contributions 16498 visits
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Jones Day (London)
United Kingdom 4 contributions 780 visits
The UK Competition Appeal Tribunal ("CAT") has ruled that litigation privilege attaches to documents of parties being investigated, even when created before the Office of Fair Trading ("OFT") takes a formal infringement decision. The CAT confirmed that, once the OFT has issued a Statement of (...)

The EU Commission issues new detailed guidance on confidentiality claims
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47501 visits
On 16 March 2012, the European Commission published new informal guidance on how confidentiality claims should be made by undertakings in respect of documents and submissions provided to DG Competition in the context of investigations into alleged breaches of Article 101 and Article 102 (...)

The US Third Circuit Court of Appeals limits the prevailing party’s recoverable costs from e-discovery to the equivalent of making copies in the motor racing industry (Race Tires Am./Hoosier Racing Tire Corp.)
Paul Hastings (New York)
United States 1 contribution 125 visits
On March 16, 2012, the Third Circuit Court of Appeals weighed into a debate raging among district courts on whether broad e-discovery costs are taxable on the bill of costs under 28 U.S.C.A. § 1920 and thus recoverable by the prevailing party. Race Tires America, Inc. v. Hoosier Racing Tire (...)

The U.S. Third Circuit Court of Appeals narrowly construes the scope of recoverable costs from electronic discovery to tasks, such as transferring and scanning data, that are analogous to making copies in the car racing industry (Race Tires Am./Hoosier Racing Tire Corp.)
Morgan Lewis (Philadelphia)
United States 1 contribution 259 visits
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Morgan Lewis (Philadelphia)
United States 1 contribution 259 visits
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Comcast NBCUniversal (Philadelphia)
United States 1 contribution 259 visits
A recent opinion vacating most of the electronic discovery costs affirmed in Race Tires II provides clarity in the Third Circuit as to the limited scope of electronic discovery costs recoverable by a prevailing civil party. The rapidly evolving area of the law regarding whether a prevailing (...)

The UK Government announces reform of the competition regime
Morgan Lewis (London)
United Kingdom 28 contributions 16498 visits
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Squire Patton Boggs (London)
United Kingdom 11 contributions 4963 visits
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Jones Day (London)
United Kingdom 4 contributions 780 visits
On 15 March 2012, the UK Government announced its plans for reforming the UK competition regime. The Government has stopped short of radically redesigning the competition regime. Although one government body is replacing two, and there are significant changes expected for criminal (...)

The UK Government announces the outcome of its consultation on the future of the competition regime
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
United Kingdom: Competition Regime Reforms announced* On 15 March 2012, the UK Government announced the outcome of its consultation on the future of the competition regime. Following the consultation, the Government is proposing to create a new Competition and Markets Authority (CMA) that (...)

The Finnish Ministry of Economy sets up a steering group to investigate the possibility of merging the national Competition Authority and the Consumer Agency
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
Finland: Steering Group to assess Possibility of Merger between Finnish Competition and Consumer Authorities * The Finnish Ministry of Employment and the Economy (the Ministry) announced in March 2012 that it will set up a steering group to investigate the possibility of merging the Finnish (...)

The Spanish Competition Authority publishes a report on the bill to create the National Markets and Competition Commission (Comisión Nacional de los Mercados y de la Competencia)
IE Law School
Spain 12 contributions 3231 visits
The Spanish Competition Authority (Comisión Nacional de la Competencia,CNC) has published a report on the bill to create the national markets and competition commission, in which it makes some proposals for amendments of the draft legislation. In March, 15, 2012, the Council of the (...)

The Spanish Competition Authority publishes report on bill to create a new regulatory body (National Markets and Competition Commission)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
Spain: The Comisión Nacional de la Competencia (CNC) publishes Report on Bill to create National Markets and Competition Commission* In its meeting on 15 March 2012, the CNC Council adopted its Report on the Bill to Create the National Markets and Competition Commission (CNMC). The CNC takes (...)

The French Supreme Administrative Court adopts a strict approach with regards to equal treatment of bidders in case of a false information from the contracting authority (Dynacité)
University of Aix-Marseille
France 2 contributions 476 visits
On 12 March 2012, the French Council of State, the supreme administrative court responsible for reviewing judgments of the lower administrative courts in particular in the field of public procurement contracts, ruled on an unusual question. A contracting authority, Dynacité which is in charge (...)

The Hungarian Competition Authority establishes two new organizational units with respect to merger control and antitrust
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
Hungary: Two new Sections at the Hungarian Competition Authority* Since 1 March 2012, two new sections, the Merger Section and the Antitrust Section, have been fully operational within the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority). These sections replace the Financial (...)

The US Supreme Court leaves in place third circuit rule welcoming challenges to foreign conduct into U.S. Courts (Animal Science)
Jones Day (Cleveland)
United States 9 contributions 2950 visits
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Jones Day (Chicago)
United States 10 contributions 1951 visits
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Jones Day (Chicago)
United States 7 contributions 1830 visits
This week the U.S. Supreme Court announced it would not review a Third Circuit decision (Animal Science) that made it easier for antitrust plaintiffs to bring claims in U.S. courts for conduct occurring overseas under the Foreign Trade Antitrust Improvements Act (“FTAIA”). The Supreme Court’s (...)

Regulatory

 The Romanian Competition Authority issues its opinion on proposed amendments to law on taxi services (Law n°38/2003)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
Romania: Competition Council’s Opinion on proposed Amendments to Law on Taxi Services* The Competition Council (the Council) has considered the latest envisaged amendments to the Taxi Law no. 38/2003 regarding taxi transport and taxi rental services (Taxi Law), which are found to be contrary (...)

The EU General Court dismisses Spanish telecom incumbent’s appeal against a Commission decision that imposed a €151 million fine on the company for a margin squeeze in the regulated national broadband market (Telefónica)
BMW Automag (Munich)
Germany 2 contributions 1415 visits
On 29 March 2012 the General Court (“GC”) of the European Union dismissed an appeal lodged by Telefónica and its wholly owned subsidiary Telefónica España (hereinafter “Telefónica”) against a Commission decision of 4 July 2007 that imposed a €151 million fine on the company for having abused (...)

The EU General Court dismisses Spain’s appeal against the Commission’s infringement decision that held national telecom incumbent liable for an abusive margin squeeze in the regulated Spanish broadband market (Telefónica)
BMW Automag (Munich)
Germany 2 contributions 1415 visits
On 29 March 2012 the General Court ("GC") of the European Union dismissed an appeal lodged by the Spanish state against a Commission decision of 4 July 2007 that imposed a €151 million fine on Telefónica for a margin squeeze in the Spanish broadband market. The GC’s judgment confirms the (...)

The Bulgarian Competition Authority proposes amendments to regulatory framework for veterinarians
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
Bulgaria: The Commission on Protection of Competition (CPC) proposes Amendments to regulatory Framework for Veterinarians * On 13 March 2012, the CPC adopted an opinion on the regulations in force and the system of self-regulation in the field of veterinarians. The CPC took into account the (...)

The Dutch Competition Authority publishes its final report on competition among real estate agents
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220347 visits
The Netherlands: Market Study on Estate Agents finalised* On 8 March 2012, the Netherlands Competition Authority (NMa) published its final report on competition among estate agents who provide home buying and selling services. The study examines the current competitive situation as well as (...)