March 2014

Anticompetitive practices

 The Helsinki District Court dismisses a damages action on concerted practices in spare car parts wholesale (Atoy v. Arwidson, HL Group, Koivunen, Kaha and Örum)
University of Helsinki
Finland 12 contributions 2391 visits
The Helsinki District Court dismissed a damages action claiming losses allegedly caused by concerted practice between spare car part wholesalers. The court found that the claimant had failed to show a causal link between competition-infringing practice by the five defendants and damage which (...)

The Supreme Arbitration Court of the Russian Federation refuses to transfer a claim in a case on bid-rigging at an auction for supplying anti-tuberculosis drugs (Medical Leasing Consulting)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
The Supreme Arbitration Court of the Russian Federation drew a line in a case on bid-rigging at an auction for supplying anti-tuberculosis drugs* On 31st March 2014, the Supreme Arbitration Court of the Russian Federation refused to transfer a claim of “Medical Leasing Consulting” Ltd. to the (...)

The Helsinki District Court dismisses several damages actions against wood industry actors due to prescription (Laatikkala Oy, Metsäliitto Osuuskunta Stora Enso Oyj, and UPM-Kymmene)
University of Helsinki
Finland 12 contributions 2391 visits
The Helsinki District Court has decided to dismiss several damages actions against raw wood market buyer side competition restriction participants. Approximately 650 damages actions against major wood industry actors have been pending before the Helsinki District Court, which has opted for (...)

The Australian Federal Court imposes fines on a travel agency for repeatedly attempting to enter into anti-competitive arrangements with three international airlines (Flight Centre)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 9293 visits
$11 million penalties imposed on Flight Centre* The Federal Court has today made declarations and ordered that Flight Centre pay penalties totalling $11 million for repeatedly attempting to enter into anti-competitive arrangements with three international airlines to eliminate differences in (...)

The EU Commission announces the adoption of a revised technology transfer block exemption regulation and new accompanying guidelines
Norton Rose Fulbright (London)
United Kingdom 8 contributions 1123 visits
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Norton Rose Fulbright (London)
United Kingdom 4 contributions 794 visits
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Norton Rose Fulbright (London)
China 2 contributions 392 visits
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Introduction The European Commission has recently announced its adoption of a revised Technology Transfer Block Exemption Regulation and new accompanying Guidelines, which will come into force on 1 May 2014 and apply for twelve years. This will impact on the risk of including certain clauses (...)

The Italian Competition Authority deicides to undertake market testing of commitments regarding resale price maintenance in the photovoltaic sector (Photovoltaic Inverter case)
Desogus Law Office (Cagliari)
Italy 126 contributions 106676 visits
In the Photovoltaic Inverter case the Italian Competition Authority (ICA) has opened an Article 101 TFEU investigation into an alleged resale price maintenance agreement (RPM) in the photovoltaic market . Recently, the ICA decided to publish and subject to a market test the set of behavioural (...)

The US Court of Appeals for the 7th Circuit affirms dismissal of antitrust claims under FTAIA in a lawsuit alleging price-fixing of LCD modules (Motorola Mobility / AU Optronics)
Sheppard Mullin (San Francisco)
United States 6 contributions 442 visits
Seventh Circuit Affirms Dismissal of Motorola’s LCD Antitrust Claims Based on Foreign Purchases* On March 27, in the latest major development in Motorola Mobility’s lawsuit alleging price-fixing of liquid crystal display modules (LCDs), a three-judge panel of the Seventh Circuit, including (...)

The EU Court of Justice reduces the fines imposed on the appellant for failure of the General Court to take sufficient account of a substantive problem with the Commission’s decision relating to the company’s rights of the defence (Ballast Nedam)
EFTA Surveillance Authority (Brussels)
Belgium 6 contributions 1335 visits
Case C-612/12 P Ballast Nedam NV: Competition law, rights of the defence and reduction of fine.* The Court of Justice does not often reduce a fine imposed by the Commission on an undertaking for a breach of the competition rules when the amount of the fine has been upheld by the General Court. (...)

The Canadian Supreme Court of British Columbia certifies a competition law class action subject to a requirement for the plaintiff to redraft her pleadings to conform to several key court holdings (Watson / Bank of America)
Steve Szentesi Law Corporation (Vancouver)
Canada 49 contributions 7281 visits
BC Court Certifies Visa/MasterCard Conspiracy Class Action* In an interesting and important decision issued late last week, the British Columbia Supreme Court has certified a Competition Act class action against Visa Canada Corporation, MasterCard International Inc. and a number of major banks (...)

The Danish Competition Council orders professional association to abstain from boycotting an internet portal which provides an easy-to-use online interface that allows quick access to offers on car repair (Association for Auto Repair Shops)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 74 contributions 10188 visits
Denmark: The Association for Auto Repair Shops in Denmark (CAD) has illegally urged its members to boycott Autobutler* The Danish Competition Council has decided that the Association for Auto Repair Shops in Denmark (CAD) has violated the Competition Act by urging its member to boycott (...)

The High Court of New Zealand fines wood company for price fixing on the commercial timber market in the Auckland (Carter Holt Harvey)
New Zealand Commerce Commission (Wellington)
New Zealand 27 contributions 2289 visits
Press releases published on New Zealand Commerce Commission Carter Holt Harvey fined for “classic” price fixing breaches* Commerce Commission General Manager Competition, Kate Morrison says the High Court’s decision to fine Carter Holt Harvey $1.85 million for price fixing in the Auckland (...)

The Bulgarian Commission for the Protection of Competition advocates for more competition on retail market of reimbursable drugs
European Commission
Belgium 730 contributions 169642 visits
Bulgaria: The Commission for the Protection of Competition advocates for more Competition on Retail Market of Reimbursable Drugs* On 26 March 2014, the Commission for the Protection of Competition (CPC) adopted an advocacy opinion on the compatibility with competition rules of certain (...)

The South African Competition Tribunal dismisses a monopolization case brought by the Competition Commission against a leading brewer and distributor of beer and soft drinks (South African Breweries)
Nortons (Sandton)
South Africa 20 contributions 2538 visits
SA competition enforcer’s distribution monopoly case dismissed by Tribunal* South African Breweries distribution case dismissed The Competition Tribunal of South Africa has dismissed a monopolization case brought by the Competition Commission against South African Breweries (“SAB”). The (...)

The Moscow Appeal Court upholds the decision of the Russian Competition Authority having sanctioned two pharmaceutical companies for bid-rigging (Rosta and Pharmstandart)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
An Appeal Court confirmed legitimacy of a 200-million RUB fine imposed upon “Pharmstandart” OJSC for bid-rigging* On 24th March 2014, the 9th Arbitration Appeal Court pronounced legitimacy of holding “Pharmstandart” OJSC administratively liable and fining the company over 201 million RUB. In (...)

The Canadian Competition Bureau consults the public concerning new draft guidelines on price maintenance enforcement
Steve Szentesi Law Corporation (Vancouver)
Canada 49 contributions 7281 visits
Competition Bureau Issues New Draft Price Maintenance Enforcement Guidelines* Canada’s Competition Bureau has issued new Price Maintenance Enforcement Guidelines for public comment (see: Competition Bureau Seeks Comments on its Draft Price Maintenance Guidelines). In making the announcement, (...)

The South African Competition Commission initiates proceedings before Competition Tribunal in relation to cartel on the market for supply of power cables (Alvern Cables)
Nortons (Sandton)
South Africa 20 contributions 2538 visits
Cable Cartel may lead to battle of the titans* The South African Competition Commission (the Commission) has recently referred its findings of cartel conduct against Alvern Cables, South Ocean Electric Wire Company (SOEW), Tulisa Cables, and Aberdare Cables who are all suppliers of power (...)

The Danish Competition and Consumer Authority settles fines imposed for resale price maintenance between a distributor of hair products and some of its dealers (Coss)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 74 contributions 10188 visits
Denmark: ”Distributor of hair products pays fine in settlement for resale price maintenance”* On November 29, 2013, the company Coss (a Danish distributor of hair products) entered into a settlement with the Danish Competition and Consumer Authority and accepted to pay a fine of DKK 100.000 (€ (...)

The Romanian Competition sanctions a large number of electric and electronic producers for participating in a cartel during buy-back campaigns for electric and electronic equipment (Arctic, Electrolux, Agis Computer...)
DLA Piper Dinu SCA (Bucharest)
Romania 7 contributions 1613 visits
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DLA Piper Dinu SCA (Bucharest)
Romania 3 contributions 474 visits
Introduction The Romanian Competition Council (“RCC”) published in June 2014 a set of decisions concerning an alleged cartel on the market for the commercialization of electrical and electronic equipment (“EEE”) and the market for waste management of EEE ("RCC Investigation"). The RCC (...)

The Russian Competition Authority fines three companies for cartel in the market of an auction for snow removal (Petrovsky Park)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
Friendship at an auction turned into fines* On 17th March 2014, the Moscow Office of the Federal Antimonopoly Service in (Moscow OFAS Russia) fined “Kommunalny Sector” Ltd., “Petrovsky Park” Ltd. and “PromStroiTorg” Ltd. for a cartel at an auction for snow removal. The total size of the fines (...)

The Paris Court of Appeal reduces by almost 99 percent the penalty imposed by the French Competition Authority on a manufacturer for prohibiting the sale of its products online to the members of its selective distribution network (Bang & Olufsen)
Magenta (Paris)
France 4 contributions 1092 visits
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Dechert (Paris)
France 4 contributions 1131 visits
In its judgment of March 13, 2014, the Paris Court of appeal (Court of Appeal) reduced by almost 99 per cent the penalty imposed by the French Competition Authority (FCA) on Bang & Olufsen (B&O) in its decision of December 12, 2012 (Decision) for having, since 2001, prohibited the (...)

The Bulgarian Commission for the Protection of Competition recommends abolishing unreasonable administrative barriers to competition in auditors’ market
European Commission
Belgium 730 contributions 169642 visits
Bulgaria: The Commission for the Protection of Competition recommends abolishing unreasonable Administrative Barriers to Competition in Auditors’ Market* On 12 March 2014, the Commission for the Protection of Competition (CPC) issued an advocacy opinion in which it recommends abolishing the (...)

The Australian Federal Court finds restrictive agreements preventing a competitor from entering the market by obtaining direct access to a source of flyash (Cement Australia)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 9293 visits
Federal Court declares anticompetitive conduct by Cement Australia* The Federal Court in Brisbane has made declarations in the ACCC v Cement Australia Pty Ltd & Ors matter, finding numerous contraventions of section 45 of the then Trade Practices Act 1974, now the Competition and Consumer (...)

The Spanish National Court clarifies that associations can submit cost reports to the Administration in the context of regulated tariffs (SEDIGAS, AOGLP)
Baker McKenzie (Madrid)
Spain 5 contributions 3437 visits
The Spanish National Court (Audiencia Nacional, "AN") issued two judgments on 10 and 14 March 2014 annulling the Decision of the Spanish National Competition Commission (Comisión Nacional de la Competencia, "CNC") dated 30 July 2012 imposing fines on two trade associations operating in the gas (...)

The Portuguese Competition, Regulation and Supervision Court affirms decision imposing a fine on the business forms cartel (Contiforme)
Abreu Advogados (Lisbon)
Portugal 2 contributions 291 visits
Following the Portuguese Competition Authority (PCA) decision dated 19 December 2012 imposing a total EUR 1,797,978.51 fine on four companies of the graphic industry - Contiforme, Soluções Gráficas Integradas, S.A.; Copidata, S.A., (Copidata); Formato, Formulários Múltiplos Comerciais, S.A., and (...)

The Danish State Prosecutor for Serious Economic and International Crime grants immunity from sanctions concerning bid rigging in the cleaning industry
Danish Competition and Consumer Authority (Copenhagen)
Denmark 74 contributions 10188 visits
Denmark: ”Immunity in a cartel case granted for the first time”* An undertaking and a natural person in the cleaning industry has been granted immunity from sanctions in a cartel case for the disclosure of information regarding the cartel. It is the first time that the State Prosecutor for (...)

The Russian Competition Authority considers that tenderers concluded an oral anticompetitive agreement in the market of software maintenance (Sintez)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
FAS Russia confirmed that violators used the “ram attack” scheme* On 6th March 2013, the Federal Antimonopoly Service (FAS Russia) found that “Sintez” Ltd., “IT-DISTRIBUTSIA” Ltd. and “Sistema” Ltd. violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”. The companies (...)

The German Federal Constitutional Court regards the disclosure of leniency applicants’ documents as not violating fundamental constitutional rights in the cartel damages proceedings (Aufzugskartell)
Hogan Lovells (Munich)
Germany 17 contributions 5976 visits
I. The Facts Following the European Commission’s decision to impose fines against a group of lift and escalator manufacturers for violating EU antitrust rules in February 2007 (COMP/38.823), several building contractors initiated civil damages claims before the Regional Court of Berlin at the (...)

The Arbitration Court of Moscow upholds the decision of the Russian Competition Authority sanctioning several cartelists having implemented an anticompetitive agreement on the market of soft cable compounds (First Chemical Company)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
Three Court instances supported FAS position on a case of cartel on the market of soft cable compounds* On 5th March 2014, the Federal Arbitration Court of the Moscow District upheld the judgment of Moscow Arbitration Court of 18th July 2013 and the ruling of the 9th Arbitration Appeal Court (...)

The Russian Competition Authority imposes fines on three cartelists on the market of table salt (Veles / TDS / Sol Bryanska)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
FAS fined participants of an anticompetitive agreement on the market of table salt* On 4th March 2014, the Federal Antimonopoly Service (FAS Russia) imposed turnover fines upon three cartel participants on the market of table salt. “TDS” CJSC is held administratively liable and fined 3.1 million (...)

The Russian Competition Authority imposes fines on two cartelists on the market of Norwegian fish (Russian Fish Company / Russian Sea – Kaliningrad)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
FAS fined participants of an anticompetitive agreement on the market of Norwegian fish* On 4th March 2014, the Federal Antimonopoly Service (FAS Russia) imposed turnover fines upon two participants of a cartel on the market of Norwegian fish. “Russian Fish Company” CJSC is held administratively (...)

The Lithuanian Competition Council establishes a restrictive agreement as regards limitation of beer production and finds an infringement of Article 5 of the Law on Competition and Article 101 TFEU (Guild of Breweries)
Lithuanian Competition Authority (Vilnius)
Lithuania 36 contributions 4882 visits
Competition Council: the agreement among brewers was not based on concerns about the public health only* On 4 March, the Competition Council (the Council) announced that the Lithuanian Guild of Breweries, AB Gubernija, UAB Kalnapilio – Tauro grupė, UAB Restoranas Apynys, TŪB Rinkuškiai, UAB (...)

The Lithuanian Competition Authority finds brewers guilty in breaching national competition rules and Article 101(1) TFEU (Lithuanian Association of Breweries)
SKVLAW (Vilnius)
Lithuania 6 contributions 688 visits
On March 4th, 2014 the Competition Council of the Republic of Lithuania (hereafter – NCA) issued their decision in “The Brewers’ Case” . NCA stated that by their agreement to limit beer production undertakings had breached both national, and EU competition rules. Contractual restraints were aimed (...)

The US DoJ announces that a former prime contractor manager has been sentenced to serve 14 years in prison in an ongoing bid-rigging, fraud and kickback case (McDonald)
Steve Szentesi Law Corporation (Vancouver)
Canada 49 contributions 7281 visits
U.S. DoJ Announces Record 14 Year Prison Sentence in Bid-Rigging Case* In what can only be described as a somewhat sobering announcement, the U.S. Department of Justice (DoJ) announced earlier today that a former prime contractor manager has been sentenced to serve 14 years in prison in an (...)

The US Supreme Court grants petition in a case concerning alleged exclusion of non-dentists from offering tooth-whitening services (North Carolina Board of Dental Examiners)
Orrick, Herrington & Sutcliffe (San Francisco)
United States 22 contributions 3924 visits
U.S. Supreme Court to Decide When Professional Licensing Bodies Have Antitrust Immunity* The state action immunity doctrine shields private actors from antitrust liability if their activities are actively supervised by a state. But arms of the state itself generally don’t have to satisfy the (...)

The OFT provides usefull insights into the role and challenges of competition law in public service markets (Higher Education Report)
University of Cambridge
United Kingdom 6 contributions 608 visits
Competition law and public services: insights from the OFT report into higher education* Recent public sector reforms have relied on choice and competition to increase the quality and quantity of service provision, whilst also controlling cost, through a programme known as Open Public (...)

The EU Commission issues a statement on opening of investigation into pay-TV services (Sky / Canal+)
Blackstone Chambers (London)
United Kingdom 11 contributions 2201 visits
Murphy and pay-TV: an update* Back in November I wrote about a Financial Times report that the European Commission was about to commence an antitrust investigation into pay-TV services. That investigation was formally announced last Monday, in a statement by Joaquín Almunia, Commission VP for (...)

Unilateral Practices

 The Swedish Court of Stockholm City upholds the decision of the Competition Authority in a verdict which rules that a municipality is not permitted to compete on the private market (Services Office Borås)
Swedish Competition Authority (Stockholm)
Sweden 31 contributions 2259 visits
Municipality at fault for competing with private companies* The Services Office of the Municipality of Borås is prohibited from selling services to other parties than the Municipality. Stockholm City Court fully supports the Swedish Competition Authority in a verdict which rules that the (...)

The Latvian Competition Council launches inquiry into supply of information systems to public authorities
Konkurences padome (Riga)
Latvia 76 contributions 8633 visits
The Competition Council launches Inquiry into Supply of Information Systems to Public Authorities* The Competition Council (CC) started an inquiry into the supply of information systems to public authorities. The CC intends to examine whether competition restrictions in the related markets of (...)

The Russian Competition Authority fines a pharmaceutical company for abuse of dominance in the market of treating renal deficiency through peritoneal dialysis (Baxter)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
“Baxter” unlawfully restricted competition on the market of medicines for treating renal deficiency* “Baxter” CJSC restricted competition and infringed the interests of “Medical Service Company” Ltd. by unlawfully refusing to supply a unique drug for treating renal deficiency through peritoneal (...)

The Russian Competition Authority fines a transport company for excessive pricing (Khabarovsk)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
Khabarovsk OFAS punished “FPK” OJSC for fixing monopolistically high prices and creating discriminatory conditions in transportation* The Office of the Federal Antimonopoly Service in the Khabarovsk region (Khabarovsk OFAS Russia) fined “Federal Passenger Company” OJSC (“FPK” OJSC) over 1.5 (...)

The Russian Competition Authority accepts the trading practices of a gas provider on the market of wholesale sales of gasoline and diesel fuel (LUKOIL)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
“LUKOIL” Group agreed its trading practices with FAS Russia* On 26th March 2014, the Federal Antimonopoly Service (FAS Russia) agreed upon the trading practices of “LUKOIL” Group on wholesale sales of gasoline and diesel fuel in the Russian Federation. “LUKOIL” devised its trading policies to (...)

The Indian Competition Authority fines the largest national commercial real estate developer for not complying with a cease and desist order(DLF)
Vaish Associates, Advocates (New Delhi)
India 242 contributions 16167 visits
DFL fined Rs24.1 million for non-compliance* The informant in Case 67/2010 filed an application with the Competition Commission under Section 42 of the Competition Act, alleging that Delhi Land & Finance (DLF) had not complied with the commission’s final order dated January 31 2012, which (...)

The Canadian Competition Bureau publishes a new draft of its enforcement guidelines on resale price maintenance as the previous guidelines failed to address a large number of issues covered by Section 76
Davies Ward Phillips & Vineberg (Toronto)
Canada 17 contributions 1588 visits
Canada grapples with pricing issues* Introduction With the exception of hard-core cartel conduct such as price-fixing and bid-rigging, Canadian competition law has de-emphasized in recent years the importance of pricing conduct as a source of anti-competitive harm. Thus, although the Canadian (...)

The Moscow Arbitration Court upholds the warning delivered by the Russian Competition Authority against a pharmaceutical company aiming to eliminate disadvantageous contract conditions (Novo Nordisk)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
Moscow Arbitration Court confirmed legitimacy of a FAS warning issued to “NovoNordisk”* On 14th March 2014, Moscow Arbitration Court confirmed legitimacy of a warning issued by the Federal Antimonopoly Service (FAS Russia) to “Novo Nordisk” Ltd. due to elements of violating Clauses 3 and 5 Part 1 (...)

The Russian Competition Authority fines a gas provider for abuse of dominance (Dagestangazservice)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
Dagestan OFAS fined “Dagestangazservice” Ltd. 10 million RUB for abusing market dominance* On 14th March 2014, the Office of the Federal Antimonopoly Service in the Republic of Dagestan (Dagestan OFAS Russia) imposed a turnover fine upon “Dagestangazservice” Ltd. for abusing market dominance. The (...)

The Competition Appeal Tribunal of UK publishes a notice of appeal against a decision to sell off one cement plant (Lafarge Tarmac)
DLA Piper (London)
United Kingdom 2 contributions 144 visits
The UK cement market has been under much scrutiny recently. In January 2014, the old UK competition regulator, the Competition Commission (now replaced by the Competition and Markets Authority or CMA) published its final report following its market investigation into the aggregates, cement and (...)

The Russian Competition Authority fines an electricity manufacturer for abuse of dominance (Dagenergoset)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
“Dagenergoset” OJSC fined 29 million RUB for violating the antimonopoly law* On 13th March 2014, the Office of the Federal Antimonopoly Service (FAS Russia) in the Republic of Dagestan (Dagestan OFAS Russia) fined “Dagenergoset” OJSC over 29 million RUB for abusing market dominance. The case was (...)

The Moscow Arbitration Court upholds the decision of the Russian Competition Authority sanctioning railway company for abuse of dominance (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
The Court found that “Russian Railways” OJSC violated the antimonopoly law* On 12th March 2014, the Federal Arbitration Court of the Moscow District confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) with regard to “Russian Railways” OJSC upon (...)

The Kenyan Competition Authority receives a complaint pushing for a full hearing in a case of abuse of dominance where the market rival of the applicant tried to negotiate a settlement (Safaricom)
Primerio (Washington)
United States 42 contributions 4890 visits
Airtel Kenya requests probe of Safaricom for abuse of dominance in mobile money transfer market* Mobile payment wars heating up in Kenya Airtel Networks Kenya Limited (“Airtel”) has joined forces with Kenya-based Equity Bank to launch a similar mobile banking product, M-KESHO in July 2014 to (...)

The Court of Bosnia and Herzegovina upholds the infringement decision of the Competition Authority of Bosnia and Herzegovina concerning abuse of dominant position on the market for fast money transfer services (Raiffeisen Bank)
Faculty of Law - University of Macau
Macao 279 contributions 199754 visits
On 6 November 2012 the Competition Authority of Bosnia & Herzegovina (KV) found that four Western Union agents have abused their collective dominant position on the market for fast money transfer services by including the exclusivity clauses in their cooperation agreements with the banks (...)

The Moldovan Competition Authority investigates the pricing of postpaid mobile services by the incumbent operator (Moldtelecom)
Faculty of Law - University of Macau
Macao 279 contributions 199754 visits
On 25 November 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the mobile telecom company IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market on the part of the incumbent telecom operator Moldtelecom SA. The (...)

The Italian Supreme Court confirms a rejection of damages claim for alleged abuse of collective dominance (Delta Impianti)
Cleary Gottlieb Steen & Hamilton (Rome)
Italy 4 contributions 873 visits
On 5 March 2014, the Italian Supreme Court upheld a judgment of the Court of Appeals of Catania, dated 2 May 2006, which rejected a damages claim for alleged abuse of collective dominance consisting in the imposition of unfair prices and other trading conditions, as well as in discriminatory (...)

Mergers

 The Australian Competition Tribunal receives an application for authorisation to acquire the assets of a power station following the opposition decision issued by the ACCC (AGL Energy / Macquarie Generation)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 9293 visits
AGL to seek Australian Competition Tribunal decision on Macquarie Generation* The Australian Competition and Consumer Commission acknowledges AGL’s application to the Australian Competition Tribunal which was filed today seeking an authorisation that an acquisition of Macquarie Generation be (...)

The COMESA Competition Commission receives less notifications for mergers and acquisitions during February and March this year
Primerio (Washington)
United States 42 contributions 4890 visits
Slow-going M&A statistics in COMESA before anticipated threshold revision* Strong numbers from early 2014 did not hold up After posting a record three merger notifications in January, the COMESA Competition Commission has seen its M&A filing statistics decline to zero in February and (...)

The Polish Competition Authority issues a conditional clearance for a merger in the pharmaceutical sector (Neuca / ACP Pharma)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 18 contributions 4776 visits
In the decision of 31 March 2014, the President of the Office for Competition and Consumer Protection (hereinafter referred to as the “OCCP President”) approved concentration consisting of Neuca taking control over ACP Pharma. However, Neuca must sell one of its wholesalers located in Bydgoszcz (...)

The German Competition Authority confirms that the new submitted proposal for commitments is sufficient to dispel the competition concerns on the reader and advertising markets for TV programme magazines (Funke Media Group / Axel Springer)
German Competition Authority (Bonn)
Germany 252 contributions 36980 visits
Funke media group offers new commitments* The Bundeskartellamt confirms that in the examination proceedings concerning the acquisition of HÖRZU, FUNK UHR, TV DIGITAL and TV NEU, the media group Funke-Mediengruppe (FMG) and Axel Springer SE have submitted a new commitment proposal. According to (...)

The Cypriot Commission for the Protection of Competition clears conditionally a joint-venture on the market for printing services for weekly and monthly magazines (Proteas Press / I.G. Cassoulides & Son / Litho Web)
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
Cyprus 22 contributions 1911 visits
The Commission for the Protection of Competition decided to clear the concentration of companies Proteas Press Ltd, I.G. Cassoulides & Son Ltd and Litho Web Ltd for a joint venture, by imposing behavioural and structural remedies* On 28/3/2014, the Commission for the Protection of (...)

The Australian Competition and Consumer Commission releases statements outlining concerns with the proposed acquisition of a private hospital in Melbourne (Brunswick Private Hospital / Healthscope)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 9293 visits
ACCC releases Statement of Issues on proposed acquisition of Brunswick Private Hospital by healthscope* The Australian Competition and Consumer Commission has released a Statement of Issues (SoI) outlining concerns with the proposed acquisition of the Brunswick Private Hospital, in Melbourne’s (...)

The German Federal Court of Justice clarifies requirements for state liability in illegal prohibition of a merger by the Federal Competition Authority (GN Store Nord II)
Jones Day (Brussels)
Belgium 21 contributions 11558 visits
The case before the Oberlandesgericht, (Higher District Court of Düsseldorf (OLG Düsseldorf)) related to a damages claim brought by Phonak against the Federal Republic of Germany based on the German rules of state liability (Section 839(1)(1) of the German Civil Code (BGB) in conjunction with (...)

The Australian Competition and Consumer Authority does not oppose the acquisition of an independant insurance underwriter because other competitors including the banks and challenger brands are likely to have a similar ability to provide strong price-based competition (IAG / Wesfarmers)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 9293 visits
The Australian Competition and Consumer Commission has announced that it will not oppose IAG’s proposed acquisition of Wesfarmers’ insurance underwriting business* IAG’s proposed acquisition was publicly announced in December 2013. The ACCC has closely reviewed the proposed acquisition as IAG and (...)

The Belgian Competition Authority clears a merger in the printed media sector (Editions de l’Avenir et L’Avenir Advertising / Tecteo Services Group)
Simmons & Simmons (Brussels)
Belgium 20 contributions 6283 visits
Following its clearance of a merger of two Flemish newspaper groups (Corelio/Concentra, decision of 25 October 2013), the Belgian Competition Authority has had to review another proposed concentration in the printed media sector, this time in the French-speaking part of Belgium. The (...)

The Netherlands Authority for Consumers and Markets submits to the European Commission that a merger between two largest domestic cable companies shall be reviewed in the Netherlands (UPC / Ziggo)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 84 contributions 6950 visits
ACM: merger between cable companies UPC and Ziggo should be assessed in the Netherlands* The Netherlands Authority for Consumers and Markets (ACM) is convinced that the merger between cable companies UPC and Ziggo should be assessed in the Netherlands. ACM has therefore requested the European (...)

The Cypriot Competition for the Protection of Competition receives notification of a merger on the market for owning and managing hotels (Amathus Public / Amathina Holdings / Muskita)
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
Cyprus 22 contributions 1911 visits
Notification concerning the creation of the company Amathina Holdings Ltd by the companies Amathus Public Ltd, Elerfield Holdings Ltd and the Muskita Group to finance the acquisition of the Amathus Beach Hotel in Limassol through the company Amathina Luxury Hotels Ltd* The Service of the (...)

The Canadian Competition Bureau clears a merger in the grocery distribution sector by consent agreement (Loblaw-Shoppers)
Université d’Ottawa - University of Ottawa
Canada 24 contributions 10416 visits
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Canadian International Joint Commission (Ottawa)
France 5 contributions 1042 visits
Introduction The Canadian Competition Bureau (“Bureau”), which assists the Commissioner of Competition (“Commissioner”) in the administration and enforcement of the Competition Act (“Act”) , announced on 21 March 2014 that the Commissioner has reached a consent agreement with Loblaw Companies (...)

The Chinese MOFCOM announces decision to publicize the decisions of administrative penalties of undertakings which did not submit a notification prior to the implementation of their concentration
AnJie Law (Beijing)
China 14 contributions 7052 visits
Non-filers Beware: MOFCOM Takes More Strict Approach* Introduction On March 21, 2014, the PRC Ministry of Commerce (“MOFCOM”) announced that it decided to publicize the decisions of administrative penalties of undertakings which did not submit a notification prior to the implementation of their (...)

The Canadian Competition Bureau completes two lengthy merger investigations in the grocery sector where the regulation of pricing conduct with regard to the relation retailer - supplier was a central issue
Davies Ward Phillips & Vineberg (Toronto)
Canada 17 contributions 1588 visits
Face-off in the Grocery Aisle: Retailers and Suppliers Go Head-to-Head in Canada* I. INTRODUCTION Perhaps more than ever, tensions between suppliers and retailers have become the defining feature of the grocery industry worldwide. These tensions have also frequently formed the basis for (...)

The Chinese MOFCOM announces new penalties for companies that fail to notify mergers
General Court of the European Union (Luxembourg)
Belgium 19 contributions 20081 visits
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White & Case (Brussels)
Belgium 43 contributions 37129 visits
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White & Case (Stockholm)
Sweden 4 contributions 560 visits
MOFCOM Shows Teeth Against Gun Jumping* Summary On 20 March 2014, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a notice announcing that it will make public decisions sanctioning companies failing to notify mergers that meet the filing thresholds. The notice further (...)

The Italian Regional Administrative Court of Lazio provides some lightening on the so–called “overflowing” and their relationship with the protection of competition (Italgas Acega Aps / Isontina Reti Gas)
Rucellai & Raffaelli (Milan)
Italy 6 contributions 12381 visits
1. Case examined by T.A.R. Lazio (Regional Administrative Court of Lazio) judgment, n. 3047, Italgas-Acegas-Aps / Isontina Reti Gas of March 20th 2014 . The decision concerns an appeal from a decision of the Italian Competition Authority (the “Authority”) prohibiting a concentration pursuant (...)

The Cypriot Commission for the Protection of Competition receives a notification of a proposed concentration on the market for sale and production of of diapers, adult incontinence products and sanitary napkins (Fater / Procter & Gamble)
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
Cyprus 22 contributions 1911 visits
Notification of concentration concerning the acquisition of Laundry aids «ACE» which is part of Procter & Gamble Company by Fater S.p.A Company*. The Service of the Commission for the Protection of Competition received on behalf of Procter & Gamble Company and Fater S.p.A a (...)

The Commission for the Protection of Competition of the Republic of Cyprus concludes that a transaction does not affect the current position of the acquirer and therefore decided that it did not raise serious doubts as regards its compatibility with the competitive market (Vicini/SLZA)
Chrysses Demetriades (Limassol)
10 contributions 2264 visits
Background On the 27th of December 2013, the Commission for the Protection of Competition (the «Commission») received a notification relating to the proposed acquisition by S.L.Z.A. S.A. («S.L.Z.A.») of 30% of the share capital of Vicini S.p.A. («Vicini»), in accordance with section 13 of the (...)

The German Competition Authority clears the acquisition of a business division active in the wholesale of sanitary, heating and air conditioning installations (Cordes & Graefe)
German Competition Authority (Bonn)
Germany 252 contributions 36980 visits
Bundeskartellamt clears acquisition of "bäderwelt" by Cordes & Graefe* The Bundeskartellamt has cleared the acquisition of "bäderwelt" of Praetner GmbH & Co. Handels KG by Cordes & Graefe KG. The business division "bäderwelt" in Freising is active in the wholesale of sanitary, heating (...)

The UK Competition Appeal Tribunal upholds the Competition Commission’s decision ordering partial divestment of an airline’s minority shareholding in its direct competitor (Ryanair)
The University of Manchester
United Kingdom 8 contributions 1339 visits
On 7 March 2014, the Competition Appeal Tribunal (“the CAT”) handed down its judgement upholding the findings of the Competition Commission (“the CC”) in its final report (“the Report”) concluding that Ryanair’s 29.82% minority shareholding in Aer Lingus resulted in a substantial lessening of (...)

The UK Competition Appeal Tribunal dismisses an appeal against divestiture order under UK Enterprise Act 2002 (Ryanair)
Herbert Smith Freehills (London)
United Kingdom 7 contributions 512 visits
Ryanair Holdings Plc (“Ryanair”) and Aer Lingus Group plc (“Aer Lingus”) are Irish low-cost airline competitors that share more than 40 routes from and to Ireland. On 7 March 2014 in case 1219/4/8/13 Ryanair Holdings PLC v Competition Commission [2014] CAT 3, the Competition Appeal Tribunal ("CAT" (...)

The UK Competition Appeal Tribunal rules on non-controlling minority shareholding and reduces share to a maximum of 5% (Ryanair)
Queen Mary University (London)
United Kingdom 2 contributions 469 visits
The decision of the Competition Appeal Tribunal (CAT) Ryanair Holdings plc v Competition Commission on 7th March 2014 concerns the anti-competitive effects originated by financial links between competitors. In particular, the decision regards the effects on competition of Ryanair’s (...)

The UK Competition Appeal Tribunal dismisses an appeal against divestiture of minority stake (Ryanair / Aer Lingus)
King’s College (London)
United Kingdom 5 contributions 1096 visits
Background of the case Ryanair has been attempting to take over its rival Irish airline Aer Lingus since 2006 when it made its first bid. The COM prohibited the merger but also found it had no power to require Ryanair to divest itself of the minority stake of 25% in Aer Lingus. In the appeal (...)

The Cypriot Commission for the Protection of Competition receives a notification of a proposed concentration on the market for cosmetics and beauty products (L’Oreal / Carita & FIPAL)
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
Cyprus 22 contributions 1911 visits
Notification concerning the acquisition of the share capital of FIPAL S.A.S. and Carita International S.A. by L’Oreal S.A.* The Service of the Commission for the Protection of Competition received, according to Section 13 of the Control of Concentrations between Enterprises Law (Number (...)

The Australian Competition and Consumer Commission does not oppose a proposed acquisition of a distributor of flat steel products after accepting an undertaking to divest certain processing assets (BlueScope Steel / OneSteel Sheet & Coil)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 9293 visits
ACCC will not oppose proposed acquisition of OneSteel Sheet and Coil by Bluescope* The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition of the OneSteel Sheet and Coil business from Arrium Limited by BlueScope Steel Limited after (...)

The South African Minister of Economic Development intervenes in favour of allowing the implementation of an acquisition in the agricultural sector (AFGRI / AgriGroupe)
Primerio (Washington)
United States 42 contributions 4890 visits
Worrying trends in South African merger control – Government’s abuse of process continues unabated* Secret deals sideline competition authorities In what can only be described as a significant step backwards in ensuring that the more established of the emerging economies enforce the application (...)

The South African Competition Tribunal approves the merger on the market for canned pilchards on the same conditions initially imposed by the Competition Commission (Oceana Group / Foodcorp)
Nortons (Sandton)
South Africa 20 contributions 2538 visits
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Primerio (Washington)
United States 42 contributions 4890 visits
Commission’s fisheries merger conditions upheld on review by Tribunal* Competition Tribunal confirms Commission’s ruling on Oceana and Foodcorp merger Johannesburg-listed Ocean Group Limited is the largest fishing company in South Africa, whose fishing activities include inter alia the (...)

The South African Competition Commission awaits notification of a merger in the telecom sector (Vodacome / Neotel)
Primerio (Washington)
United States 42 contributions 4890 visits
Telecom adversaries to remain “principled” in their competing bids for 4G spectrum* The telecoms are at it again, and MTN and Vodacom find themselves close together once more. Last October, we reported on their being jointly targeted by competitor Cell C for predatory “on-net” pricing. Today, (...)

The Italian Competition Authority clears a transaction between leading insurance firms for the acquisition of control of a company operating in the same insurance sector (Società Cattolica di Assicurazione / FATA Assicurazioni Danni)
C partners law and tax firm (Milan)
2 contributions 374 visits
Background With decision n. 24828 of last 5th March 2014 the Italian Competition Authority (the “Authority”) cleared a transaction for the sale and purchase of shares representing the entire corporate capital of FATA Assicurazioni Danni S.p.A. (“FATA”) from Generali Italia S.p.A. (“Generali (...)

The Australian Competition and Consumer Commission opposes the acquisition of two power stations by main electricity retailer (AGL Energy / Macquarie Generation)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 9293 visits
ACCC opposes AGL’s proposed acquisition of Macquarie Generation* The Australian Competition and Consumer Commission has today announced that it will oppose the acquisition of the assets of Macquarie Generation by AGL Energy Limited (AGL). The ACCC considers that the proposed acquisition is (...)

The Lithuanian Competition Council clears acquisition of business related to production and provision of cell culture products, supressor genes and magnetic micro particles (GMC / Thermo Fisher Scientific)
Lithuanian Competition Authority (Vilnius)
Lithuania 36 contributions 4882 visits
Competition Council clears acquisition by general electric company of GMC consolidation* On 4 March 2014, the Competition Council (the Council) cleared acquisition by General Electric Company of 100 per cent GMC Consolidation LLC shares. General Electric Company acquires a part of Thermo (...)

State Aid

 The EU Commission offers valuable guidance on the application of Regulation 1370/2007 on passenger transport services
College of Europe (Bruges)
Belgium 251 contributions 24244 visits
* Article published on Lexxion State Aid Blog, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships (...)

The EU Commission deems that the land development scheme for industrial and commercial use in Germany did not encompass any advantage as the purchasers of subsidised assets paid the market price
College of Europe (Bruges)
Belgium 251 contributions 24244 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The European Commission holds that simultaneity of investments by public and private investors is a necessary but not sufficient condition for public investments to be free of State aid (Larco General Mining & Metallurgical company)
College of Europe (Bruges)
Belgium 251 contributions 24250 visits
Simultaneity of Investments by Public and Private Investors is a Necessary but not Sufficient Condition for Public Investments to be Free of State Aid* Main points If a public authority guarantees a loan to a company that is in financial difficulty and charges a low premium, the whole loan, (...)

The EU Commission finds that Greece’s sale of certain assets of a state owned mining company does not constitute State aid (Larco General Mining & Metallurgical Company)
College of Europe (Bruges)
Belgium 251 contributions 24250 visits
*Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice issues two judgements on the application of the Private Investor Principle and correspondently the Private Creditor Principle (Rousse Industry)
College of Europe (Bruges)
Belgium 251 contributions 24250 visits
Article published on Lexxion State Aid Blog The Importance of a Correct Framing of the Private Creditor and Private Investor Tests* Main points A public authority acting as private creditor must exhaust all legally available means of recovering money owed to it. A private creditor may agree (...)

Procedures

 The Romanian Competition Council publishes the preliminary results of its sector inquiry into the national beer market
European Commission
Belgium 730 contributions 169642 visits
Romania: Beer Market under Scrutiny by Competition Council* In April 2014, the Romanian Competition Council (RCC) published the preliminary results of its sector inquiry into the national beer market covering the period between 2007 and 2011. The inquiry reveals that the market is an (...)

The Brussels Commercial Court issues injunction order against recently launched peer-to-peer car sharing service on the taxi market in Brussels (UberPop)
Steve Szentesi Law Corporation (Vancouver)
Canada 49 contributions 7281 visits
Competition & Taxis: A Few Uber Updates & Why Taxis are Like Typewriters* I’m getting closer to being a middle-aged guy – well, closer to middle age than a young guy. As such, I remember some of those things that commercials sometimes mock middle aged guys (or older guys than me yet) for (...)

The Irish Competition Authority and National Consumer Agency welcomes the publication of the Competition and Consumer Protection Bill which will merge the two organisations to form the Competition and Consumer Protection Commission
Irish Competition Authority (Dublin)
Ireland 36 contributions 4396 visits
Competition Authority and National Consumer Agency welcome publication of the Competition and Consumer Protection Bill* The Competition Authority and National Consumer Agency today welcomed the publication of the Competition and Consumer Protection Bill which will merge the two organisations (...)

The Irish Competition and Consumer Protection replaces consumer Agency and competition authority
European Commission
Belgium 730 contributions 169642 visits
Ireland: New Competition and Consumer Protection Bill merges Consumer Agency and Competition Authority* On 31 March 2014, a new Competition and Consumer Protection Bill was published by the Irish Government. The draft legislation has three main components: Merge the National Consumer Agency (...)

The UK Office for Gas and Electricity proposes reference to competition and markets authority to investigate energy market
European Commission
Belgium 730 contributions 169642 visits
United Kingdom: The Office for Gas and Electricity proposes Reference to Competition and Markets Authority to investigate Energy Market* On 27 March 2014, the Office for Gas and Electricity Markets (Ofgem, the UK regulator for energy), the Office of Fair Trading (OFT) and the Competition and (...)

The Moscow Arbitration Court upholds the decision of the Russian Competition Authority having sanctioned a dealer of fire-fighting equipment for failure to provide information (Monitoring Service South)
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
The Court confirmed legitimacy of 300,000 RUB fine for failure to provide information* On 27th March 2014, Moscow Arbitration Court pronounced legitimacy of a determination of the Federal Antimonopoly Service (FAS Russia) on an administrative case against “Monitoring Service South” Ltd. (...)

The Indian Competition Commission penalises an investigated company for non-disclosure of information (Google)
Centre for Internet and Society (Bangalore)
India 1 contribution 55 visits
CCI penalises Google for non-disclosure of information; fines it one crore rupees* Earlier in March, Google was fined one crore rupees by the Competition Commission of India (CCI) for not cooperating with the Director General’s (DG’s) investigations into its operations. The DG had served seven (...)

The US Supreme Court clarifies standing requirements under the federal trademark law with possible implications for the antitrust claims (Lexmark International / Static Control Components)
Bona Law (San Diego)
United States 13 contributions 1882 visits
Will the Supreme Court’s Lexmark Standing Decision Lead Indirect-Purchaser Antitrust Plaintiffs to Federal Court?* While waiting for my flight to leave San Diego on my way to Washington, DC for the ABA Antitrust Spring Meeting, I saw on Twitter—the best source for immediate Supreme Court (...)

The US Supreme Court affirms the judgment of the Court of Appeals for the Sixth Circuit and gives voice to criticism against the traditional standing test for antitrust claims (Lexmark International / Static Control Components)
Womble Bond Dickinson (Washington D.C.)
United States 10 contributions 1799 visits
Supreme Court Creates New Standing Test For Asserting False Action Claim Under Lanham Act* On March 25, 2014, the Supreme Court issued a unanimous opinion, authored by Justice Scalia, in Lexmark International, Inc. v. Static Control Components, Inc. In a previous post, I discussed my (...)

The French government promulgates a new consumer law introducing class actions (’Hamon Law’)
Norton Rose Fulbright (Paris)
France 7 contributions 4749 visits
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Dechert (Paris)
France 20 contributions 22864 visits
The new “Hamon Law” introducing French class actions and its effects on competition and distribution law Introduction In order to balance the powers of economic stakeholders, France has adopted a new consumer law, popularly known as the “Hamon Law”. The new statute, adopted by the French (...)

The Argentinian Commission for the Defense of Competition launches an investigation on the food, cleaning and clothing and related consumer goods in large superficies, raw material and other supplies for the industries, construction materials and related supplies for the construction industry, pharmaceuticals and health service markets
De Dios & Goyena (Buenos Aires)
Argentina 4 contributions 586 visits
The National Commission for the Defense of Competition (CNDC), as the acting administrative agency in charge of competition matters in Argentina, has initiated certain market investigations during the last month of February . As we have reported in previous instances, the Argentine Government (...)

The EU General Court paves the way for publishing of non-protected hardcore cartels’ related information (Reagens)
CDC Cartel Damage Claims (Brussels)
Belgium 11 contributions 11137 visits
Factual Background of Judgment of the General Court, T-181/10, Reagens / Commission (hereinafter the “judgment”) By Decision C(2009) 8682 final of 11 November 2009 (Case COMP/38589 – Heat stabilisers), the Commission found that a number of undertakings, including Reagens SpA had infringed Article (...)

The Canadian Competition Tribunal suspends the registration of the consent agreement between the Commissioner of Competition and a number of e-books publishers until the determination of the application to rescind or amend this agreement (Kobo)
Cassels Brock (Toronto)
Canada 18 contributions 2696 visits
Kobo Obtains Stay of Ebooks Settlement* The ebooks settlement reached between the Competition Bureau and four major ebook publishers has been stayed pending the determination of a challenge brought by ebook retailer Kobo Inc. to the settlement. Kobo argues that its contracts with the four (...)

The EU Institutions reach compromise on EU Directive on private damage actions
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 38 contributions 14396 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 34 contributions 18095 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 7206 visits
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EU Institutions Reach Compromise on EU Directive on Private Damage Actions* On March 18, 2014, representatives of the European Commission (the Commission), the European Parliament and the Council of the European Union reached a compromise in relation to key provisions of the proposed EU (...)

The EU Commission examines a complaint against Germany in consideration of the matter of discriminatory treatment of EU citizens in connection with the extradition to the US of an Italian citizen on an antitrust charge (Romano Pisciotti)
University of New South Wales (Sydney)
Australia 5 contributions 465 visits
Cartel offender takes action against EU* In early April, the US Department of Justice’s Antitrust Division (DoJ) successfully extradited Romano Pisciotti – an Italian national - from Germany on an antitrust charge. It has been revealed this week that Mr Pisciotti has raised a legal challenge (...)

The EU General Court confirms practice of the Commission regarding requests for information based on simple presumptions (Cementos Portland Valderrivas)
Norton Rose Fulbright (Paris)
France 4 contributions 816 visits
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Norton Rose Fulbright (Paris)
France 7 contributions 1587 visits
On March 14, 2014, the General Court of the European Union (General Court) has confirmed the practice of the European Commission (Commission) regarding requests for information based on simple presumptions. The judgments demonstrate a bias in favour of the effectiveness of inspections (...)

The UK House of Commons amends the proposed bill on consumer rights which brings forward a reform of the civil litigation procedures as to facilitate follow-on damages actions in competition cases
St John’s Chambers (Bristol)
United Kingdom 14 contributions 3564 visits
Changes to the private litigation regime in the UK: are more collective damages actions on the way?* Private damages litigation is an important complement to public enforcement of UK and EU competition law by the European Commission and national competition authorities (“NCAs”), such as the UK’s (...)

The UK Parliament adopts proposal for an opt-out regime opts out from contingency fees in collective actions
Quinn Emanuel Urquhart & Sullivan (London)
United Kingdom 3 contributions 5060 visits
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IMF Bentham (Sydney)
1 contribution 152 visits
Sharing Risk in Collective Actions* With legislation to introduce collective actions currently making its way through Parliament (see our previous blog here), we are pleased to welcome a guest blog from Elaine Whiteford of King & Wood Mallesons LLP and Oliver Gayner of Burford Capital (...)

The Austrian Supreme Court dismisses an appeal by a company subject to a cartel investigation against an earlier decision by the Austrian Cartel Court
Van Bael & Bellis (Brussels)
Belgium 198 contributions 26107 visits
In a decision recently published on 6 March 2014, the Austrian Supreme Court (Supreme Court) dismissed an appeal by a company subject to a cartel investigation against an earlier decision by the Austrian Cartel Court to allow Austria’s Federal Competition Authority (BWB) access to copies of the (...)

The Competition and Markets Authority (CMA) publishes new guidlines regarding its antitrust investigation regime
Jones Day (London)
United Kingdom 22 contributions 8609 visits
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Cadwalader Wickersham & Taft (Brussels)
Belgium 9 contributions 6918 visits
The UK’s New Civil Antitrust Investigations Regime* From April 1, a new regime for civil antitrust investigations applies in the UK with the entry into effect of the new Competition and Markets Authority (“CMA”) (see Antitrust Alert). The CMA has recently published guidance on how this new regime (...)

Regulatory

 The Australian Competition and Consumer Authority concludes its inquiry on transmission regulation
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 9293 visits
ACCC concludes its inquiry on transmission regulation* The Australian Competition and Consumer Commission has concluded its inquiry into the regulation of transmission services (known as the Domestic Transmission Capacity Service or ’DTCS’). The ACCC has decided to maintain regulation for a (...)

The Australian Competition and Consumer Commission revokes regulations requiring telecom operator to report on its wholesale and retail operations (Telstra)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 9293 visits
ACCC revokes Telstra accounting separation reporting requirements* The Australian Competition and Consumer Commission has revoked regulations requiring Telstra to report to the ACCC on its wholesale and retail operations, known as the Accounting Separation Record Keeping Rules. The ACCC was (...)

The Australian Competition and Consumer Commission issues a draft determination proposing to grant authorisation to a professional association of mortgage and finance brokers to adopt a code of disciplinary rules
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 9293 visits
ACCC proposes to authorise the MFAA’s disciplinary rules* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to the Mortgage and Finance Association of Australia (MFAA) for its Disciplinary Rules. The ACCC proposes to grant (...)

The Swedish Competition Authority puts forward a number of proposals in order to make the regulatory framework more effective and decrease the lock-in effects for customers
Swedish Competition Authority (Stockholm)
Sweden 31 contributions 2259 visits
Competition on the financial services market - Deposits, mortgages and funds* In a report from last year, ‘Competition on the financial services market - Deposits, mortgages and funds’ the Swedish Competition Authority found that competition in the Swedish banking and finance markets is still (...)

The Latvian Competition Council concludes a sector inquiry into the market for manufacturing of circulatory systems drugs
Konkurences padome (Riga)
Latvia 76 contributions 8633 visits
The Competition Council concludes sector inquiry into the market of drugs of circulatory system* The Competition Council (CC) has concluded sector inquiry into the market of realization of circulatory systems’ drugs. Within it, the CC analysed the structure and trends of the market, evaluated (...)

The Russian Competition Authority welcomes the decree adopted aiming to develop competition in the electric power industry
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
The Action Plan for developing competition in the electric power industry as a next step to industry liberalization* On 17th March 2014, the Government of the Russian Federation passed No.379-r Decree to approve the Action Plan for developing competition in the electric power industry of the (...)

The German Federal Constitutional Court declares the inadmissibility of a complaint challenging a provision of the Energy Act which obliges operators of private power plants to reduce power input on request of the grid operator in return for a compensation (German Electricity Grid)
Bird & Bird (Dusseldorf)
Germany 19 contributions 2278 visits
Constitutional Court Declares Complaint Against Curtailment Provision in Energy Act Inadmissible* In a recent decision the Federal Constitutional Court (BVerfG) declared a constitutional complaint (Verfassungsbeschwerde) inadmissible that challenged a provision in the German Energy Act (EnWG) (...)

The German Federal Minister for Economic Affairs and Energy receives an update of a position paper on the German energy transition towards a mainly renewable energy supply (Energiewende)
Bird & Bird (Dusseldorf)
Germany 19 contributions 2278 visits
Initiativkreis Ruhr Committed to Energiewende, But Demands Adjustments* Initiativkreis Ruhr (IR), an association of 66 leading companies in the Ruhr area (Ruhrgebiet) handed over an update of a position paper on the German energy transition towards a mainly renewable energy supply (...)

The New Zealand Commerce Commission seeks submissions on its proposed approach to setting the rate of return on capital for the unbundled copper local loop network and the unbundled bitstream access service
New Zealand Commerce Commission (Wellington)
New Zealand 27 contributions 2289 visits
Press releases published on New Zealand Commerce Commission Commission consults on cost of capital for telecommunications price reviews* The Commerce Commission is seeking submissions on its proposed approach to setting the rate of return on capital for the unbundled copper local loop (UCLL) (...)

The Netherlands Authority for Consumers and Markets finds that providing data about license plates for free or for a small fee is not an economic activity (RDW)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 84 contributions 6950 visits
Providing ‘bare’ data by RDW is not an economic activity* Providing ‘bare’ data about license plates for free or for a small fee by RDW, the Dutch national motor vehicle and driving license registration authority, is not an economic activity. This was revealed by an analysis that the Netherlands (...)

The US Supreme Court grants petitions for writs of certiorari in a case dealing with the question whether a state regulatory board created by state law can be treated as a private actor under antitrust law (North Carolina Board of Dental Examiners)
Bona Law (San Diego)
United States 13 contributions 1882 visits
Applying the Antitrust Laws to Anticompetitive State and Local Government Conduct* Update: The Supreme Court granted review in North Carolina Board of Dental Examiners v. FTC on March 3, 2014 Lawyers, judges, economists, law professors, policy-makers, business leaders, trade-association (...)

The EU Parliament and Council issue a new directive on public concessions which brings about a significant risk of duplication of the relevant rules
University of Bristol - Law School
United Kingdom 87 contributions 13696 visits
The new Directive on Concessions is basically unnecessary, but creates red tape, duplication & legal uncertainty (Dir 2014/23)* I have been working on the preparation of a commentary to the first part of the new Directive 2014/23 on the award of concession contracts (OJ L 94, 28/03/2014, (...)

Public sector

 The Russian Competition Authority considers that the State Committee of the Republic of Karelia violated the competition law (State Committee of the Republic of Karelia )
Russian Federal Antimonopoly Service (Moscow)
France 253 contributions 18443 visits
A tender for leasing heating power facilities must take place in accordance with the law* The Federal Antimonopoly Service (FAS Russia) found that the State Committee of the Republic of Karelia for Managing State Property and Procurement violated the antimonopoly law in a course of a tender (...)

The Canadian Federal Government announces significant amendments to the integrity provisions imposing rigorous certification conditions on the award of public contracts
McMillan (Ottawa)
Canada 1 contribution 49 visits
Canadian Federal Government Tightens Procurement Integrity Provisions* With very little publicity or warning, on March 3rd, 2014 Public Works and Government Services Canada (PWGSC) announced significant amendments to the Integrity Provisions, which are incorporated in all solicitations (...)

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