March 2016

Anticompetitive practices

 The Kiev Commercial Court of Appeal quashes a Lower Court’s ruling upholding the decision of the Antimonopoly Committee in a case involving allegations of anticompetitive information exchange (AC Nielsen)
Asters (Kiev)
Ukraine 10 contributions 2617 visits
On 31 March 2016, the Kiev Commercial Court of Appeal (the "Court of Appeal") quashed the ruling of the Kiev Commercial Court (the "Lower Court") upholding the decision of the Antimonopoly Committee of Ukraine (the "AMC") in the case involving allegations that certain trade chains had (...)

The Finnish Market Court rejects the penalty proposed by the Competition Authority concerning power line matter (Empower)
Finnish Competition and Consumer Authority (Helsinki)
Finland 75 contributions 12658 visits
Market Court rejects FCCA’s penalty proposal concerning power line matter* The Finnish Competition and Consumer Authority (FCCA) had proposed that the Market Court impose a EUR 35 million penalty on Eltel Networks Oy and Eltel Group Oy for unlawful collaboration between competitors in power (...)

The US District Court for the Southern District of New York confirms that cooperative processes such as setting benchmark interest rates may be subject to antitrust laws (Alaska Electrical Pension / Bank of America)
Brady (Washington)
United States 1 contribution 171 visits
Competitors engaged in cooperative processes find they face competing approaches by Southern District of New York Judges weighing antitrust liability*The scope of antitrust liability for competitors engaged in cooperative processes—such as setting benchmark interest rates—became murkier this (...)

The Hellenic Competition Authority fines a company for anticompetitive practices to a franchise network in the telecom market (Germanos)
Kyriakides Georgopoulos (Athens)
Greece 62 contributions 2520 visits
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Zepos & Yannopoulos (Athens)
Greece 28 contributions 1017 visits
Recalculation of GERMANOS’ fine (HCC 625/2016) In late 2014, the HCC published its 580/VII/2013 decision, finding that GERMANOS, a Deutsche Telekom subsidiary which runs a franchise of electronic goods stores, was applying a variety of anticompetitive practices to its franchise network, (...)

The Dutch Competition Authority takes note of the favourable ruling by the Trade and Industry Appeals Tribunal upholding €9M worth of fines on onion cartel participants (Silver Onion Cartel)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36844 visits
Statements CBb fine silver onion cartel* The Trade and Industry Appeals Tribunal (CBb) has upheld the fines imposed on growers and processors of silver onions on appeal. What is the case about? On 25 May 2012, ACM imposed fines of more than 8 million euros on growers and processors of (...)

The Romanian High Court of Cassation confirms the infringement of competition law by a manufacturer of oil and gas during cartel participation (OMV Petrom)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29512 visits
The Competition Council has irrevocably won the trial with OMV PETROM Marketing* The High Court of Cassation and Justice confirmed irrevocably the infringement of the Competition Law by OMV PETROM MARKETING (at the date of infringement called OMV) by participation in a cartel besides other (...)

The Dutch Competition Authority fines cold-storage firms for cartel (Eimskip / Kloosbeheer / Samskip / H&S Coldstores)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36844 visits
ACM imposed fines of EUR 12.5 million on cold-storage firms* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines, totaling almost EUR 12.5 million, in three cases on four companies in the cold storage industry (freezing and refrigerated storage). Five executives were (...)

The Croatian High Administrative Court reverses Competition Authority’s to fine yacht services companies for cartel (Marinas case)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20022 visits
Decisions of the High Administrative Court* The High Administrative Court confirmed the claim of ten undertakings in the marinas’ cartel that had been also established by the CCA on 17 March 2015. In the proceedings against the Adriatic International Club, Tehnomont, Marina Šibenik, Ilirija (...)

The German Competition Authority fines several companies for cartel in the sanitary sector (Elmer)
German Competition Authority (Bonn)
Germany 458 contributions 117225 visits
Bundeskartellamt imposes fines in cartel in sanitary sector* The Bundeskartellamt has imposed fines totalling around 21.3 million euros on nine wholesalers and an individual involved in the sanitary, heating and air conditioning sector on account of concluding anti-competitive agreements. (...)

The Portuguese Competition Authority opens a market inquiry concerning the commitments proposed by a supermarket operator suspected of engaging in resale price maintenance (Dia)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30257 visits
DIA Portugal offers commitments to the PCA* On 3 April 2014, the Portuguese Competition Authority (PCA) opened proceedings against DIA Portugal Supermercados, Sociedade Unipessoal, Lda. (DIA Portugal), for alleged infringement of national competition rules in the context of the Franchise (...)

The Latvian Competition Council exposes the outcome of its market study and sector inquiry into the dairy market
Latvian Competition Council (Riga)
Latvia 124 contributions 24647 visits
The CC takes a close look at the dairy market* The Competition Council (CC) of Latvia has recently concluded market study and sector inquiry into the dairy market in Latvia. Both researches provided the CC with an in-depth insight into the price changes within all phases of the market, as (...)

The Australian Federal Court rules in favor of Competition Authority’s appeal against an air cargo provider and clarifies when a market is "in Australia" (P T Garuda Indonesia)
Herbert Smith Freehills (Sydney)
Australia 2 contributions 146 visits
On 21 March 2016, the Full Court of the Federal Court allowed the ACCC’s appeal by a 2:1 majority in Australian Competition and Consumer Commission v P T Garuda Indonesia Ltd [2016] FCAFC 42. This case concerned allegations that P.T. Garuda Indonesia Ltd and Air New Zealand Ltd were party to (...)

The EU Commission presents its initial findings on geo-blocking with respect to consumer goods in an e-commerce sector inquiry
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95478 visits
On 18 March 2016, the European Commission published its initial findings of its sector inquiry into the e-commerce sector in relation to geo-blocking practices. The Commission de nes geo-blocking as commercial practices whereby online providers prevent users from accessing and purchasing (...)

The EU Commission lists geo-blocking practices which may prevent online shoppers from purchasing goods or digital content based on their location
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 46 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 1407 visits
On 18 March 2016, the European Commission published its initial findings on ‘geo-blocking’ practices, which may prevent online shoppers from purchasing goods or digital content based on their location. The Commission’s figures suggest that geo-blocking is a widespread practice throughout the (...)

The Singapore Competition Authority extends the scope of the “by object” category of anticompetitive agreements again and fines firms for pressuring competitors to withdraw rebates offered to customers (iFast)
National University of Singapore
Singapore 1 contribution 478 visits
On 17 March 2016, the Competition Commission of Singapore (CCS) issued an Infringement Decision against 10 undertakings for violating the section 34 prohibition against anti-competitive agreements (the Singapore analogue of Article 101EC). The undertakings (a group of Financial Advisers that (...)

Advocate General Wathelet concludes that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56788 visits
On 17 March 2016, Advocate General Wathelet issued his opinion on a request for a preliminary ruling from the Paris Court of Appeal, which inquired as to whether Article 101 TFEU precludes a licensee from paying royalties pursuant to a licensing agreement when the patent, which is the subject (...)

The Italian Council of State refers to the EU Court of Justice for a preliminary ruling in a case regarding an agreement to artificially differentiate competing drugs (Roche / Novartis)
BonelliErede (Rome)
Italy 41 contributions 54309 visits
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Max Planck Institute for Innovation and Competition (Munich)
Italy 11 contributions 4581 visits
By its decision of 11 March 2016 , the Italian Administrative Court of Last Instance (“Council of State”) referred to the European Court of Justice certain preliminary questions raised by Novartis and Roche in the appeals brought against the judgment of the Administrative Court of First (...)

The Australian High Court decides to hear the Competition Authority’s appeal in price-fixing case against a travel agent (Flight Centre)
Australian Competition and Consumer Commission (Sydney)
Australia 9 contributions 887 visits
The High Court has granted the ACCC special leave to appeal the Full Court of the Federal Court’s decision in Flight Centre Limited v Australian Competition and Consumer Commission [2015] FCAFC 104. This case concerns ACCC allegations that Flight Centre (a travel agent) attempted to induce (...)

The German Competition Authority fines a railway company for participating in a cartel (Vossloh Laeis)
German Competition Authority (Bonn)
Germany 458 contributions 117225 visits
Bundeskartellamt concludes "rail case" with fine imposed on Vossloh Laeis* The Bundeskartellamt has imposed a fine of just under 3.5 million euros on the company Vossloh Laeis GmbH, Trier. Andreas Mundt, President of the Bundeskartellamt: "During the period from 2001 to 2011 Vossloh Laeis (...)

The District Court of the Hague rules that a trade organisation and an individual company infringed the cartel prohibition by foreclosing the use of a tool to determine the age of a purchaser of alcohol or tobacco (HEM / CBL / Jumbo)
Baker McKenzie (Amsterdam)
Netherlands 3 contributions 6258 visits
On 9 March 2016, the District Court of The Hague ("Court") ruled that Centraal Bureau Levensmiddelenhandel ("CBL") and various Jumbo entities ("Jumbo") infringed Article 6 of the Dutch Competition Act (the cartel prohibition, hereafter "Mw") and are thus jointly and severally liable for (...)

The Brazilian Superior Court of Justice limits the confidentiality of the Brazilian Competition Authority’s leniency agreements (Εlectrolux)
DLA Piper (New York)
United States 5 contributions 2148 visits
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Mattos Filho (Sao Paulo)
Brazil 4 contributions 1964 visits
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Carrilho Donas Gumaraes e Falek Advocacia (Brasilia)
Brazil 1 contribution 600 visits
The Brazilian Superior Court of Justice (“STJ”) has issued a ruling that seeks to limit the confidentiality of leniency agreements entered into with the Brazilian antitrust authority (“CADE”). Pursuant to the ruling, third parties may have access to such agreements and related materials (...)

The Estonian Competition Authority accepts supplements to the commitments that had been submitted during a past investigation after an acquisition involving the parties to the said antitrust proceedings (G4S)
Cobalt Legal (Tallinn)
Estonia 11 contributions 283 visits
The Estonian Competition Authority accepts supplements to the earlier G4S commitments concerning cash transportation In December 2014, the Estonian Competition Authority (Authority) terminated the supervisory proceedings against the provider of cash transportation and processing services G4S (...)

The Romanian High Court of Cassation and Justice reviews the application filed by the Competition Authority following the decision of the EU Court of Justice on the anti-competitive object of agreements to share clients (Eureko)
Romanian Competition Council (Bucharest)
Romania 2 contributions 548 visits
On 7 September 2010, Consiliul Concurentei din Romania (Romania Competition Council) adopted Decision no 39 which found that 14 of the 18 companies on the mandatory private pension funds market (second pilar) violated Article 5 alin.(1) lit. c) of the Competition Law no 21/1996 and Article 81 (...)

The Indian Competition Appellate Tribunal asks the Competition Authority to reconsider big-rigging fines issued against 47 manufacturers (ECP / SKN / IOCL India Oil)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43260 visits
Competition Appellate Tribunal (COMPAT) directs Competition Commission of India (CCI) to reconsider penalties imposed on LPG manufacturers* COMPAT by its order dated March 1, 2016 has directed CCI to reconsider penalties imposed on the 47 LPG manufactures for bigrigging in procurement of (...)

Unilateral Practices

 The Croatian Competition Authority accepts commitments proposed by an undertaking suspected to abuse of dominance in the newspapers market (Tisak)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20022 visits
Tisak reviews the commission rates in newspapers sales* The Croatian Competition Agency (CCA) accepted the committments of the undertaking Tisak with the view to eliminating possible anticompetitive effects in the commission sales of newspapers in the proceedings that has been carried out by (...)

The Montenegrin Competition Authority finds an abuse of dominance by local water supply company (DOO Vodovod I kanalizacija)
BDK (Podgorica)
Montenegro 17 contributions 1514 visits
In a decision adopted on 24 March 2016, the Montenegrin Agency for Protection of Competition (“Agency“) found that the local water supply company from Budva “DOO Vodovod i kanalizacija” abused its dominant position on the market for water supply and waste water treatment and conduct on the (...)

The UK Competition Authority issues a provisional decision on remedies to increase competition in the private healthcare market (HCA)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA’s private healthcare provisional decision on remedies* The CMA has provisionally found that likely changes in London’s private healthcare market mean that extra remedies would not be proportionate. In April 2012, the Competition Commission, a predecessor body of the Competition and (...)

The Chinese Supreme People’s Court dismisses an application to re-try a case in Shaanxi involving taxis and exclusive dealing (Taxi case)
University of Melbourne
Australia 103 contributions 29863 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26814 visits
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Hogan Lovells (Beijing)
China 81 contributions 21117 visits
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On 17 March 2016, the Supreme People’s Court (SPC) released its decision to dismiss an application to re-try a case in Shaanxi involving taxis and exclusive dealing. In that case, two private local taxi companies sued three other local taxi companies for exclusive dealing. The SPC made its (...)

The UK Competition Appeal Tribunal issues a settlement decision to conclude a "fast track" stand alone damages claim against a supermarket for land use restrictions (Shadhid / Tesco)
Osborne Clarke (London)
United Kingdom 28 contributions 899 visits
Brief summary of facts In 1997, the claimants sold land to Tesco. Under the transfer agreement, the land retained by the claimants was subject to a covenant "not to use or permit any of the Retained Land to be used for the sale of food convenience goods or pharmacy products". The (...)

The Turkish Competition Authority concludes that a turnover rebate system does not constitute an abuse of dominance in the fuel wholesale market (Tüpraş / Ader)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84411 visits
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Turkey 10 contributions 4617 visits
This case note analyses the Turkish Competition Board’s (“Board”) TÜPRAŞ decision of 16.03.2016, No. 16-10/159-70. The Board reviewed the allegations of abuse put forward by Akaryakıt Ana Dağıtım Şirketleri Derneği (“ADER”) against Türkiye Petrol Rafinerileri A.Ş. (“TÜPRAŞ”). TÜPRAŞ allegedly (...)

The Indian Competition Authority opens investigation into abuse of dominance by national athletics association (Department of Sports / Athletics Federation of India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43260 visits
CCI directs investigation against Athletics Federation of India (AFI) for abuse of dominance* CCI by its order dated March 16, 2016 has ordered detailed investigation against AFI for restricting organisation of marathons without permission for AFI. The case has been referred by the (...)

The US Court of Appeals for the Ninth Circuit provides a framework for parties seeking to plead and prove antitrust claims arising out of aftermarket issues (Aerotec / Honeywell)
Hausfeld (Washington)
United States 7 contributions 1040 visits
In September, the Ninth Circuit issued an opinion in Aerotec Int’l v. Honeywell Int’l that it dubbed “an antitrust primer for aftermarket issues,” in a case alleging a broad spectrum of aftermarket-related claims. No. 14-15562, slip op. (9th Cir. Sept. 9, 2016). The Aerotec opinion, authored (...)

The Moscow Arbitration Court confirms the Competition Authority’s decision and prescription concerning the operating systems for smartphones (Google)
Russian Federal Antimonopoly Service (Moscow)
France 1 contribution 491 visits
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Russian Federal Antimonopoly Service (Moscow)
France 1 contribution 491 visits
In March 2016, the Moscow Arbitration Court expressed its support of the position of the Federal Antimonopoly Service (FAS Russia) on the case of abuse of dominance by the Google group of companies involving its actions on the Android operation system. The decision of FAS Russia was taken as (...)

The Indian Competition Appellate Tribunal upholds the Competition Authority’s decision and clarifies requirements for an interim injunction (Fast Track Call Cab / ANI Technologies / OLA Cabs)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43260 visits
COMPAT refuses interim relief to Fast Track Call Cabs in ongoing investigation against Ola for predatory pricing in radio taxi services in Bengaluru* COMPAT by its order dated March 9, 2016 has upheld the CCI order dated September 3, 2015 refusing to grant interim injunction against (...)

The German Competition Authority opens a proceeding against a social network company suspected to have abused its dominance by infringing data protection rules (Facebook)
German Competition Authority (Bonn)
Germany 458 contributions 117225 visits
Bundeskartellamt initiates proceeding against Facebook on suspicion of having abused its market power by infringing data protection rules* The Bundeskartellamt has initiated a proceeding against Facebook Inc., USA, the Irish subsidiary of the company and Facebook Germany GmbH, Hamburg. The (...)

The German Competition Authority initiates proceedings against a social network company regarding potential abuse of dominance (Facebook)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33345 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60744 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 12722 visits
The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to be taking the position that, as a firm with a possibly dominant position, (...)

The German Competition Authority initiates proceedings in the social network market on potential abuse of dominance (Facebook)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67217 visits
According to a press release issued by the German Federal Cartel Office (“FCO”) on 2 March 2016, proceedings have been initiated against Facebook Inc. as well as the Irish and German subsidiaries of Facebook. The FCO will investigate whether Facebook’s terms of service relating to the use of (...)

The Indian Competition Appellate Tribunal refers the case back to the Competition Authority for investigation and clarifies that governmental health office constitutes an "enterprise" under the Competition Act (Biswanath Prasad Singh / DGHS Director General of Health Services)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43260 visits
COMPAT directs re-consideration of matter against Director General of Health Services & Others* COMPAT by its order dated March 1, 2016 has set-aside the decision of CCI whereby CCI has refused to order investigation against the Director General Health Services (DGHS) for discriminating (...)

Mergers

 The EU Commission opens an in-depth investigation pertaining to a joint venture in the Italian telecommunications market (Hutchison / VimpelCom)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945524 visits
Mergers: Commission opens in-depth investigation into proposed Hutchison/VimpelCom joint venture in Italy* The European Commission has opened an in-depth investigation to assess whether the proposed joint venture between the telecommunications activities of Hutchison and VimpelCom in Italy (...)

The Canadian Competition Authority greenlights an acquisition of petrol stations subject to divestment commitments and behavioural remedies that would prevent increases to the combination’s margins (Parkland / Pioneer Energy)
Fasken Martineau DuMoulin (Toronto)
Canada 26 contributions 641 visits
In an unprecedented move in Canadian competition litigation, the Competition Bureau and Parkland Fuel Corporation (“Parkland”) reached a consent agreement through mediation on March 29, 2016. The dispute—which was founded on the Commissioner of Competition’s (“Commissioner”) concerns that (...)

The German Competition Authority approves a merger between two central banks in the cooperative banking sector (DZ Bank / WGZ Bank)
German Competition Authority (Bonn)
Germany 458 contributions 117225 visits
Bundeskartellamt clears merger of the two central banks in the German cooperative banking sector* The Bundeskartellamt has cleared the merger of the two central banks in the German cooperative banking sector, DZ BANK AG (Frankfurt) and WGZ BANK AG (Düsseldorf). The cooperative banks are (...)

The Belgian Competition Authority clears a merger subject to remedies in the market of multiplex cinemas (Kinepolis / Utopolis)
Belgian Competition Authority (Brussels)
Belgium 122 contributions 24514 visits
THE BELGIAN COMPETITION AUTHORITY (BCA) HAS APPROVED WITH REMEDIES THE ACQUISITION BY KINEPOLIS OF TWO OF THE FOUR MULTIPLEX CINEMAS OF UTOPOLIS The Competition College of the Belgian Competition Authority has approved on 25 March 2016 the acquisition by Kinepolis of two of the four Utopolis (...)

The French Competition Authority opens an in-depth investigation regarding a merger on the market of retail of cultural and electronic products (Fnac / Darty)
French Competition Authority (Paris)
France 748 contributions 411275 visits
THE AUTORITÉ DE LA CONCURRENCE IS OPENING A PHASE 2 EXAMINATION OF THE ACQUISITION OF THE DARTY COMPANY BY THE FNAC GROUP* On 17 February 2016, the Fnac group notified the Autorité of its proposed acquisition of the Darty company. Under its examination of the case, and following an initial (...)

The EU Commission clears a merger subject to remedies in the retail and wholesale fuels markets (Statoil Fuel / Shell)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945524 visits
Mergers: Commission approves Statoil Fuel and Retail’s takeover of Shell’s Dansk Fuels, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Shell’s Danish retail and wholesale fuels business, Dansk Fuels, by Alimentation (...)

The Dutch Competition Authority fines four cold-storage firms for their personal involvement in anticompetitive arrangements (Eimskip / Kloosbeheer / Samskip / H&S Coldstores)
Norton Rose Fulbright (Brussels)
Belgium 38 contributions 7544 visits
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Norton Rose Fulbright (Brussels)
Belgium 20 contributions 5699 visits
DUTCH COMPETITION AUTHORITY FINES COLD-STORAGE COMPANIES FOR EXCHANGE OF INFORMATION IN THE CONTEXT OF MERGER TALKS* On 23 March 2016, the Netherlands Authority for Consumers and Markets (ACM) announced that it had fined four cold-storage firms for having put in place anticompetitive (...)

The Ukrainian Parliament adopts new merger control rules
Asters (Kiev)
Ukraine 10 contributions 2617 visits
On 18 March 2016, a law amending the Ukrainian merger control rules was published. It becomes effective on 18 May 2016 – in 2 months following its publication. I. Key takeaways: Below are the main changes: (i) improvement of notifiability thresholds; (ii) removal of market share-based (...)

The Belgian Competition Authority clears a merger, subject to remedies, in the food retail market (Ahold / Delhaize)
Belgian Competition Authority (Brussels)
Belgium 122 contributions 24514 visits
THE COMPETITION COLLEGE OF THE BCA HAS AUTHORISED THE MERGER OF AHOLD AND DELHAIZE WITH REMEDIES* The Competition College of the Belgian Competition Authority has authorised on the 15th of March 2016 the merger of Delhaize SA and Royal Ahold NV with the remedies proposed by the parties. (...)

The Belgian Competition Authority approves acquisition subject to remedies in the food retail market (Delhaize / Ahold)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72774 visits
On 15 March 2016, the Competition College of the Belgian Competition Authority (“BCA”) approved the acquisition of Delhaize Group by Ahold, subject to a number of conditions. Delhaize (Belgium) and Ahold (The Netherlands) are two major food retailers active in their home countries as well as (...)

The EU Commission clears a merger, subject to remedies, in the pharmaceutical market (Teva / Allergan Generics)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945524 visits
MERGERS: COMMISSION APPROVES ACQUISITION OF ALLERGAN GENERICS BY TEVA, SUBJECT TO CONDITIONS The European Commission has approved under the EU Merger Regulation the proposed acquisition of the generics business of Allergan of Ireland, by Teva of Israel, subject to conditions. Both companies (...)

The EU Competition Commissioner Margrethe Vestager discusses the possible ways in which the EU merger control system could be refined
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72774 visits
In a speech delivered in Brussels on 10 March 2016, EU Competition Commissioner Margrethe Vestager discussed possible ways in which the EU merger control system could be refined. She addressed three main topics. First, Ms Vestager said it should be examined as to whether the EU notification (...)

The EU Commission clears acquisition of a fourth largest global manufacturer of generic medicines by the largest global competitor, subject to complex remedies and monitoring, including addressing concerns about vertical relationships between parties for the first time in a generics merger (Teva / Allergan Generics)
European Commission - DG COMP (Brussels)
Belgium 5 contributions 2849 visits
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URBAN STEINECKER GAŠPEREC BOŠANSKÝ (Bratislava)
Slovakia 1 contribution 335 visits
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Sciences Po Paris
France 5 contributions 1756 visits
Teva/Allergan Generics: An unprecedented generics merger* In a nutshell While the Commission has had significant experience dealing with mergers in the generic medicines industry, the sheer scale of Teva/Allergan Generics, combining two of the top four players globally, posed a number of (...)

The Indian Government publishes notifications enhancing the existing jurisdictional thresholds in the merger control regime amending the existing exemptions
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18889 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19848 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 67 contributions 20124 visits
The Indian merger control regime under the Competition Act, 2002 (Competition Act) has been in force for nearly five years. The provisions of the Competition Act are to be read together with the notifications issued, from time to time, by the Ministry of Corporate Affairs, Government of India (...)

The Indian Government revises the merger control thresholds valid for the period covering 2016 to 2021
Shardul Amarchand Mangaldas (Mumbai)
India 70 contributions 20140 visits
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Economic Laws Practice (Mumbai)
India 12 contributions 2937 visits
Introduction The Government of India, through the Ministry of Corporate Affairs (“MCA”), by way of a notification, has revised the merger control thresholds under the Competition Act, 2002 (“Act”) on March 04, 2016, valid for a period of 5 (five) years, ending on March 04, 2021 (...)

State Aid

 The EU General Court overturns a Commission decision finding Slovakian aid incompatible, holding that the Commission must consider the private investor test even where it has not been raised by the member state (Frucona Košice)
Maastricht University (Maastricht)
Belgium 357 contributions 67229 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 upholds the General Court’s finding that Greek compensation payments made to farmers are incompatible State aid which must be recovered (Greece / Commission)
Maastricht University (Maastricht)
Belgium 357 contributions 67229 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 Commission clears a State aid relating to transport of natural gas from Azerbaijan to Italy through the Trans-Adriatic Pipeline (TAP)
Prentoulis Gerakini Law Partnership (Athens)
Greece 6 contributions 2542 visits
By virtue of decision No.43879 (3rd March 2016), the European Commission granted state aid clearance for the Host Government Agreement between Greece and the Trans Adriatic Pipeline (TAP) relating to the transport of natural gas from Azerbaijan to Italy, through Greece and Albania. In (...)

Procedures

 The German Regional Court of Berlin refers the extradition of an Italian citizen from Germany to the United States for cartel charges to the EU Court of Justice to rule on whether Member State extradition can violate the principle of non-discrimination under EU law (Romano Pisciotti)
European Commission - DG COMP (Brussels)
Belgium 6 contributions 7100 visits
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Hogan Lovells (Munich)
Germany 65 contributions 25613 visits
On 18 March 2016, the Regional Court of Berlin (RC Berlin) in Romano Pisciotti v. Federal Republic of Germany referred four questions to the European Court of Justice to seek guidance on whether Mr Pisciotti could argue that he had suffered discrimination and claim compensation from the German (...)

The German Regional Court of Berlin refers to questions on extradition discrimination to the EU Court of Justice in the case of the first business executive extradited to the USA on cartel charges (Romano Pisciotti)
Norton Rose Fulbright (Brussels)
Belgium 38 contributions 7544 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 20 contributions 8010 visits
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Crowell & Moring (Washington)
United States 17 contributions 2616 visits
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CJEU TO RULE ON EXTRADITION OF EU CITIZENS IN CRIMINAL ANTITRUST PROCEEDINGS The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of (...)

The Japanese FTC and the EU Commission announce their intention to upgrade the current antitrust co-operation agreement between Japan and the EU
Norton Rose Fulbright (Brussels)
Belgium 20 contributions 5699 visits
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Norton Rose Fulbright (Brussels)
Belgium 38 contributions 7544 visits
ENHANCED SHARING OF ANTITRUST EVIDENCE: NEW EU/JAPAN COOPERATION AGREEMENT* On 15 March 2016, the Japan Fair Trade Commission (JFTC) and the European Commission (Commission) announced their intention to upgrade the current antitrust co-operation agreement between Japan and the European (...)

The Chinese competition agencies and the EU Commission hold seminars for the 12th EU-China Competition Policy Week in Beijing
University of Melbourne
Australia 103 contributions 29863 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26814 visits
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Hogan Lovells (Beijing)
China 81 contributions 21117 visits
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During the week of 14 March 2016, the Chinese competition agencies and the Directorate-General for Competition of the European Commission (DG Comp) held seminars for the 12th EU-China Competition Policy Week in Beijing. On 14–15 March 2016, the NDRC Price Supervision and Anti-Monopoly Bureau (...)

The EU Court of Justice requires the Commission to provide adequate reasons for its requests for information from cement manufacturers during the course of a cartel investigation (Cement Case)
UK Competition & Markets Authority - CMA (London)
United Kingdom 20 contributions 8010 visits
THE EUROPEAN COURT OF JUSTICE REQUIRES THE EUROPEAN COMMISSION TO PROVIDE ADEQUATE REASONS FOR ITS REQUESTS FOR INFORMATION* On March 10, 2016, the Court of Justice of the European Union (CJEU) rendered its judgment in the so-called Cement case, (C-247/14 P HeidelbergCement v Commission, (...)

The Hellenic Competition Authority updates its point system regarding the quantification of the criteria used in the prioritization of cases investigated
Hellenic Competition Commission (Athens)
Greece 132 contributions 18632 visits
Quantification of the criteria used in the prioritization of cases investigated by the Directorate-General for Competition by means of an updated “Point System”* By its unanimous Decision No. 616/2015 (as published in the Official Journal No. 585/ B’/4.3.2016) the Hellenic Competition (...)

The EU Court of Justice reinforces safeguards concerning EU Commission’s requests for information (Cement Case)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47656 visits
On 10 March 2016, the Court of Justice of the European Union (“ECJ”) annulled on appeal a series of European Commission decisions requiring several cement manufacturers to supply information within the context of a cartel probe in the cement sector (the “Contested Decisions”). The ECJ held (...)

The EU Court of Justice annuls a decision of the Commission requesting information on the ground that the decision did not sufficiently explain why the information requested was necessary (Italmobiliare, Schwenk Zement, HeidelbergCement and Buzzi Unicem)
White & Case (Brussels)
Belgium 57 contributions 58486 visits
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White & Case (Brussels)
Belgique 50 contributions 38789 visites
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McDermott Will & Emery (Brussels)
Belgium 19 contributions 7807 visits
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Introduction On 10 March 2016, the European Court of Justice issued a landmark ruling annulling European Commission decisions requesting information from cement manufacturers, on the ground that the decisions did not sufficiently explain why the information requested was necessary . This (...)

The High Court of Delhi clarifies jurisdictional validity of the Indian Competition Authority over investigations concerning unfair royalty structures charged by telecommunication company (Telefonaktiebolaget Ericsson)
IndusLaw (Delhi)
3 contributions 716 visits
Competition Commission of India (CCI) on the basis of information produced, ordered an investigation over the unfair royalty structures being charged by Ericsson. The jurisdictional validity of this investigation was challenged by Ericsson in the case of Telefonaktiebolaget LM Ericsson v CCI (...)

The Belgian Competition Authority adopts new leniency guidelines
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47656 visits
On 1 March 2016, the board of the Belgian Competition Authority (“BCA”) adopted new guidelines concerning the leniency regime under Belgian competition law. These new leniency guidelines re ect a number of developments that have taken place since the adoption of the 2007 guidelines. The BCA (...)

The Belgian Competition Authority adopts new leniency guidelines
Belgian Competition Authority (Brussels)
Belgium 122 contributions 24514 visits
The Belgian Competition Authority adopts new leniency guidelines* The board of the Belgian Competition Authority (BCA) has adopted new leniency guidelines on March 1 st,2016. These leniency guidelines replace the 2007 notice of the Competition Council on immunity from fines and reduction of (...)

The Belgian Competition Authority adopts new leniency guidelines which opens the door to individual applicants
Antwerp University
Belgium 6 contributions 7297 visits
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King & Spalding (Brussels)
Belgium 8 contributions 1645 visits
New Belgian Leniency Guidelines Open Door to Individual Applicants* On 1 March 2016, the Belgian Competition Authority (“BCA”) adopted its new Leniency Guidelines (“the 2016 Leniency Guidelines”). The 2016 Leniency Guidelines replace the 2007 Notice of the Competition Council on Immunity (...)

Regulatory

 The Croatian Competition Authority issues an opinion on favourable energy contracts granted solely to members of a professional association (HEP)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20022 visits
CCA opinion on favourable energy contracts* The Croatian Competition Agency (CCA) gave its opinion to the request received by the Croatian Chamber of Trades and Crafts regarding the intention of entering into a framework agreement with HEP-Opskrba (HEP Electricity Supplier) on the basis of (...)

The French Competition Authority launches a public consultation in the context of the drafting of an opinion on the freedom of establishment of counsel positions at the French Administrative Supreme Court and French Supreme Court
French Competition Authority (Paris)
France 748 contributions 411275 visits
Counsels at the French Administrative Supreme Court (Conseil d’Etat)and the French Supreme Court (Cour de cassation)* In application of the "Macron law", the Autorité de la concurrence is launching a public consultation in the context of the drafting of an opinion on the freedom of (...)