March 2017

General antitrust

 The EU Commission adopts a new anonymous whistleblower tool
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607832 visits
Antitrust: Commission introduces new anonymous whistleblower tool* A new tool to make it easier for individuals to alert the Commission about secret cartels and other antitrust violations while maintaining their anonymity has been launched by the European Commission today. Individuals can now (...)

The EU Commission introduces a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis
Jones Day (Brussels)
Belgium 16 contributions 8324 visits
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DLA Piper (London)
United Kingdom 28 contributions 11193 visits
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Jones Day (Brussels)
Belgium 42 contributions 17648 visits
In Short The Situation: The European Commission has launched a new tool that will allow individuals to anonymously report anticompetitive conduct for the first time. The Impact: The Commission’s new access to anonymous inside information could increase the risk of exposure for companies (...)

The French Government implements the damages directive by way of an order which establishes a specific civil liability regime to facilitate the recovery of damages suffered by victims of anti-competitive practices
Freshfields Bruckhaus Deringer (Paris)
France 1 contribution 172 visits
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Freshfields Bruckhaus Deringer (Paris)
France 77 contributions 296596 visits
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Fiducial Legal by Lamy
France 17 contributions 63626 visits
The French Government has just implemented the Damages Directive by way of order No. 2017 -303 (the Order). The Order establishes a specific civil liability regime to facilitate the recovery of damages suffered by victims of anti-competitive practices. In a nutshell, what are the main (...)

The UK Government announces its plan to support digital Britain post-Brexit aimed at improving living standards and economic growth
Ashurst (London)
United Kingdom 1 contribution 48 visits
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Ashurst (London)
United Kingdom 2 contributions 744 visits
Last week, the Secretary of State for Culture, Media and Sport, Karen Bradley MP, announced the Government’s plans to support a digital Britain post-Brexit (click here to see the UK Digital Strategy). The strategy is aimed at improving living standards and economic growth by "increasing (...)

Anticompetitive practices

 The Hellenic Competition Authority decides that five wholesalers agreed to fix the retail price range in the luxury cosmetics sector (Notos)
Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1853 visits
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Kyriakides Georgopoulos (Athens)
Greece 28 contributions 781 visits
Horizontal concertation between wholesalers of luxury cosmetics & the ‘vertical manifestation’ (HCC 646/2017) In a decision in plenum dated April 6th 2017, issued almost eleven years after the termination of the alleged violation, the HCC resolved that five wholesalers of luxury cosmetics (...)

The German Federal Council adopts an amendment to Act against restraints of competition
Jones Day (Frankfurt)
Germany 13 contributions 3381 visits
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Morgan Lewis (Frankfurt)
Germany 7 contributions 2781 visits
Key changes triggered by the amendment relate to a company’s liability for cartel infringements, the introduction of a transaction value test into merger control, private enforcement through the implementation of the EU Cartel Damages Directive, the assessment of market power in multilateral (...)

The German Federal Council votes in favour of passing the ninth amendment to the Act against restraints of competition
Latham & Watkins (Brussels)
Belgium 4 contributions 693 visits
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Baker McKenzie (Brussels)
Belgium 1 contribution 240 visits
Update on the 9th ARC Revision On 31 March 2017, the German Federal Council (Bundesrat) has voted in favour of passing the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). According to the 31 March plenary report, the draft law is now (...)

The UK Competition Appeal Tribunal allows the first class action brought under the competition law collective redress regime and continues providing some clarifications on important aspects of the regime (Dorothy Gibson / Pride Mobility Products)
Herbert Smith Freehills (Brussels)
Belgium 11 contributions 2763 visits
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Herbert Smith Freehills (London)
United Kingdom 43 contributions 8214 visits
Already, 2017 has seen significant developments in the UK’s competition litigation landscape. Most recently, last Friday the Competition Appeal Tribunal (CAT) allowed the first ’class action’ brought under the new competition law collective redress regime to continue, at least for now, providing (...)

The UK Competition Appeal Tribunal hands down its first-class certification for entering into agreements and concerted practices aimed at prohibiting the online advertising of certain models of mobility scooter (Dorothy Gibson / Pride Mobility Products)
Covington & Burling (Brussels)
Belgium 46 contributions 16416 visits
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Covington & Burling (Brussels)
Belgium 28 contributions 12116 visits
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Covington & Burling (London)
United Kingdom 6 contributions 1318 visits
The UK’s Competition Appeal Tribunal (the “CAT”) has handed down its first class certification judgment in relation to the class actions regime introduced by the Consumer Rights Act 2015 (the “Act”). The result? The hearing has been adjourned, with the proposed representative allowed to file and (...)

The UK Competition Appeal Tribunal hands down its first-class certification judgment on concerted practices in the mobility scooter sector (Dorothy Gibson / Pride Mobility Products)
Covington & Burling (Brussels)
Belgium 46 contributions 16416 visits
After a wait of nearly 15 months from the introduction of class actions in the UK for antitrust damages claims, the first class certification hearing took place before the UK’s Competition Appeal Tribunal (the “CAT”) between December 12 and 14. Having heard argument, the CAT is considering (...)

The UK Competition Authority publishes preliminary findings on price comparison websites
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 38 contributions 34049 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 23 contributions 6894 visits
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Latham & Watkins (Brussels)
Belgium 10 contributions 12525 visits
In September 2016, the Competition and Markets Authority (“CMA”) launched a Market Study into digital comparison tools (“DCTs”). On March 28, 2017, the CMA published an update on the Market Study setting out its preliminary findings and areas of focus for the second part of the Market Study. The (...)

The Bulgarian Competition Authority approves commitments by oil companies suspected of cartel activities (Lukoil Bulgaria / Eco Bulgaria / Shell Bulgaria / OMV Bulgaria / NIS PETROL)
Tsvetkova Bebov Komarevski (Sofia)
10 contributions 4008 visits
The Bulgarian Commission for Protection of Competition has approved commitments by oil companies suspected of cartel activities* On 28.03.2017, the Bulgarian Commission for Protection of Competition (the “Bulgarian Commission”) approved commitments by the leading Bulgarian oil companies Lukoil (...)

The EU Commission proposes new rules to enable national competition authorities to be more effective enforcers of EU antitrust rules
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607832 visits
Antitrust: Commission proposal to make national competition authorities even more effective enforcers for the benefit of jobs and growth* The European Commission has proposed new rules to enable Member States’ competition authorities to be more effective enforcers of EU antitrust rules. The (...)

The Belgian Competition Authority fines an undertaking for resale price maintenance in the fresh bakers’ yeast market (Algist Bruggeman)
Belgian Competition Authority (Brussels)
Belgium 89 contributions 20558 visits
The Belgian Competition Authority fines Algist Bruggeman 5.489.000 euros for resale price maintenance and impeding low priced competitors regarding fresh bakers’ yeast* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) fines Algist Bruggeman nv and her mother (...)

The Belgian Competition Authority fines a leading yeast producer and three parent companies for several infringements of Articles 101 and 102 TFEU (Algist Bruggeman)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54620 visits
On 22 March 2017, the Belgian Competition Authority (“BCA”) imposed a fine amounting to € 5,489,000 on leading yeast producer Algist Bruggeman NV (“AB”), and three parent companies, for several infringements of Articles 101 and 102 of the Treaty on the Functioning of the European Union (“TFEU”) and (...)

The Hellenic Competition Authority decides that the public procurement procedure had been rigged through cover bidding and bid suppression by companies in the construction sector (Pella)
Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1853 visits
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Kyriakides Georgopoulos (Athens)
Greece 28 contributions 781 visits
Bid-rigging in a local construction tender in Pella (HCC 644/2017) The HCC’s focus on bid-rigging in tenders for infrastructure works extended to a smaller tender of local interest which led again to the imposition of considerably smaller, yet still noteworthy, fines. In November 2010, in the (...)

The EU Commission adopts a new decision and fines air cargo carriers (Airfreight cartel)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607832 visits
Antitrust: Commission re-adopts decision and fines air cargo carriers €776 million for price-fixing cartel* The European Commission has re-adopted a cartel decision against 11 air cargo carriers and imposed a fine totalling € 776 465 000 for operating a price–fixing cartel. The Commission’s (...)

The German Competition Authority issues an interim report on conditions for the supply of raw milk
German Competition Authority (Bonn)
Germany 427 contributions 107888 visits
Interim report on conditions for the supply of raw milk* The Bundeskartellamt has today published an interim report on its administrative proceeding concerning conditions of supply for raw milk. In the report the authority presents key results of its investigations so far and offers initial (...)

The EU Commission fines six suppliers of car air conditioning and engine cooling €155 million in cartel settlement (Behr / Calsonic / Denso / Panasonic / Sanden / Valeo)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607832 visits
Antitrust: Commission fines six car air conditioning and engine cooling suppliers € 155 million in cartel settlement* The European Commission has fined Behr, Calsonic, Denso, Panasonic, Sanden and Valeo a total of € 155 million for taking part in one or more of four cartels concerning supplies (...)

The EU Commission fines six undertakings that supplied air conditioning and engine cooling components to car manufacturers (Behr / Calsonic / Denso / Panasonic / Sanden / Valeo)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 89839 visits
On 8 March 2017, the European Commission announced that it had imposed fines under the cartel settlement procedure totalling € 155 million on six companies that supplied air conditioning and engine cooling components to car manufacturers. The companies involved, Behr, Calsonic, Denso, Panasonic, (...)

The Egyptian Competition Authority issues its first bid-rigging cartel decision (Heart and chest surgeries cartel)
Helmy, Hamza & Partners (Baker McKenzie Cairo)
Egypt 1 contribution 313 visits
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Helmy, Hamza & Partners (Baker McKenzie Cairo)
Egypt 2 contributions 338 visits
On 7 March 2017, the Egyptian Competition Authority (ECA) issued its first bid-rigging cartel decision. The cartel involved seven of the biggest suppliers in Egypt of heart and chest valves and antioxidants for heart and chest surgeries, and related to public tenders for governmental and (...)

The EU Commission carries out unannounced inspections in the sector of kraft paper and industrial paper sacks
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607832 visits
Antitrust: Commission confirms unannounced inspections in sector of kraft paper and industrial paper sacks* The European Commission can confirm that on 7 March 2017 its officials carried out unannounced inspections at the premises of several companies active in the sector of kraft paper and (...)

The UK Competition Authority alleges that two pharmaceutical companies have concluded a pay-for-delay agreement (Actavis / Concordia)
UK Competition & Markets Authority - CMA (London)
United Kingdom 351 contributions 88313 visits
CMA alleges anti-competitive agreements for hydrocortisone tablets* The CMA today alleged that Concordia and Actavis signed illegal agreements which enabled high prices for a life-saving drug to be prolonged. The Competition and Markets Authority (CMA) alleges that between January 2013 and (...)

The Indian Competition Authority finds a professional pharmaceutical association guilty of anticompetitive conduct but refrains from imposing a fine because the association has already recently been fined for similar conduct (Karnataka Chemists and Druggists Association)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40464 visits
CCI finds Karnataka Chemist and Druggists Association (KCDA) in violation of Section 3(3) of the Act* CCI by its order dated March 2, 2017 has found that KCDA violated Section 3(3) of the Act. Being prima-facie satisfied by the information filed, the CCI ordered investigation into the matter. (...)

The Cypriot Competition Authority imposes €31M fine on nine commercial banks for anticompetitive practices (JCC)
Trojan Economics (Nicosia)
Cyprus 11 contributions 2133 visits
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Stephanie Theodotou Lawyer (Cyprus)
9 contributions 1508 visits
On 27/01/2016 the Cyprus Commission for the Protection of Competition (“CPC”) ended its investigation against eight commercial banks (Bank of Cyprus Public Company Ltd (“BOC”), Marfin Popular Bank Public Co Ltd (“Marfin”), Hellenic Bank Ltd (“Hellenic Bank”), Alpha Bank Cyprus Ltd (“Alpha Bank”), (...)

Unilateral Practices

 The Italian Competition Authority accepts commitments from a collecting society in an abuse of dominance investigation (Nuovoimaie)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64585 visits
On 22 March 2017, the Italian Competition Authority (“ICA”) accepted commitments from the copyright-collecting society NUOVOIMAIE (“NI”) aimed at addressing ICA’s concerns that NI had abused its dominant position on the Italian market for management and intermediation services in the audio-visual (...)

The Belgian Competition Authority fines the country’s largest yeast producer for resale price maintenance and abuse of dominance (Algist Bruggeman)
Latham & Watkins (Brussels)
Belgium 12 contributions 4484 visits
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Liège University
Belgium 1 contribution 566 visits
I. The Parties Algist Bruggeman NV (‘Algist’) is the largest supplier of yeast products in Belgium. Algist markets itself as a producer of high quality yeast products with a corresponding price positioning. II. The Facts In January 2013, the BCA opened an ex officio investigation after an (...)

The French Competition Authority fines an energy company €100M for abuse of dominance on the retail gas supply market (ENGIE)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64585 visits
On 22 March 2017, the French Competition Authority (“FCA”) fined ENGIE (formerly known as GDF-Suez) € 100 million for abusing its dominant position on the retail gas supply market by using the customer database and business infrastructure it inherited from its former monopoly status in order to (...)

The French Competition Authority imposes a fine totalling €100M on an energy provider for abuse of dominance (ENGIE)
French Competition Authority (Paris)
France 717 contributions 369325 visits
The Autorité de la concurrence fines ENGIE 100 million euros for abusing its dominant position by using in particular its historical data file to convert its customers on regulated gas tariffs to market-based contracts for gas and electricity.* Furthermore, in another case regarding ENGIE (...)

The Indian Competition Authority opens an investigation for abuse of dominance by a global agricultural company but closes it due to its similarity with other open cases against the same company (Sri Rama Agri Genetics India / Mahyco Monsanto Biotech India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40464 visits
CCI initiates investigation against Mahyco Monsanto Group entities for abuse of dominance* CCI by its order dated March 14, 2017 has initiated an investigation against Mahyco Monsanto Group for abuse of dominance in relation to sub-license agreements through which Bt. technology is (...)

The US Court of Appeals for the Tenth Circuit affirms a lower court’s decision and dismisses the complaint due to difficulties to prove the possessed market power and the adverse effects on competition (Suture Express / Cardinal Health / Owens & Micro)
Amgen (Thousand Oaks)
United States 3 contributions 213 visits
In an antitrust case involving bundled discount on sutures, the United States Court of Appeals for the Tenth Circuit affirmed a lower court decision granting summary judgment in favor of defendants Cardinal Health 200, LLC and Owens & Micro Distribution, Inc. The Tenth Circuit held that (...)

The US District Court of Appeals for the Tenth Circuit rejects claims challenging a medical-surgical distributor’s discount scheme (Suture Express / Cardinal Health / Owens & Micro)
Hausfeld (New York)
United States 12 contributions 2641 visits
Cases in which vertical restraints are challenged under Section 1 of the Sherman Act often require proof that the defendant has “market power”—the power “to force a purchaser to do something that he would not do in a competitive market,” which usually takes the form of a seller’s ability “to raise (...)

The EU Commission launches a market test on an energy company’s commitments relating to the Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64585 visits
On 13 March 2017, the European Commission launched a market test on commitments submitted by Gazprom aimed at addressing concerns over its alleged abuse of dominance on Central and Eastern European gas supply markets. In April 2015, the European Commission announced that it had sent a (...)

The Chinese Administration for Industry and Commerce of Hubei Province decides that a company attained market dominance through multiple contractual arrangements (Xinxing Jingying Pharmaceuticals)
Global Law Office (Beijing)
China 3 contributions 928 visits
From 2015 to 2017, Wuhan Xinxing Jingying Pharmaceuticals, LLC ("Xinxing Pharmaceuticals") monopolized methyl salicylate active pharmaceutical ingredients (APIs) market of China through multiple contractual arrangements. In January 2017, Xinxing Pharmaceuticals was fined RMB2.2 million by the (...)

Mergers

 The EU Commission clears a merger, subject to remedies, on the chemicals market (FMC / Dupont)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607832 visits
MERGERS: COMMISSION CLEARS BOTH FMC’S ACQUISITION OF PARTS OF DUPONT’S CROP PROTECTION BUSINESS AND DUPONT’S ACQUISITION OF FMC’S HEALTH AND NUTRITION BUSINESS* The European Commission has conditionally approved, under the EU Merger Regulation, FMC’s proposed acquisition of parts of DuPont’s crop (...)

The EU Commission blocks attempted merger between the two largest stock exchange operators in Europe, due to their inability to offer remedies that would prevent the creation of a de facto monopoly in the markets for fixed-income clearing (Deutsche Börse / London Stock Exchange)
European Commission - DG COMP (Brussels)
Belgium 1 contribution 300 visits
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European Commission - DG COMP (Brussels)
Belgium 1 contribution 300 visits
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European Parliament (Brussels)
Belgium 1 contribution 300 visits
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DB/LSE - Assessing financial infrastructure markets: Network effects, service portfolios and viability of remedies* In a nutshell: The Commission prohibited the merger between the two largest European financial infrastructure groups, Deutsche Börse and London Stock Exchange, in March 2017. This (...)

The EU Commission issues a decision prohibiting a merger between two stock exchange companies due to the risk of foreclosure in the markets for post-trade services (Deutsche Börse / London Stock Exchange Group)
Compass Lexecon (London)
United Kingdom 4 contributions 7463 visits
Introduction On 29 March 2017, the European Commission issued its decision prohibiting the merger between Deutsche Börse AG (“DBAG”) and London Stock Exchange Group (“LSEG”). The Commission was concerned about, inter alia, the risk of foreclosure in the markets for post-trade services. In this (...)

The EU Commission prohibits a merger in the financial markets (Deutsche Börse / London Stock Exchange)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607832 visits
MERGERS: COMMISSION BLOCKS PROPOSED MERGER BETWEEN DEUTSCHE BÖRSE AND LONDON STOCK EXCHANGE * The European Commission has prohibited the proposed merger between Deutsche Börse AG and London Stock Exchange Group under the EU Merger Regulation. The Commission’s investigation concluded the merger (...)

The EU Commission clears a merger between two US chemical companies (Dow/DuPont)
University of Vienna
Austria 1 contribution 164 visits
Dow/DuPont merger cleared by EU Commission* On March 27, 2017 the EU Commission cleared the merger of two U.S. chemical companies – The Dow Chemical Company (Dow) and E.I. du Pont de Nemours and Company (DuPont) according to the EU Merger Regulation. The Commission opened the investigation (...)

The EU Commission clears merger between two global chemical companies, subject to remedies to ensure price and innovation competition in the markets for pesticides, petrochemicals (Dow / DuPont)
European Commission - DG COMP (Brussels)
Belgium 1 contribution 280 visits
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European Commission - DG COMP (Brussels)
Belgium 1 contribution 280 visits
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European Commission - DG TAXUD (Brussels)
Belgium 4 contributions 1358 visits
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Dow/DuPont: protecting product and innovation competition * In a nutshell: The main concerns arising in the Dow/DuPont merger related to crop protection, on both product and innovation competition. Innovation is of key importance to this industry and the merging parties were two of only five (...)

The EU Commission clears a merger subject to remedies on the market of pesticides (Dow / DuPont)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607832 visits
MERGERS: COMMISSION CLEARS MERGER BETWEEN DOW AND DUPONT, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed merger between US-based chemical companies Dow and DuPont. The approval is conditional in particular on the divestiture of major (...)

The Indian Government revises the method for calculating thresholds for merger control and extends the target exemption to mergers and amalgamations
Vaish Associates Advocates (New Delhi)
India 263 contributions 40464 visits
Central government revises method of calculation of thresholds for merger control and extends target exemption to mergers and amalgamations* The Ministry of Corporate Affairs, through a Gazette notification dated March 27, 2017 has modified the method of calculation of assets and turnover for (...)

The US Supreme Court of Delaware affirms termination of merger agreement due to the inability of a party to deliver a necessary tax opinion (Energy Transfer / Williams)
White & Case (New York)
United States 1 contribution 258 visits
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White & Case (New York)
United States 3 contributions 1121 visits
Resolving a dispute surrounding one of the largest M&A deals of 2015, the Delaware Supreme Court affirmed the Delaware Chancery Court’s decision allowing Energy Transfer Equity, L.P. to terminate its proposed acquisition of The Williams Companies, Inc. due to the inability of Energy (...)

The US FTC clears an acquisition between two companies in the energy sector after they agreed to remedy an overlap for the natural gas pipeline (Enbridge / Spectra)
35 contributions 5538 visits
The Federal Trade Commission (FTC) recently granted US antitrust clearance for Enbridge’s acquisition of Spectra after the parties agreed to behavioral commitments to remedy an overlap for natural gas pipeline transportation from the wellhead in three markets off the coast of Louisiana (Green (...)

The EU Commission clears a merger in the energy sector (LM Wind Power / General Electric)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607832 visits
MERGERS: COMMISSION CLEARS ACQUISITION OF LM WIND POWER HOLDING BY GENERAL ELECTRIC COMPANY* The European Commission has approved unconditionally under the EU Merger Regulation the acquisition of LM Wind Power of Denmark, by General Electric Company of the US. The Commission concluded that the (...)

The German Competition Authority clears a merger in the sanitary wholesale market (Wilhelm Gienger / Cordes & Graefe)
German Competition Authority (Bonn)
Germany 427 contributions 107888 visits
BUNDESKARTELLAMT CLEARS MERGER BETWEEN SANITARY WHOLESALERS* The Bundeskartellamt has cleared the acquisition of the business operations of Wilhelm Gienger GmbH, Stuttgart, by Cordes & Graefe KG, Bremen, after the companies changed their original plans in response to concerns expressed by (...)

The Spanish Competition Authority fines a treatment and disposal of hazardous sanitary waste company for failing to notify an acquisition for antitrust approval (Consenur / Cathisa Medioambiente)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 44494 visits
The NMCC has fined SRL Consenur, S.L.U. (Consenur) for having closed the acquisition of Cathisa Medioambiente, S.L., in August 2015 without having notified nor gained the relevant antitrust approval. The transaction was finally notified on June 2016. According to the Decision, the NMCC and (...)

The EU Commission clears a merger in the energy sector (Gamesa / Siemens)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607832 visits
MERGERS: COMMISSION CLEARS ACQUISITION OF GAMESA BY SIEMENS* The European Commission has cleared unconditionally under the EU Merger Regulation the proposed acquisition of wind turbine manufacturer Gamesa by Siemens. The Commission found that the transaction raises no competition concerns, (...)

The Italian Supreme Court publishes its new provisions for mergers and acquisitions transactions for the application of registration tax
Portolano Cavallo (Milan)
Italy 1 contribution 32 visits
1. Share deal or asset deal: the first decision to make in M&A transactions When approaching a M&A transaction, the decision about the structure shall be the first item on the agenda. Choosing between a share deal or an asset deal depends, in the first instance, on the willingness of (...)

The French Competition Authority fines companies for breaching commitments on fibre optic rollout (Altice / SFR)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70283 visits
On 9 March 2017, the French Competition Authority (“FCA”) fined Altice and SFR Group € 40 million for violating commitments entered into with the FCA at the conclusion of its review of the Altice/SFR merger in October 2014. By way of background, the commitments required Altice/ SFR to honour an (...)

The EU General Court annuls a prohibition merger decision and finds that the Commission had failed to properly communicate the final version of its econometric analysis (UPS / TNT)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70283 visits
On 7 March 2017, the General Court (“GC”) annulled the European Commission’s decision to prohibit UPS’ acquisition of TNT Express under the EU Merger Regulation. By way of background, UPS notified the acquisition of TNT Express to the Commission in June 2012. Following an in-depth Phase II (...)

The EU General Court annuls a Commission decision prohibiting a merger in the parcel delivery sector on due process grounds (UPS / TNT)
White & Case (Brussels)
Belgium 53 contributions 54629 visits
Background On 15 June 2012, the global specialist transport and logistics provider United Parcel Services (“UPS”) notified the European Commission of its proposed acquisition of TNT Express NV (“TNT”) under the EU Merger Regulation. UPS and TNT are both active on international express small (...)

The EU General Court annuls the Commission’s decision to prohibit a merger in the International express package delivery sector (UPS / TNT)
Compass Lexecon (London)
United Kingdom 3 contributions 4252 visits
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CRA International (London)
United Kingdom 3 contributions 1021 visits
The General Court annulled on 7 March 2017 the European Commission’s decision in 2013 to prohibit UPS’ proposed acquisition of TNT. The judgment was much awaited also because of its potential for clarifying the role of efficiencies in merger review. In practice, the Court overturned the decision (...)

The UK Competition Appeals Tribunal upholds a decision to prohibit a merger in the energy and commodities trading sector (Intercontinental Exchange / Trayport)
CRA International (London)
United Kingdom 3 contributions 1021 visits
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Compass Lexecon (London)
United Kingdom 3 contributions 4252 visits
The CAT upheld on 6 March 2017 the CMA’s decision to prohibit ICE’s acquisition of the energy and commodities trading platform Trayport. The CMA’s original decision found that ICE could use ownership of Trayport to foreclose competitors, shifting liquidity to its own exchanges. It was the first (...)

The EU Commission publishes a notice on the notification of the proposed acquisition of an Spanish aircraft company by a UK undertaking (ITP / Rolls-Royce)
McDermott Will & Emery (Paris)
France 120 contributions 61720 visits
On 4 March 2017, the European Commission (Commission) published a notice concerning the notification of the proposed acquisition of the Spanish aircraft company Industria de Turbo Propulsores SA (Spain, ITP), by Rolls-Royce Holdings plc. (UK, Rolls-Royce). Interested third parties, such as (...)

State Aid

 The Austrian Supreme Court holds that the statutory limitation period under Art. 15 Procedural Regulation 659/1999 commences when the aid in question is in fact granted
University of Vienna
Austria 14 contributions 888 visits
Background & Facts of the case In 2002, the plaintiff wanted to establish a technology centre that should provide office space to innovative companies on the territory of the defendant municipality. The aim of this technology centre was to provide innovative companies with office space and (...)

The EU Commission finds that the sale of part of an Austrian bank is not State aid according to the market economy operator test (Kommunalkredit Austria)
Maastricht University
Belgium 321 contributions 56248 visits
Sale of State-Owned Bank* The sale of a public asset is free of State aid when it is open, transparent, non-discriminatory, unconditional and the award is made to the highest binding and credible offer. Introduction The rules on State aid to financial institutions and banks have become very (...)

The EU Commission approves concession agreements in the Greek air sector, finding that they do not constitute State aid (Fraport Regional Airports)
Maastricht University
Belgium 321 contributions 56248 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 rules on the compatibility with State aid rules of Ministerial Orders setting out the feed-in tariffs of electricity produced by power plants using solar radiative energy (Enedis / Axa)
White & Case (Paris)
France 107 contributions 74143 visits
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Stephenson Harwood (Paris)
20 contributions 4958 visits
The European Court of Justice rules on the compatibility with the European State aid rules of the Ministerial Orders of 10 July 2006 and of 12 January 2010 setting out the feed-in tariffs of electricity produced by power plants using solar radiative energy. By an order dated 15 March 2017, the (...)

The EU Commission finds that recapitalisation of a Portuguese bank is not a State aid according to the market economy investor principle (Caixa Geral de Depósitos)
Maastricht University
Belgium 321 contributions 56248 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 assesses the relationship between the Altmark judgment and Article 106(2) TFEU (Viasat Broadcasting)
Maastricht University
Belgium 321 contributions 56248 visits
Altmark requires efficiency: Article 106(2) TFEU does not.* Introduction On 8 March 2017, the Court of Justice rendered its judgment in case C‑660/15 P Viasat Broadcasting v European Commission. Viasat Broadcasting appealed against the judgment of the General Court of 24 September 2015 in (...)

The EU Court of Justice concludes that the conditions laid down in the Altmark judgment are relevant for determining whether a measure constitutes state aid (Viasat Broadcasting)
Van Bael & Bellis (Brussels)
Belgium 151 contributions 32378 visits
On 8 March 2017, the European Court of Justice (“ECJ”) handed down its judgement on appeal in case C-660/15 P, Viasat Broadcasting UK (“Viasat”) Ltd v European Commission. The case concerns aid granted to the Danish public broadcaster TV2/Danmark for the execution of public service obligations. In (...)

The EU General Court upholds a Commission decision that a French ferry company received incompatible aid which must be recovered, and clarifies the definition of a service of general economic interest (SNCM)
Maastricht University
Belgium 321 contributions 56248 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 (...)

Procedures

 The German Federal States Council approves reform of the national competition law
Heinz & Zagrosek (Köln)
Germany 23 contributions 12951 visits
Germany adopts competition law reform* Following the Parliament’s approval in early March, the Federal States Council, Germany’s second legislative chamber, has approved the most recent reform to German competition law on March 31, 2017. The new law will enter into force upon publication in the (...)

The Dutch District Court of Gelderland dismisses a company’s passing-on defence in private enforcement litigation (ABB / TenneT)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45684 visits
On 29 March 2017, the District Court of Gelderland (the “Court”) dismissed a passing-on defence put forward by the Swiss technology company ABB in a cartel damages case initiated by the Dutch network grid operator TenneT. TenneT claimed that it had incurred damages as a result of higher prices (...)

The Anti-monopoly Commission of China’s State Council releases a draft for comments of anti-monopoly guidelines on abuse of intellectual property rights
Gaopeng & Partners (Beijing)
China 3 contributions 1854 visits
I. Introduction On March 23, 2017, the Anti-monopoly Commission of China’s State Council released the Anti-monopoly Guidelines on Abuse of Intellectual Property Rights (Draft for Comments) (hereinafter referred to as the ’Draft’) on the official website of the Ministry of Commerce of China. The (...)

The Polish Competition Authority issues guidelines on business secrets protection
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 6 contributions 2620 visits
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WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 19 contributions 6604 visits
On 16 March 2017 the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) issued guidelines on the request to limit the right of access to the case files (full name: “Information on the manner of submitting the request to limit the right of access to the case (...)

The US DOJ obtains a guilty plea from an executive of an Israel-based defense contractor sentences to defrauding the foreign military financing program, sentencing a fifth foreign executive who was extradited to face charges in the United States (Yuval Marshak)
Morgan Lewis (Silicon Valley)
United States 11 contributions 1866 visits
Five foreign executives have been extradited and convicted since 2010, reinforcing the Division’s continued emphasis on extradition in recent years. On March 13, 2017, the Antitrust Division (Antitrust Division) of the US Department of Justice (DOJ) convicted its fifth foreign executive who was (...)

The French administration implements the EU Directive 2014/104 on antitrust damages actions (Decree n° 2017-305)
Franklin (Paris)
France 34 contributions 20740 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 20 contributions 7290 visits
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Les Robes Noires (Montbazillac)
France 5 contributions 6758 visits
On 10 March 2017, France finally implemented into French law the EU Directive 2014/104 of 26 November 2014 on antitrust damages actions (see our Special Report) through Order n° 2017-303 and its implementing Decree n° 2017-305 of 9 March 2017. France was more than two months late, but there are (...)

The German Parliament implements the EU Antitrust Damages Directive
Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 3 contributions 3793 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 2 contributions 450 visits
On March 10, 2017, the German Parliament adopted the 9th amendment to the German Act against Restraints of Competition (“9th Amendment”). While many of the revisions are of a declaratory nature, some changes should make cartel damages actions in Germany more attractive – in particular the new (...)

Regulatory

 The German Parliament adopts a reform of the national competition act and introduces an additional merger control threshold based on the value of the transaction
Baker Botts (Brussels)
Belgium 27 contributions 47340 visits
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Baker Botts (Brussels)
Belgium 15 contributions 5068 visits
On 31 March 2017, the German Parliament adopted a reform of the country’s competition act (ARC). Among other amendments, it introduces an additional merger control threshold based on the value of the transaction. This amendment was prompted by a perceived enforcement gap in the current law: (...)

The German Federal Ministry for Economic Affairs and Energy proposes establishing a Digital Agency for the regulation of digital markets
Hogan Lovells (Brussels)
Belgium 19 contributions 8316 visits
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Hogan Lovells (Munich)
Germany 30 contributions 23103 visits
Germany suggests ramping up regulation of digital platforms by establishing Digital Agency with robust antitrust mandate* Will Germany establish a “Digital Agency” to monitor compliance with competition law rules in digital markets? Will a German “Digital Antitrust Enforcer” become a role model (...)

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