March 2018

General antitrust

 The Turkish Competition Authority publishes its revised Guidelines on vertical agreements
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 163 contributions 75439 visits
The Turkish Competition Authority (“Authority”) completed its work in progress on revising the Guidelines on Vertical Agreements (“Guidelines”) that was issued based on the Block Exemption Communiqué on Vertical Agreements (“Communiqué No. 2002/2”). It took approximately 2 years for the Authority to (...)

Anticompetitive practices

 The Turkish Competition Authority launches a formal investigation to determine if undertakings have engaged in a price fixing agreement based on evidences collected in an on-the-spot inspection (Ortosistem / Medifarm / Benlioğlu Dental / Eksen / Medikodental / Uysal / Dnt / MD / Modern Ortodonti)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75578 visits
Introduction Decision numbered 18-09/157-77 and dated 29.03.2018 (“Decision”) of the Turkish Competition Board (“Board”) is critical with respect to evidence that has been obtained in on-the-spot investigations, because this is the first decision in which the Board had taken WhatsApp (...)

The US District Court for the Northern District of California sets student-athletes’ antitrust case for trial (NCAA)
Rutgers University (New Brunswick)
United States 26 contributions 23574 visits
On March 28, 2018, the U.S. District Court for the Northern District of California rejected an attempt by the NCAA and 11 conferences to dismiss claims brought by current and former student-athletes playing Division I Football Bowl Subdivision (FBS) football and men’s and women’s Division I (...)

The Italian Competition Authority clears a horizontal cooperation agreement in the telecommunication sector by a commitment decision (Flash Fiber)
Municipality of Cagliari
159 contributions 131178 visits
In the Flash Fiber case the Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation into a horizontal cooperation agreement concerning the telecommunication sector. After the implementation of the commitments agreed with the parties, the ICA (...)

The Belgian Supreme Court dismisses an appeal against an interim judgment of the Brussels Court of Appeal (Kone / Otis / Schindler / ThyssenKrupp)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46109 visits
On 22 March 2018, the Belgian Supreme Court (the “Supreme Court”) dismissed an appeal against an interim judgment of the Brussels Court of Appeal (the “Court of Appeal”) on the damages claim introduced by the European Commission (the “Commission”). This claim arose following the Commission’s 2007 (...)

The Moldovan Competition Authority prosecutes two companies for bid-rigging in public procurement of repair works by the local administration (Vanro-Com / Sardis Exim)
University of Macau - Faculty of Law
China 284 contributions 224177 visits
On 22 March 2018, the Competition Council of the Republic of Moldova (CC) prosecuted Vanro-Com SRL and Sardis Exim SRL for concluding an anti-competitive agreement, aimed at distorting and preventing competition by participating with rigged bids at the public tender, organized by the Chişinău (...)

The Hamburg Higher Regional Court finds that a ban on selling products through online platforms can be justified if its objective is to preserve product image and ensure personal consultation with customers in the light of the Coty judgment (Aloe2Go)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 7203 visits
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McDermott Will & Emery (Paris)
France 122 contributions 63531 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6781 visits
The Higher Regional Court of Hamburg had the opportunity to establish a position regarding potential restrictions of competition in selective distribution arising out of bans on selling products through eBay and similar platforms. The Higher Regional Court referred to recent case law of the (...)

The EU Commission fines 8 Japanese producers of capacitors involved in a cartel for the supply of aluminium and tantalum electrolytic capacitors (Elna / Hitachi / Holy Stone / Matsuo / NEC Tokin / Nichicon / Nippon Chemi-Con / Ruycom / Sanyo)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90720 visits
On 21 March 2018, the European Commission announced that it had adopted a decision fining eight Japanese producers of capacitors a total of € 253,935,000. The companies addressed by the decision, namely Elna, Hitachi, Holy Stone, Matsuo, NEC Tokin, Nichicon, Nippon Chemi-Con, Ruycom and Sanyo, (...)

The US District Court for the Northern District of California renders a criminal sentence to a real estate investor for bid-rigging (Michael Marr)
Baker Botts (Washington)
United States 1 contribution 73 visits
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Clifford Chance (Washington)
United States 11 contributions 2472 visits
On March 21, 2018, the Chief Judge for the United States District Court for the Northern District of California sentenced Michael Marr to serve 30 months in federal prison and pay $1.4 million for his conviction on bid-rigging in violation of the Sherman Act, 15 U.S.C. § 1. Marr was indicted in (...)

The EU Commission fines eight producers of capacitors for cartel (Elna / Hitachi Chemical / Holy Stone / Matsuo / NEC Tokin / Nichicon / Nippon Chemi-Con / Rubycon)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2704296 visits
Antitrust: Commission fines eight producers of capacitors €254 million for participating in cartel* The European Commission has fined Elna, Hitachi Chemical, Holy Stone, Matsuo, NEC Tokin, Nichicon, Nippon Chemi-Con, Rubycon € 253 935 000. Together with the immunity applicant, Sanyo, they (...)

The Australian Competition and Consumer Commission announces product safety priorities for 2018
Jones Day (Houston)
United States 33 contributions 15420 visits
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Jones Day (Sydney)
Australia 10 contributions 2079 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Australian Competition and Consumer Commission (ACCC) has announced product safety priorities for 2018. A key priority is for the Commission to work towards (...)

The French Competition Authority fines an undertaking for implementing anticompetitive agreements in the tobacconist security provision sector (Sécurité Vol Feu)
French Competition Authority (Paris)
France 727 contributions 380513 visits
Anticompetitive agreements in the tobacconist security provision sector in the Isère département* The Autorité de la concurrence fines the Sécurité Vol Feu company Following an investigation carried out by the General Directorate for Competition Policy, Consumer Affairs and Fraud Control (...)

The Turkish Competition Authority decides not to open an investigation against a company active in online sales of flowers, edible flowers and gifts following allegations of predatory pricing (Çiçek Sepeti)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5346 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 163 contributions 75439 visits
This case summary includes an analysis of the Turkish Competition Board’s (“Competition Board” or “Board”) Çiçek Sepeti decision (08.03.2018; 18-07/111-58). The Board reviewed the allegations put forward by Çiçek Satış A.Ş. (“Çiçek Satış”) against Çiçek Sepeti İnternet Hizmetleri A.Ş. (“Çiçek Sepeti”) (...)

The Spanish Competition Authority fines 9 bar associations for issuing a collective price recommendation regarding lawyers’ professional fees (Bankia)
European Commission
Belgium 45 contributions 20358 visits
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Gómez-Acebo & Pombo (Brussels)
United States 51 contributions 27476 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20333 visits
The Spanish Competition Authority (“CNMC”) has fined 9 bar associations EUR 1.4 million for issuing a collective price recommendation regarding lawyers’ professional fees. The case was triggered by a complaint filed by Bankia as a consequence of the numerous claims filed by the bank’s (...)

The Spanish Competition Authority fines ten courier and parcel companies for participating in a customer-allocation cartel (Mensajeria y Paqueteria Empresarial)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45164 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 21753 visits
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Latham & Watkins (Brussels)
Belgium 24 contributions 3067 visits
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On 8 March 2018, the NMCC fined ten courier and parcel companies a total of €68 million for participating in a customer-allocation cartel, in breach of Articles 1 of the Spanish Competition Act (SCA) and 101 of the Treaty on the Functioning of the European Union (TFEU). Some of the companies (...)

The Spanish Competition Authority fines ten courier and parcel companies for participating in a customer-allocation cartel (Mensajeria y paqueteria empresarial)
European Commission
Belgium 45 contributions 20358 visits
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Gómez-Acebo & Pombo (Brussels)
United States 51 contributions 27476 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20333 visits
The Spanish Competition Authority (“CNMC”) has fined ten courier and parcel companies EUR 68 million for participating in a customer-allocation cartel, namely, Correos Express, UPS, TNT, DHL, Touline, RedySer, FEDEX, ICS and MBE. The CNMC has found that some of the companies entered into oral (...)

The Vilnius Regional Administrative Court upholds fine for misleading advertising in the hotel sector (NT partneriai / Karolinos turas)
Journal of Parliamentary and Political Law (Ottawa)
France 47 contributions 19865 visits
A hotel is a hotel and the Karolina Park Hotel in Vilnius, Lithuania is no exception. So the Vilnius Regional Administrative Court (Court) upheld a decision of the Competition Council of the Republic of Lithuania (Council) that fined the developer Karolinos turas and real estate company NT (...)

The Indian Competition Authority decides to examine the algorithm used in determining airline ticket prices to determine whether the airline companies have engaged in price-fixing practices (Jet Airways / InterGlobe Aviation)
Nishith Desai Associates (Mumbai)
India 1 contribution 387 visits
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Shardul Amarchand Mangaldas
3 contributions 880 visits
The Competition Commission of India (“CCI”), anti-trust watchdog of India has lately sprung up in action by tightening the noose around the anti-competitive practices in the aviation sector. Recently in an incident concerning revising and fixing fuel surcharge (FSC) rates by a few airline (...)

The Romanian Competition Authority implements a big data information system that will allow a quicker identification of cartel
Romanian Competition Council (Bucharest)
Romania 138 contributions 24570 visits
The Competition Council implements a big data informatics system through the project* “Optimizing the interaction with the business environment and the implementation of advanced data analysis and data exchange mechanisms by implementing an e-government information system and Big Data analysis (...)

The Indian Competition Authority reconsiders a price fixing case referred back from the Appellate Tribunal and imposes revised fines against airline companies for fixing fuel surcharge rates for cargo transportation (Jet Airways / InterGlobe Aviation / Spice Jet)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41141 visits
Competition Commission of India (“CCI”) imposes penalty on Jet Airways, IndiGo Airlines and Spicejet for fixing fuel surcharge rates* By way of an order dated March 7, 2018, the CCI has imposed a cumulative penalty of approx. INR 54 Crores on Jet Airways (India) Ltd (‘Jet Airways’), InterGlobe (...)

The French Competition Authority closes its investigation into agricultural tractor manufacturers after ensuring that they change their commercial practices with dealers to strengthen competition and diversify supply (John Deere / AGCO)
French Competition Authority (Paris)
France 727 contributions 380513 visits
Sale of agricultural tractors* The Autorité closes the investigation against agricultural tractor manufacturers John Deere and AGCO (Massey Ferguson, Fendt, Laverda and Valtra). It has ensured that the manufacturers change their commercial practices in respect of dealers in order to (...)

The Dusseldorf Higher Regional Court finds that sellers of high-quality cosmetics cannot invoke exhaustion of rights under the EU Trademark Regulation if they have not presented the products in a way that avoids impairment of the brand’s reputation (Kanebo)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 7203 visits
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McDermott Will & Emery (Paris)
France 122 contributions 63531 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6781 visits
The Higher Regional Court of Düsseldorf decided that neither online nor offline sellers can invoke exhaustion of rights under Article 15(1) of the EU trademark regulation if they sell high-quality, prestigious cosmetic products without appropriate presentation to avoid impairment of reputation. (...)

The US District Court for the Northern District of California denies a motion for class certification for a proposed class of indirect purchasers of lithium ion batteries (Lithium Ion Batteries)
McDermott Will & Emery (Washington)
United States 13 contributions 2697 visits
Indirect purchaser plaintiffs’ motion for class certification in a lithium ion battery suit was denied for failing to show concrete evidence linking increased input costs to increased end-product prices; theoretical inference is not enough. What happened: The US District Court for the Northern (...)

The UK Competition Authority fines two suppliers of charcoal and coal for households for taking part in a market sharing cartel(CPL / Fuel Express)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90646 visits
£3.4m fine for household coal and BBQ supplier cartel* Two of the biggest suppliers of charcoal and coal for households in the UK have agreed to pay a £3.4m fine for taking part in a market sharing cartel. CPL and Fuel Express are 2 of the main suppliers of bagged household fuels, including (...)

The UK Competition Appeal Tribunal grants an application by the claimant in a damages action in the automobile industry for disclosure of licensing arrangements made by the defendant (Peugeot / NSK)
2 contributions 244 visits
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Matheson (Dublin)
Ireland 6 contributions 1327 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. CAT Rules on Disclosure in Peugeot S.A. and others v NSK Ltd and others* The CAT’s specific disclosure ruling addresses the use of licensing to support (...)

The Belgian Competition Authority and the French Competition Authority conduct inspections at distributors of cosmetic goods
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21354 visits
The Belgian Competition Authority confirms the inspections at distributors of cosmetic goods* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms that the BCA and the “Autorité de la concurrence” (France) conducted inspections at the premises of (...)

Unilateral Practices

 The Serbian Competition Authority investigates the largest cable distribution system operator for excessive pricing (Serbia Broadband)
Karanovic & Partners (Belgrade)
Serbia 6 contributions 221 visits
On 27 March 2018, the Serbian Commission for Protection of Competition (“Commission“) initiated investigation against Serbia Broadband (“SBB“), the largest Serbian cable distribution system operator for alleged abuse of dominant position by charging excessive prices. SBB raised prices of monthly (...)

The US Court of Appeals for the Third Circuit finds that the entry of ride-sharing firms into the local taxi market increased rather than decreased competition (Philadelphia Taxi Association / Uber)
Edgeworth Economics (Washington)
United States 1 contribution 100 visits
Third Circuit Rules in Uber’s Favor over Philadelphia Taxi Association* In a recent decision, the Third Circuit upheld a November 2016 district court decision to dismiss a complaint by the Philadelphia Taxi Association and 80 taxi companies, finding that there was no violation of antitrust (...)

The Amsterdam District Court issues a verdict in a long-running abuse of dominance case involving the largest national property website (Funda)
Oxera (Oxford)
United Kingdom 10 contributions 8469 visits
In March 2018 the Court of Amsterdam issued a verdict in a long-running abuse of dominance case involving funda, the largest property website in the Netherlands. The Court found funda to be dominant, but did not consider the company’s discriminatory listing of rival estate agents to be (...)

The Latvian Competition Authority fines a waste management company for abuse of dominance (ZAAO)
Latvian Competition Council (Riga)
Latvia 117 contributions 22711 visits
The CC imposes a fine on SIA “ZAAO” for abuse of market power* On 21 March, the Competition Council of Latvia (the CC), imposed a fine of EUR 36 665 on the waste management company SIA “ZAAO”, owned by several municipalities, for abuse of dominant position. The CC detected, that the waste manager (...)

The EU Commission opens a formal investigation into German grid operator for limiting cross border electricity capacity with Denmark (TenneT)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2704296 visits
Antitrust: Commission opens investigation into German grid operator TenneT for limiting cross border electricity capacity with Denmark* The European Commission has opened a formal investigation to assess whether German grid operator TenneT’s limitation of capacity from Western Denmark into (...)

The Indian Competition Authority opens investigation into abuse of dominance and imposition of vertical restraints by a scooter manufacturer (Honda Motorcycle and Scooter)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41141 visits
CCI directs investigation against Honda Motorcycle and Scooter Private Ltd (Honda) for imposition of vertical restraints on its dealers and for abuse of dominant position* The CCI by its order dated March 14, 2018 has directed the Director General (“DG”) to investigate allegations of imposition (...)

The Indian Competition Authority opens investigation into abuse of dominance and imposition of vertical restraints by a scooter manufacturer (Honda Motorcycle and Scooter)
DMD Advocates (New Delhi)
India 2 contributions 307 visits
HONDA’S RIDE WITH THE CCI IN THE TWO-WHEELER SECTOR After dealing with multiple cases of assessing the competition law validity of certain restrictions imposed by car manufacturers on their dealers, the Competition Commission of India (CCI) is now examining similar issues in the two-wheeler (...)

The Polish Supreme Court examines a case of non-compliance with a decision of the Competition Authority finding an abuse of dominant position (PKP Cargo)
Utrecht University
Netherlands 5 contributions 1464 visits
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Affre i Wspólnicy (Warsaw)
Poland 2 contributions 410 visits
In the judgement of 7 March 2018 (III SK 6/17), the Polish Supreme Court (“SC”) examined the case of non-compliance with the decision of the President of the Office of Competition and Consumer Protection (“NCA”) on the abuse of a dominant position by PKP Cargo, Poland’s largest railway freight (...)

The French Competition Authority issues an opinion concluding its sector-specific investigation into online advertising
French Competition Authority (Paris)
France 727 contributions 380513 visits
Sector-specific investigation into online advertising* The Autorité de la concurrence has made public its opinion in which it analyses a very complex market characterised by a fragile competitive equilibrium. Given the concerns of stakeholders in the sector, the General Rapporteur announced (...)

Mergers

 The Belgian Competition Authority clears the acquisition of a Belgian football club by an investment company (Royal Sporting Club Anderlecht / Alychlo)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21354 visits
THE BELGIAN COMPETITION AUTHORITY APPROVES THE ACQUISITION OF ROYAL SPORTING CLUB ANDERLECHT BY ALYCHLO* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) has approved on 28 March 2018 the acquisition of Royal Sporting Club Anderlecht by Alychlo. The (...)

The Portuguese Competition Authority clears a merger between tour operators (Escalatur / Nortravel)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 23 contributions 2627 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Porto)
Portugal 2 contributions 490 visits
On March 23rd 2018, the Portuguese Competition Authority (PCA) was notified of a merger where Escalatur – Viagens e Turismo, Unipessoal, Limitada (Escalatur), a company within the Barceló Group, which operates in the tourism sector and is active in various countries, aimed to acquire exclusive (...)

The EU Commission considers potential harm to innovation as part of its merger assessments, particularly in R&D driven sectors such as pharmaceuticals and technology (Bayer / Monsanto)
Shearman & Sterling (London)
United Kingdom 21 contributions 13444 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 12 contributions 12936 visits
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Shearman & Sterling (London)
United Kingdom 28 contributions 13478 visits
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The European Commission has routinely considered potential harm to innovation as part of its merger assessments, particularly in R&D driven sectors such as pharmaceuticals and technology. In recent years, however, the Commission’s traditional innovation concerns have developed into broader, (...)

The EU Commission clears a merger, subject to remedies, in the seeds, pesticides, and digital agriculture sector (Bayer / Monsanto)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2704296 visits
Mergers: Commission clears Bayer’s acquisition of Monsanto, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Monsanto by Bayer. The merger is conditional on the divestiture of an extensive remedy package, which addresses the parties’ (...)

The German Competition Authority clears a merger subject to remedies in the rail sector (CIT Rail / VTG Rail Assets)
German Competition Authority (Bonn)
Germany 435 contributions 110384 visits
Rail wagon leasing companies may merge subject to condition precedent* The Bundeskartellamt has cleared the acquisition of CIT Rail Holdings (Europe) S.A.S. by VTG Rail Assets GmbH subject to a condition precedent. The companies may only implement the merger once they have sold a substantial (...)

The US FTC publishes a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger negotiations
US Department of Justice (Washington)
United States 1 contribution 451 visits
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Jones Day (Dallas)
United States 4 contributions 885 visits
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Jones Day (Washington)
United States 17 contributions 7715 visits
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In Short The Situation: The Federal Trade Commission ("FTC") recently published a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger negotiations and due diligence. The Risk: Information-sharing (...)

The U.S. Senate approves the Economic Growth, Regulatory Relief and Consumer Protection Act that would repeal or modify certain provisions of the Dodd-Frank Act
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 1 contribution 112 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 1 contribution 112 visits
On March 14, 2018, the U.S. Senate approved the Economic Growth, Regulatory Relief and Consumer Protection Act, a bipartisan bill that would repeal or modify certain provisions of the Dodd-Frank Act and eliminate or ease a number of regulatory burdens on superregional, regional and large (...)

The Indian Competition Authority unconditionally approves acquisition of a corporate debtor for the first time under the new Insolvency and Bankruptcy Code (Binani Cement / Rajputana Properties)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41141 visits
CCI approves initial transactions notified under the Insolvency and Bankruptcy Code, 2016* The CCI vide its order on March 7, 2018, unconditionally approved the proposed acquisition of Binani Cement Ltd by Rajputana Properties, subsidiary of Dalmia Bharat Cement Ltd. This is the first (...)

State Aid

 The EU General Court overturns the Commission’s decision that exclusive use of a port by a shipping company was not State aid, after finding the Commission failed to open a formal investigation and establish that the port owner acted as a private operator (Naviera Armas)
Maastricht University
Belgium 338 contributions 58555 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 holds that it is not acceptable for assets to be transferred to a bidder that had initially participated in the process as a member of a consortium when analyzing a measure of State aid for restructuring and recapitalisation involving a bidding process (SNCF Mobilités)
University of Bristol - Law School
United Kingdom 92 contributions 25102 visits
Do EU procurement & State aid rules conflict on possibility for consortium members to ’go it alone’? (C-127/16 P)* In its Judgment of 7 March 2018 in SNCF Mobilités v Commission, C-127/16 P, EU:C:2018:165, in the context of the analysis of a measure of State aid for restructuring and (...)

The EU Court of Justice sets aside the General Court’s annulment of the Commission’s decision concerning state aid granted to a Danish bank (FIH)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 7203 visits
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McDermott Will & Emery (Paris)
France 122 contributions 63531 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6781 visits
When considering whether a measure constitutes State aid for the purposes of Article 107(1) TFEU and applying the well-established private operator principle, one should take into account both the private creditor test and that of the private investor depending on the nature of the transaction. (...)

The EU Court of Justice annuls a judgment of the General Court, finding that previously granted State aid must be disregarded when it applies the private investor principle (FIH)
Maastricht University
Belgium 338 contributions 58555 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 Austrian Higher Regional Court of Vienna remands a State aid case to back the lower court after ruling that where a recipient of a State-backed loan does not meet the criteria for that loan the aid may be illegal and the State may legitimately renege on its contractual obligations (Alpine)
University of Vienna
Austria 16 contributions 933 visits
Background & Facts of the case In order to mitigate the effects of the financial and economic crisis of 2008, the Austrian legislator adopted the so-called Unternehmensliquidationsstärkungsgesetz (Law on strengthening the liquidity of companies, hereafter the “ULSG“). It authorised the (...)

Procedures

 The EU Court of Justice holds that a Member State must establish that the national security interest protection could not be reached with the EU public procurement rules to obtain a derogation (Austria / EU Commission)
University of Bristol - Law School
United Kingdom 92 contributions 25102 visits
WHY CALL IT ESSENTIAL NATIONAL INTEREST WHEN YOU MEAN CONTROL? THOUGHTS ON THE CONVERGING EXCEPTIONS TO THE EU PROCUREMENT RULES A PROPOS THE AUSTRIAN PASSPORTS CASE (C-187/16)* In its Judgment of 20 March 2018 in Commission v Austria (Imprimerie d’État), C-187/16, EU:C:2018:194, the Court of (...)

The Chinese Government announces the establishment of a unified market regulator, the State Administration for Market Regulation which now is responsible for all antitrust enforcement in China
Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
China 7 contributions 2317 visits
In March 2018, China’s State Council announced the establishment of a unified market regulator, the State Administration for Market Regulation (SAMR), which now is responsible for all antitrust enforcement in China. Previously, antitrust enforcement in China was administered by three separate (...)

The High Court of Delhi refuses to interfere with the prima facie order passed by the Competition Authority post submission of the Director General’s Investigation Report (Cadila Healthcare)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41141 visits
Delhi High Court refuses to interfere with prima facie order passed by CCI post submission of DG Investigation Report* The High Court of Delhi in a recent judgement dated March 9, 2018 has refused to interfere in a pending inquiry after the submission of the Director General’s (DG) (...)

The High Court of England and Wales provides guidance determining the applicable law in competition actions (Deutsche Bahn / Mastercard)
Blackstone Chambers (London)
United Kingdom 1 contribution 112 visits
Applicable law in competition infringements: Deutsche* The recent judgment of Barling J in Deutsche Bahn AG v MasterCard offers important guidance on determining applicable law in competition actions. Practitioners dealing with competition infringements which stretch back prior to the entry (...)

The EU Court of Justice holds that when a public entity makes no selection between the admissible tenderers it does not constitute a public contract (Tirkkonen)
University of Bristol - Law School
United Kingdom 92 contributions 25102 visits
THE END OF PROCUREMENT AS WE KNEW IT? CJEU CONSOLIDATES FALK PHARMA APPROACH TO DEFINITION OF PROCUREMENT IN TIRKKONEN (C-9/17)* In its Judgment of 1 March 2018 in Tirkkonen, C-9/17, EU:C:2018:142, the Court of Justice of the European Union (CJEU) had to assess whether a scheme with the (...)

Regulatory

 The UK Government introduces draft legislation that will allow it to intervene in a wider range of investments in the military, dual-use, computing hardware, and quantum technology sectors
Freshfields Bruckhaus Deringer (London)
United Kingdom 11 contributions 1721 visits
In the same week as President Trump blocked Broadcom’s takeover of Qualcomm on national security grounds, the UK Government introduced draft legislation that will allow it to intervene in a wider range of investments in the military, dual-use, computing hardware and quantum technology sectors. (...)

The Hellenic Parliament publishes its new law in relation to the actions for damages for antitrust infringements
Kyriakides Georgopoulos (Athens)
Greece 1 contribution 80 visits
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Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1970 visits
Law 4529/2018 Actions for Damages from Antitrust Infringements Law 4529/2018 was published on March 23, 2018, incorporating into Greek Law Directive 2014/104/EU on private damages arising out of competition law infringements. Highlights of the law include specific rules on the disclosure of (...)

The Chinese Government confirms plans to merge China’s three antitrust authorities into a single agency under a new government body called the State Administration for Market Supervision
Freshfields Bruckhaus Deringer (Singapore)
Singapore 1 contribution 251 visits
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Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 1 contribution 251 visits
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Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 1 contribution 251 visits
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China’s National People’s Congress (NPC) confirmed plans last week to merge China’s three antitrust authorities into a single agency under a new government body called the State Administration for Market Supervision. At the same time, the NPC also confirmed plans to merge China’s banking and (...)

The Chinese State Council submits proposals to the National Competition Authority to merge China’s three antitrust authorities into a single agency under a new government body, the State Administration for Market Supervision
Freshfields Bruckhaus Deringer (Beijing)
China 17 contributions 17887 visits
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Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 12 contributions 3992 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 678 visits
China’s State Council has submitted proposals to the National People’s Congress (NPC) to merge China’s three antitrust authorities into a single agency under a new government body called the State Administration for Market Supervision. The reform follows several years of speculation of an (...)

The Finnish Competition Authority issues its report on health service marketing
Finnish Competition and Consumer Authority (Helsinki)
Finland 72 contributions 12212 visits
FCCA report: Health service marketing promotes competition and customers’ freedom of choice* The FCCA has been studying how health service marketing is currently regulated and what kinds of challenges the health and social services reform is setting for health service marketing. Health service (...)

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