March 2019

General antitrust

 The Latvian Parliament adopts amendments to the Competition Law granting the Competition Council powers to address competition distortions caused by public administrative bodies
Latvian Competition Council (Riga)
Latvia 116 contributions 22669 visits
The Competition Council of Latvia will be able to prevent competition distortions caused by public administrative bodies* On 28 March, the Saeima adopted in the final reading amendments to the Competition Law, which grant the Competition Council of Latvia (the CC) the powers to address (...)

Anticompetitive practices

 The Indian High Court in Delhi interprets national Competition Act which criminalises non-compliance with directions or orders (Rajasthan Cylinders)
Shardul Amarchand Mangaldas (New Delhi)
France 63 contributions 18017 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 67 contributions 19223 visits
,
Shardul Amarchand Mangaldas (New Delhi)
United States 66 contributions 19997 visits
…
In March 2019, the Delhi High Court interpreted Section 42(3) of the Competition Act, which criminalises non-compliance with orders or directions, to cover directions issued by the Director General (DG). [1] The High Court also rejected arguments that to allow criminal proceedings under (...)

The EU General Court reduces a fine totaling over €30 million imposed in a cartel case (Pometon)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90622 visits
On 28 March 2019, the General Court (“GC”) delivered a judgment on an appeal lodged by Pometon against the European Commission’s (“Commission”) decision in the Steel Abrasives cartel case (Case T-433/16, Pometon SA v. Commission). In April 2014, the Commission imposed fines totalling over € 30 (...)

The US FTC concludes that a pharma company entered into an illegal pay-for-delay agreement (Endo / Impax)
Hausfeld (Philadelphia)
United States 3 contributions 246 visits
,
Hausfeld (Washington)
United States 2 contributions 173 visits
On March 28, 2019, the Federal Trade Commission (the “Commission”) issued a landmark opinion in the agency’s case against Impax Laboratories Inc. regarding its patent settlement with Endo Pharmaceuticals Inc., marking the first time that the Commission has weighed in on the proper application of (...)

The French Competition Authority fines an Economic Interest Group of taxis for anticompetitive agreements (Radio-taxi Antibes Juan-les-Pins)
French Competition Authority (Paris)
France 726 contributions 379047 visits
Transport by taxi* The Autorité de la concurrence fines the Economic Interest Group (EIG) of Antibes Juan-les-Pins’ taxis for anticompetitive agreements. The radio-taxi EIG of Antibes Juan-les-Pins is an association gathering the majority of the city’s self-employed taxi drivers. Its main (...)

The Spanish Supreme Court confirms fines on company for their participation in cartel agreements and publishes the names of the individual in the fining decision (Cesar)
Cuatrecasas (Barcelona)
Spain 7 contributions 1053 visits
On March 28, 2019, the Spanish Supreme Court (Tribunal Supremo) issued a judgment confirming that the Spanish National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or “CNMC”) can (i) impose fines on company executives for their participation in cartel (...)

The US FTC reverses Administrative Law Judge decision, finding Section 5 violation for reverse-payment settlement (Endo / Impax)
Rutgers University (New Brunswick)
United States 26 contributions 23515 visits
In FTC v. Actavis, the Supreme Court ruled that settlements by which brand drug companies pay generics to delay entering the market could violate antitrust law. In In the Matter of Impax Laboratories, the Federal Trade Commission (FTC or Commission) offered its first elaboration upon this (...)

The Spanish Supreme Court confirms an extensive interpretation of the concept of ’governing body’ of an infringing legal person and finds no breach of fundamental rights in publishing the names of the managers fined in a decision of the competition authority (Cesar)
Baker McKenzie (Madrid)
Spain 32 contributions 25000 visits
In two recently issued judgments the Spanish Supreme Court upheld two judgments of the Audiencia Nacional confirming the fines imposed by a decision of the Spanish Competition Authority (“CNMC”) on two managers in a case regarding anticompetitive agreements in the market for railway turnouts. In (...)

The EU Commission imposes €12.5 million fine on a company for restricting cross-border sales of merchandising products (Nike)
Van Bael & Bellis (Brussels)
France 163 contributions 55164 visits
On 25 March 2019, the European Commission (“Commission”) announced its decision to fine Nike € 12,555,000 for limiting the ability of licensees to sell licensed merchandising products to other EEA countries. According to the Commission’s press release, the restrictions concerned the merchandise (...)

The EU Commission fines a company for restricting the cross-border and online sales of branded merchandise by its European licensees (Nike)
Crowell & Moring (Brussels)
Belgium 2 contributions 2247 visits
,
Bristows (Brussels)
Belgium 2 contributions 4939 visits
E-Commerce in Europe: A Look into Nike’s Huge Antitrust Fines* On March 25, the European Commission (EC) fined Nike €12.5 million for restricting cross-border and online sales of branded merchandise by its European licensees. In December last year, the EC fined Guess €40 million for imposing (...)

The EU Commission imposes a fine totaling €12.5 million on a multinational company selling football apparel and footwear for restricting cross-border sales of its merchandise (Nike)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Antitrust: Commission fines Nike €12.5 million for restricting cross-border sales of merchandising products* The European Commission has fined Nike €12.5 million for banning traders from selling licensed merchandise to other countries within the EEA. This restriction concerned merchandising (...)

The EU Commission fines a sportswear company €12.5 million for breaching competition rules through its licensing and distribution agreements with resellers (Nike)
Portolano Cavallo (Milan)
Italy 60 contributions 8857 visits
,
Portolano Cavallo (Milan)
Italy 9 contributions 695 visits
On March 25, 2019, the European Commission announced the € 12,555,000 fine issued to Nike for breaching European Union and European Economic Area (EEA) competition rules through its licensing and distribution agreements with resellers, more specifically for prohibiting merchants from making (...)

The Mexican Competition Authority investigates the rail transport of chemical and petrochemical products and determines that there is a lack of effective competition (Veracruz)
Mexican Competition Authority (Mexico City)
Mexico 128 contributions 24948 visits
COFECE’s Investigative Authority preliminarily determines the lack of effective competition in the rail transport of chemical and petrochemical products in the south of the state of Veracruz* The Investigative Authority’s Preliminary Opinion stipulates that lack of competition affects the rail (...)

The Portuguese Competition Authority issues statements of objections to supermarket chains and beverage suppliers for price fixing (Modelo Continente / Pingo Doce / Auchan and Intermarché / Lidl / E. Leclerc)
Portuguese Competition Authority (Lisbon)
Portugal 110 contributions 27338 visits
AdC issues Statements of Objections to supermarket chains and beverage suppliers for price fixing, harmful to consumers* The AdC – Portuguese Competition Authority issued three Statements of Objections to six large food retail groups in Portugal and three beverage suppliers for taking part in (...)

The Belgian parliament adopts law regarding abuse of economic dependency prohibiting unfair, misleading and aggressive practices between undertakings
Simmons & Simmons (Brussels)
Belgium 2 contributions 605 visits
,
Simmons & Simmons (Brussels)
Belgium 5 contributions 1540 visits
,
Simmons & Simmons (Brussels)
Belgium 21 contributions 15697 visits
On 21 March 2019, the Belgian parliament adopted a law (i) expanding the scope of Belgian competition law to also cover abuses of economic dependency, (ii) introducing a greylist and a blacklist of clauses in B2B agreements and (iii) prohibiting certain unfair, misleading and/or aggressive (...)

The Dutch Highest Administrative Court rules that the Competition Authority can find private equity investors liable for cartel infringements of their portfolio companies in the food market
Bird & Bird (The Hague)
Netherlands 11 contributions 4863 visits
Private equity investors held liable for cartels in the Netherlands* Introduction On 19 March 2019, the highest administrative court in the Netherlands (het College van Beroep voor het bedrijfsleven, “CBb”) ruled that the Dutch Competition Authority (“the ACM”) can hold private equity investors (...)

The Dutch Highest Administrative Court rules that private equity investors could be held liable for cartel infringements committed by their portfolio companies
Bird & Bird (The Hague)
Netherlands 34 contributions 8336 visits
,
KPN (Amsterdam)
Netherlands 33 contributions 7019 visits
On 19 March 2019 the highest administrative court in the Netherlands (het College van Beroep voor het bedrijfsleven, "CBb") ruled that private equity investors could be held liable for cartel infringements committed by their portfolio companies. In this case the Dutch Competition Authority (...)

The US District Court for the Northern District of Illinois receives a class action complaint against a pay-for-delay agreement (AbbVie)
Constantine Cannon (Washington)
United States 4 contributions 665 visits
Plaintiffs Targeting Biologic-Biosimilars Settlements with Pay-for-Delay Antitrust Claims* Antitrust principles that can invalidate certain pay-for-delay settlements will be expanding into the new frontier of biologic and biosimilar drugs if plaintiffs in several new suits are successful. (...)

The Spanish Competition Authority imposes fines totalling € 118 million on railway infrastructure companies for participating in a cartel (Alstom / Bombardier / Cafs / Cobra / Nokia...)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90622 visits
On 14 March 2019, the Spanish competition authority (“CNMC”) imposed fines totalling € 118 million on fifteen companies, namely Cobra, Elecnor, Siemens, Semi, Inabensa, Alstom, Cymi, Isolux, Electren, Comsa, Indra, Neopul, Telice, Eym and Citracc, for their involvement in a cartel on the market (...)

The Spanish Competition Authority fines €188 million 15 companies for colluding in public tenders in the railway market (Alstom / Bombardier / Cafs / Cobra / Nokia...)
Bird & Bird (Madrid)
Spain 29 contributions 4409 visits
,
Ecija & Asociados (Madrid)
Spain 20 contributions 2044 visits
On 14 March 2019, the Spanish Competition Authority ("CNMC") fined Siemens, Alstom and 13 other companies with a total of 118 million euros for colluding in public tenders convened by the Spanish Administrator of Railways of Infrastructures (“ADIF”). The CNMC has identified three separate (...)

The EU Court of Justice confirms that corporate restructuring will not vitiate a follow on damage claims arising as a result of a cartel, clarifying that the notion of an undertaking goes beyond the concept of a legal personality (City of Vantaa / Skanska Industrial Solutions / NCC Industry / Asfaltmix)
ICC France (Paris)
France 36 contributions 8637 visits
,
Hogan Lovells (Paris)
France 21 contributions 5392 visits
Brief summary of facts In 2004, the Finish Competition Authority found that several companies had participated in a cartel relating to asphalt in Finland between 1994 and 2002. It proposed fines which were ultimately adopted by the Finish Supreme Administrative Court in 2009. In the meantime, (...)

The EU Court of Justice confirms the application of the principle of economic continuity in private enforcement of a cartel case (Vantaan kaupunki / Skanska Industrial Solutions)
Sérvulo (Lisbon)
Portugal 2 contributions 696 visits
The Principle Of Economic Continuity’s Application On Private Enforcement: Case 724/17 Skanska* With two major decisions, March 2019 was an interesting month with regard to the ECJ’s case-law on the private enforcement of competition law: Skanska and Cogeco. This post will comment on the (...)

The EU Court of Justice rules that the concept of undertaking and the principle of economic continuity apply in private enforcement cases as in public enforcement proceedings (Vantaan kaupunki / Skanska Industrial Solutions)
Hogan Lovells (Munich)
Germany 21 contributions 3612 visits
,
Hogan Lovells (Munich)
Germany 16 contributions 818 visits
Introduction The European Court of Justice (“ECJ”) issued a landmark decision on 14 March 2019 concerning the application of the concept of “undertaking” and the principle of economic continuity to cartel damages claims. The ECJ ruled in its Skanska judgement that the broad interpretation of the (...)

The EU Court of Justice rules that parent companies cannot use corporate restructuring to circumvent their liability for the damages incurred due to a competition law infringement committed by their subsidiaries where the former continues the economic activities during the dissolvency of the latter (Vantaan / Skanska)
Johns Hopkins Medicine (Baltimore)
1 contribution 38 visits
BUYERS BEWARE: EU COMPETITION LAW CONCEPT OF "UNDERTAKING" IS APPLICABLE IN ACTIONS FOR DAMAGES AS WELL* In its preliminary ruling procedure under Article 267 of the Treaty on the Functioning of the European Union (“TFEU”), the Court of Justice of the European Union (“the CJEU”) issued a landmark (...)

The EU Court of Justice clarifies, in a preliminary ruling concerning an asphalt cartel, who is liable to pay compensation in a damages action arising from article 101 TFEU (Vantaan Kaupunki / Skanska Industrial Solutions)
Lavoielegal (Brussels)
Belgium 1 contribution 265 visits
Court of Justice ruling in Skanska: EU competition law concept of ‘undertakings’ and principle of economic continuity to the rescue in civil damages claims* In its preliminary ruling in Skanska Industrial Solutions and Others, the Court of Justice has ruled on the fundamental question of who is (...)

The EU Court of Justice holds that the principles applied in order to determine the relevant entities for liability for fines should also be applied to determine the relevant entities liable for damages under private damages claims (Vantaan kaupunki / Skanska)
Herbert Smith Freehills (Brussels)
Belgium 108 contributions 68672 visits
,
Herbert Smith Freehills (London)
United Kingdom 55 contributions 19924 visits
,
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8544 visits
In a preliminary ruling request made by the Finnish Supreme Court on the question of the relevant entities liable for damages, the Court of Justice of the EU (CJEU) held that principles applied in order to determine the relevant entities for liability for fines under Articles 101 and 102 TFEU (...)

The EU Court of Justice hands down a judgement in which it ensures that victims of competition law breaches get compensation in the context of an asphalt cartel (Vantaan Kaupunki / Skanska Industrial Solutions)
Hausfeld (London)
United Kingdom 20 contributions 4795 visits
On 14 March 2019, the Court of Justice of the European Union (“CJEU”) handed down an important judgment for victims of competition law infringements: ensuring that their fundamental right to compensation for losses caused by such infringements cannot be circumvented by the sale or dissolution of (...)

The EU Court of Justice expands cartel damages liability for corporate parents and successors (Vantaan Kaupunki / Skanska Industrial Solutions)
Jones Day (Brussels)
Belgium 26 contributions 8155 visits
,
Jones Day (Brussels)
Belgium 17 contributions 8563 visits
,
Jones Day (Brussels)
Belgium 6 contributions 2658 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Short The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a (...)

The EU Court of Justice extends the concept of economic continuity to claims for damages so that entities which have violated competition are subject to sanctions (Vantaan Kaupunki / Skanska Industrial Solutions)
Portolano Cavallo (Milan)
Italy 60 contributions 8857 visits
,
Portolano Cavallo (Milan)
Italy 6 contributions 599 visits
On March 14, 2019, the Court of Justice of the European Union (CJEU) delivered a landmark judgment in a preliminary referral from the Korkein Oikeus (the Finnish Supreme Court), addressing several pillars of EU competition law (case C-724/17, Vantaa v. Skanska Industrial Solutions and others). (...)

The Turkish Competition Authority initiales a full-fledged investigation on the Turkish poultry sector and concludes that sector specific justifications are not enough to prevent violations (BESDBIR)
King’s College London
1 contribution 81 visits
,
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 1 contribution 81 visits
ASSESSMENT OF INFORMATION EXCHANGE FINES UNDER TURKISH COMPETITION LAW REGIME: SECTOR SPECIFIC JUSTIFICATIONS MAY NOT BE ENOUGH TO PREVENT THE VIOLATIONS !* Competition law, at its core, is a case law based practice. The natural habitat of enforcement for competition rules is the consolidation (...)

The Turkish Competition Authority finds exchange of informations and supply restrictions from nine undertakings during an investigation in the Poultry sector (Investigation in the Poultry Sector)
ACTECON (Istanbul)
Turkey 26 contributions 9269 visits
,
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4341 visits
,
ACTECON (Istanbul)
Turkey 22 contributions 3385 visits
The Turkish Competition Authority (“TCA”) has concluded its full-fledged investigation regarding a total of 20 undertakings operating in the poultry sector. In its decision dated 13.03.2019 and numbered 19-12/155-70, the TCA held that the following 9 undertakings violated Article 4 of the Law No. (...)

The Turkish Competition Authority persists in its assessment of exclusivity practices in a company’s dealership agreements on the sales of chicken, meat, and eggs (Abalıoğlu)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 161 contributions 73520 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5269 visits
In a preliminary investigation in 2011 on the allegations that Abalıoğlu Yem Soya ve Tekstil A.Ş. (“ Abalıoğlu ”) had exclusivity clauses in its dealership agreements concerning the sales of chicken meat and eggs under “Lezita” brand, the Board had decided that Abalıoğlu had not violated the Law No. (...)

The US District Court for the Northern District of California finds that an athletic association’s cap on grants given to athletes is an anticompetitive restraint of trade (NCAA / Alston)
Constantine Cannon (New York)
United States 3 contributions 2108 visits
NCAA May Have Lost Antitrust Case to Student-Athletes, But How Much Did It Really Lose?* Friday’s 104-page ruling in the antitrust case challenging the compensation rules of the National Collegiate Athletic Association (“NCAA”) is not a clear-cut victory for either side. Although Judge Claudia (...)

The Danish Competition Authority fines several plumbing companies and three managers for bid-rigging (Christoffersen & Knudsen)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 127 contributions 34911 visits
Plumbing company and management members from several plumbing companies pay fines in settlements for bid rigging* The plumbing company Christoffersen & Knudsen A/S and three members from the management in this and two other plumbing companies have entered into settlements with the Danish (...)

The Danish Competition Authority fines plumbing companies for entering into a cartel agreement (Christoffersen & Knudsen / Sanoterm)
Bird & Bird (Copenhagen)
Denmark 36 contributions 7582 visits
,
Bird & Bird (Copenhagen)
Denmark 23 contributions 2346 visits
On 7 March 2019, a Danish plumbing company (Christoffersen & Knudsen A/S) was fined DKK 575,000 (€ 77,000) by the Danish State Prosecutor for Serious Economic and International Crime for entering into a cartel agreement with their competitor (Sanoterm Danmark A/S). In the same case complex, (...)

The EU Commission accepts final commitments in a cross-border access to pay-TV case (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)
Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50184 visits
According to a press release issued on 7 March 2019, the European Commission (“Commission”) has formally accepted the commitments offered by Disney, NBC Universal, Sony Pictures, Warner Bros. and Sky in Case 40.023, Cross-border access to pay-TV, under Article 9 of Regulation 1/2003. The (...)

The EU Commission accepts remedies proposed by entertainment companies ending competition concerns in the pay-TV services market (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Antitrust: Commission accepts commitments by Disney, NBCUniversal, Sony Pictures, Warner Bros. and Sky on cross-border pay-TV services* The European Commission has made commitments offered by Disney, NBCUniversal, Sony Pictures, Warner Bros. and Sky legally binding under EU antitrust rules. (...)

The US District Court for the Middle District of North Carolina alleges that two universities violated antitrust laws by agreeing not to permit lateral moves of faculty, pushing one university to settle the class action lawsuit (Seaman / Duke University)
Constantine Cannon (Washington)
United States 1 contribution 181 visits
,
Constantine Cannon (New York)
United States 3 contributions 695 visits
The Middle District of North Carolina No-Poach Class Action: Duke Finally Settles* While Duke University and the University of North Carolina (“UNC”) may be fierce sporting rivals on “Tobacco Road,” their alleged agreement not to compete for medical school faculty demonstrates how easily competing (...)

The Jerusalem District Court sentences to imprisonment a member of a tree-pruning cartel following a joint investigation of the Israeli Competition Authority and the National Fraud Investigations Unit (Zohar Katz)
Israel Competition Authority (Jerusalem)
Israel 15 contributions 1867 visits
The Jerusalem District Court sentenced a member of the tree-pruning cartel to 11 months’ imprisonment* The Jerusalem District Court (Judge A. Rubin) sentenced today (Wed.) the defendant Zohar Katz to 11 months’ imprisonment, a fine of NIS 100,000 and forfeiture of an additional sum of NIS (...)

The Saudi Arabian King enacts the country’s new Competition Law (Royal Decree M/75)
Shearman & Sterling (Dubai)
United Arab Emirates 1 contribution 47 visits
,
Gibson Dunn (Dubai)
United Arab Emirates 1 contribution 47 visits
,
Shearman & Sterling (Riyadh)
Saudi Arabia 1 contribution 47 visits
…
The new Competition Law (the “Competition Law”) of the Kingdom of Saudi Arabia (the “Kingdom”) was enacted by Royal Decree M/75 on 29/06/1440 Hijri (corresponding to 6 March 2019) and came into force on 24/01/1441 Hijri (corresponding to 23 September 2019). The Implementing Regulations of the (...)

The Finnish Competition Authority suspects several taxi dispatch centres of illegal restrictions on competition
Finnish Competition and Consumer Authority (Helsinki)
Finland 72 contributions 12178 visits
FCCA suspects several taxi dispatch centres of illegal restrictions on competition* Investigations by the Finnish Competition and Consumer Authority (FCCA) have found that dispatch centres may have acted in breach of the Competition Act by discriminating in the dispatch of Kela-reimbursed (...)

The Hellenic Competition Authority fines several construction companies for bid-rigging in the public works of infrastructure (Alpine Bau)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15758 visits
Decision no.647/4.7.2017 of the Competition Commission on ex officio investigation into tenders concerning large projects of infrastructure for violation of Αrticles 1 of Law 703/77, 1 Law 3959/2011 and 101 TFEU, regarding the undertakings that have not been placed under the Settlement (...)

The Finnish Competition Authority suspects illegal restrictions in the taxi dispatch market after receiving hundreds of complaints
Hannes Snellman (Helsinki)
Finland 23 contributions 2910 visits
,
Bird & Bird (Helsinki)
Finland 14 contributions 1024 visits
The Finnish Competition and Consumer Authority ("FCCA") suspects several taxi dispatch centres of illegal restrictions on competition. The Finnish taxi market was deregulated and opened to competition on 1 July 2018. Before the deregulation the Finnish taxi market was divided between local (...)

The EU Commission fines car safety equipment suppliers € 368 million in cartel settlement for illegal information exchanges (Takata / Autoliv / TRW)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Antitrust: Commission fines car safety equipment suppliers € 368 million in cartel settlement* The European Commission has fined Autoliv and TRW a total of € 368 277 000 for breaching EU antitrust rules. Takata was not fined as it revealed the cartels to the Commission. The companies took part (...)

The EU Commission imposes fines totalling € 368 million on car safety equipment suppliers in cartel settlement decision (Takata / Autoliv / TRW)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90622 visits
On 5 March 2019, the European Commission (the “Commission”) announced that it had imposed total fines of € 368,277,000 on two car safety equipment suppliers, Autoliv and TRW, for their involvement in two cartels concerning the supply of car seatbelts, airbags and steering wheels to European car (...)

The Finnish Competition Authority announces that it will carry out an extensive assessment about the effects of the Finnish gambling monopoly
Hannes Snellman (Helsinki)
Finland 23 contributions 2910 visits
,
Bird & Bird (Helsinki)
Finland 14 contributions 1024 visits
The Finnish Competition and Consumer Authority ("FCCA") has announced that it will carry out an extensive assessment about the effects of the Finnish gambling monopoly. When compared internationally, gambling in Finland is exceptionally common and the Finns are the most avid gamblers in Europe. (...)

The UK Competition Authority starts an in-depth market investigation in the funeral sector
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90389 visits
The Competition and Markets Authority (CMA) has today launched an in-depth market investigation into the funerals sector.* Following publication of its interim report in November 2018, the CMA consulted on whether to progress to a market investigation. Having carefully considered the (...)

Unilateral Practices

 The Philippine Competition Authority files a lawsuit against a mass housing developer for abuse of dominance (Condo developer)
Philippine Competition Commission (Quezon City)
Philippines 1 contribution 126 visits
The Enforcement Office of the Philippine Competition Commission (PCC) has filed a case against a mass housing developer for breaching the antitrust law by engaging in an exclusive internet service tie-up on its property in Tondo, Manila. In a Statement of Objections filed on March 27, the PCC (...)

The Cyprus Competition Authority imposes a fine of €237,181.76 on an undertaking for abusing its dominant position (MTN)
Stephanie Theodotou Lawyer (Cyprus)
9 contributions 1550 visits
,
Trojan Economics (Nicosia)
Cyprus 11 contributions 2179 visits
Introduction On 29 March 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €237,181.76 on MTN Cyprus Limited (“MTN”) for a violation of Section 6(1)(b) of the Protection of Competition Law (Law 13(I)/2008), as amended (“Law”). The said (...)

The EU Court of Justice determines that the Portuguese limitation period for competition damages lawsuits undermines the ability of claimants to enforce their claims and thus conflict with the principle of effectiveness (Cogeco Communications / Sport TV Portugal / Controlinveste-SGPS / NOS-SGPS)
ICC France (Paris)
France 36 contributions 8637 visits
,
Hogan Lovells (Paris)
France 21 contributions 5392 visits
Brief summary of facts In June 2013, the Portuguese Competition Authority (“PCA”) found that Sport TV Portugal had abused of its dominant position in the market of premium sports TV channels. This behaviour infringed national law and Article 102 TFEU. Consequently, the PCA imposed a fine of EUR (...)

The Croatian Competition Authority finds no abuse of market power from a dominant company in the food supply sector (Zagrebačka pivovara)
Croatian Competition Agency (Zagreb)
Croatia 115 contributions 18337 visits
Lack of standing to act against Zagrebačka pivovara* On 1 June 2018 the Croatian Competition Agency (CCA) received an anonymous complaint regarding the alleged anti-competitive practices of Zagrebačka pivovara in the sense of abuse of the dominant position in the market, including the allegedly (...)

The Belgian Parliament adopts a proposal amending the national competition law in order to include the concept of abuse of economic dependence
Bird & Bird (Brussels)
Belgium 42 contributions 11797 visits
,
Allen & Overy (Brussels)
Belgium 28 contributions 3152 visits
,
Bird & Bird (Brussels)
Belgium 13 contributions 1969 visits
On 21 March 2019, the Belgian Parliament adopted a proposal amending Belgian competition law to include the concept of abuse of economic dependence in the toolbox of the Belgian Competition Authority (“BCA”) following the example of a number of other EU Member States. Under the new rules, it (...)

The Belgian Parliament adopts law regarding the abuse of economic dependence and unfair, misleading and aggressive practices between undertakings
Simmons & Simmons (Brussels)
Belgium 2 contributions 605 visits
,
Simmons & Simmons (Brussels)
Belgium 5 contributions 1540 visits
,
Simmons & Simmons (Brussels)
Belgium 21 contributions 15697 visits
On 21 March 2019, the Belgian parliament adopted a law (i) expanding the scope of Belgian competition law to also cover abuses of economic dependence, (ii) introducing a greylist and a blacklist of clauses in B2B agreements and (iii) prohibiting certain unfair, misleading and/or aggressive (...)

The Belgian Parliament adopts legislation allowing the Competition Authority to establish and sanction abuses of economic dependence
Freshfields Bruckhaus Deringer (Brussels)
Belgium 2 contributions 345 visits
,
Freshfields Bruckhaus Deringer (Brussels)
Belgium 3 contributions 406 visits
,
Freshfields Bruckhaus Deringer (Brussels)
Belgium 7 contributions 1914 visits
On 21 March, the Belgian Parliament adopted legislation introducing a new concept of abuse of economic dependence in Belgian competition law. The new provision will allow the Belgian Competition Authority (BCA) to establish and sanction abuses without the need to establish market dominance, (...)

The Italian Competition Authority opens an investigation against several incumbent gas distribution operators suspected to have abused individually their dominance (Ireti / Italgas / 2i Rete Gas)
Italian Competition Authority (Rome)
Italy 63 contributions 16190 visits
Antitrust investigation against Ireti, Italgas Reti and 2i Rete Gas for an alleged abuse of dominant position in the distribution of gas* On 12 March 2019 the ICA (Italian Competition Authority) has opened an investigation to assess whether Ireti Spa, Italgas Reti Spa and 2i Rete Gas Spa - the (...)

The EU Commission fines a company for abusing its dominant position in online advertising (Google AdSense)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64961 visits
On 20 March 2019, the European Commission (the “Commission”) announced that it had issued a decision imposing a € 1.49 billion fine on Google for breaching Article 102 of the Treaty on the Functioning of the European Union. According to the Commission, Google abused its dominant position in online (...)

The EU Commission imposes a fine of € 1.49 billion on a search engine company for abusing its dominant position by imposing restrictive clauses in contracts with third-party websites (Google AdSense)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Antitrust: Commission fines Google €1.49 billion for abusive practices in online advertising* The European Commission has fined Google €1.49 billion for breaching EU antitrust rules. Google has abused its market dominance by imposing a number of restrictive clauses in contracts with third-party (...)

The German Competition Authority opens a consultation regarding its draft guidelines for the control of abusive practices in the electricity generation and wholesale trade sector
German Competition Authority (Bonn)
Germany 432 contributions 109939 visits
Consultation on the control of abusive practices in electricity generation/wholesale trade: Bundeskartellamt and Bundesnetzagentur publish draft guidelines* The Bundeskartellamt and the Bundesnetzagentur are today starting a consultation process on draft guidelines for the control of abusive (...)

The UK Competition Authority closes its investigation into an allegedly abusive discount scheme in the pharmaceutical sector (Remicade)
White & Case (Brussels)
Belgium 54 contributions 55949 visits
,
White & Case (Brussels)
Belgium 38 contributions 64515 visits
,
White & Case (Brussels)
Belgium 14 contributions 10280 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The CMA Remicade decision: discount schemes and abuse of dominance – effects matter!* Summary On 14 March 2019, the UK Competition and Markets Authority (CMA) (...)

The Turkish Competition Authority launches an investigation into a search engine company for alleged abuse of dominance in the online search market (Google)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 11859 visits
Background Competition authorities all over the world, including the European Commission, German, French, Italian and Indian competition authorities, have launched many investigations against the well-known online search engine company Google, many of which ended with imposition of huge (...)

The Cypriot Competition Authority imposes a fine on an undertaking for abusing its dominant position by pricing water supply services in tourist area (Community Council of Kouklia)
Trojan Economics (Nicosia)
Cyprus 11 contributions 2179 visits
,
Stephanie Theodotou Lawyer (Cyprus)
9 contributions 1550 visits
Introduction On 12th March 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €78,889.28 on the Community Council of Kouklia (“CCK”) for a violation of Section 6(1)(a) of the Protection of Competition Law (Law 13(I)/2008), as amended (“Law”). (...)

The Italian Competition Authority initiates an investigation into a Big Tech online marketplace for applying discriminatory practices to different merchants (Amazon)
Portolano Cavallo (Milan)
Italy 60 contributions 8857 visits
,
Portolano Cavallo (Milan)
Italy 9 contributions 695 visits
According to the ICA’s preliminary findings, Amazon only granted sellers using Amazon’s own fulfillment and logistics services (FBA) advantages in terms of offer visibility and sales improvement on the Amazon marketplace, in comparison to sellers that are not customers of Amazon’s FBA services and (...)

The Canadian Competition Authority releases its updated abuse of dominance enforcement guidelines
Canadian Competition Bureau (Gatineau)
Canada 62 contributions 9051 visits
The Competition Bureau released its updated Abuse of Dominance Enforcement Guidelines. The guidelines provide an overview of the Bureau’s approach to enforcing the abuse of dominance provisions of the Competition Act. In March 2018, the Bureau released a draft copy of the guidelines for public (...)

The French Court of Appeal for Paris rules that a private enforcement claim is not time barred but dismisses it anyway for failure to evidence a causal link (EDF /Arkeos / Cap Eco Energie / APEM Energie / Sol’air Confort / Gavriane / Cap Sud)
Herbert Smith Freehills (Paris)
France 51 contributions 12138 visits
Brief summary of facts On 8 April 2009, the FCA issued a decision imposing interim measures to EDF relating to potential abusive practices in the photovoltaic solar power sector (favouring its own subsidiary in an emerging market). On 17 December 2013, it fined EDF for abuse of dominance. It (...)

The Croatian Competition Authority opens an ex-officio proceeding against a dominant reseller suspected to impose restrictive clauses to its suppliers (Plodine)
Croatian Competition Agency (Zagreb)
Croatia 115 contributions 18337 visits
CCA opens UTPs infringement proceeding against re-seller PLODINE* The Croatian Competition Agency (CCA) opened the infringement proceeding against the undertaking Plodine from Rijeka after having detected one or more unclear and possibly contestable provisions in the contracts concluded (...)

Mergers

 The Belgian Competition Authority accepts partially a request to lift the remedies imposed to clear a merger in the cinema theatres market (Kinepolis)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21275 visits
The Belgian Competition Authority has partially accepted the request of Kinepolis to lift the conditions imposed in 1997 and modified in 2010, as from 25 March 2019* On 31 March 2017 Kinepolis has filed a request to lift the conditions imposed by the Competition Council in 1997 in respect of (...)

The EU Commission opens an in-depth investigation concerning a merger in the market of supply of various semi-finished aluminium products (Novelis / Aleris)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Mergers: Commission opens in-depth investigation into Novelis’ proposed acquisition of Aleris* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Aleris by Novelis under the EU Merger Regulation. The Commission is concerned that the proposed (...)

The EU Commission conditionally approves a merger in the agrimachinery businesses in the Baltic countries (Agro / Konekesko Baltic)
Hannes Snellman (Helsinki)
Finland 23 contributions 2910 visits
,
Bird & Bird (Helsinki)
Finland 14 contributions 1024 visits
The recent decision of the European Commission (“EC”) regarding Danish Agro’s acquisition of Konekesko’s agrimachinery businesses in Finland, Estonia, Latvia and Lithuania provides for an interesting opportunity to compare the approach of the Finnish Competition and Consumer Authority (“FCCA”) and (...)

The EU Commission clears a merger subject to remedies in the market of distribution of agricultural machinery (Agro / Konekesko Baltic)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Mergers: Commission approves Danish Agro’s acquisition of Konekesko’s Baltic and Finnish agrimachinery businesses, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition by Danish Agro of Konekesko’s agricultural machinery distribution (...)

The EU Commission clears a merger subject to remedies in the markets of insurance broking services (JLT / MMC)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Mergers: Commission approves acquisition of Jardine Lloyd Thompson by Marsh & McLennan Companies, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Jardine Lloyd Thompson (“JLT”) by Marsh & McLennan Companies (“MMC”). The (...)

The Hellenic Competition Authority clears a merger concerning the acquisition of sole control of a company in the chemical sector (Ravago / Delis)
Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1960 visits
RAVAGO S.A. / DR. D. A. DELIS S.A. (HCC 681/2019) The HCC unanimously cleared in a Phase I procedure and pursuant to Article 8 paragraph 3 of Greek Competition Act (Law 3959/2011), a concentration notified on 25.01.2019, concerning the acquisition of sole control of “Dr. D.A. DELIS S.A.” by (...)

The EU Commission conditionally approves a merger in the market for aircraft slat systems (Spirit / Asco)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70716 visits
On 20 March 2019, the Commission conditionally approved the acquisition of Asco by Spirit. The Commission was concerned that the deal would reduce competition in the market for aircraft slat systems. These parts allow the wing of an aircraft to operate at a higher ‘angle of attack’, which (...)

The EU Commission clears a merger subject to remedies in the aerospace equipment industry (Spirit / Asco)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Mergers: Commission approves acquisition of Asco by Spirit, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Asco by Spirit. Both companies are active in the aerospace equipment industry worldwide. The approval is conditional on (...)

The EU Commission refers to the French Competition Authority the examination of a merger in the audiovisual sector (Salto)
French Competition Authority (Paris)
France 726 contributions 379047 visits
Audiovisual sector* On 18 March 2019, the European Commission referred to the Autorité de la concurrence the examination of the creation of Salto, a joint venture of the France Télévisions, Métropole Télévision and TF1 groups. Salto is intended to offer the free-to-air DTT channels (live broadcast (...)

The French Competition Authority clears a merger in the motor vehicle distribution sector and establishes a new method for analysing mergers in this sector (Bernard Participations / Emil Frey Motors France and Fiber)
French Competition Authority (Paris)
France 726 contributions 379047 visits
Distribution of motor vehicles* The Autorité de la concurrence clears the acquisition of joint control of the company Bernard Participations SAS by the company Emil Frey Motors France and the company Fiber. This transaction led the Autorité to review its method for analysing mergers in the (...)

The UK Government adopts the Furman report to reshape the UK competition policy
Works in Progress (San Francisco)
United States 2 contributions 108 visits
The Furman Report is a Flimsy Basis for a New UK Competition Policy* Earlier this year the UK government announced it was adopting the main recommendations of the Furman Report into competition in digital markets and setting up a “Digital Markets Taskforce” to oversee those recommendations being (...)

The Israeli Competition Authority reaches a consent decree after fining foreign company for failing to notify its acquisition of a domestic medical equipment manufacturer (Visionsense / Medtronic)
Israel Competition Authority (Jerusalem)
Israel 15 contributions 1867 visits
Notice of intent to file an agreed order for court approval* I hereby announce that in thirty days I intend to request the Competition Tribunal to exercise its permanent jurisdiction in section 50B of the Economic Competition Act, 1988 (hereinafter the Act), and give the agreement between me (...)

The UK Competition Authority fines a company for failure to comply with initial enforcement order (JLA / Washstation)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70716 visits
On 8 March 2019, the UK’s Competition and Markets Authority (“CMA”) fined JLA £120,000 for failure to comply with an initial enforcement order (“IEO”). Under UK competition law, the CMA may impose an IEO on merging parties to prevent them from taking pre-emptive action which might prejudice the (...)

The US District Court for the Southern District of New York receives a complaint from a manufacturer of refrigeration compressors that a would-be acquirer failed to discharge its obligations under a "hell or high water" clause (Whirlpool / Nidec)
Orrick, Herrington & Sutcliffe (Washington)
United States 10 contributions 9616 visits
The phrase “come hell or high water” is said to have originated in the late 1800s in reference to the conditions cattle herders encountered when they trekked from Texas to the Midwest across large prairies in the summer heat and through deep rivers. In the merger context, a hell or high water (...)

The EU Commission opens an in-depth investigation concerning a merger in retail markets for electricity and gas (E.ON / Innogy)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Mergers: Commission opens in-depth investigation into E.ON’s proposed acquisition of Innogy* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Innogy by E.ON under the EU Merger Regulation. The Commission has concerns that the proposed (...)

The Italian Competition Authority opens an in-depth investigation to assess a proposed acquisition in the pay-TV market (Sky / R2)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5207 visits
On 7 March 2019, the Italian Competition Authority ("AGCM") opened an in-depth investigation (phase II) to assess the proposed acquisition of R2 S.r.l., the Operation Pay branch of Mediaset Premium, by Sky Italia S.r.l. and Sky Italian Holdings S.p.A. The investigation is aimed at examining (...)

The Polish Competition Authority conditionally clears merger between two companies in the chemical sector (ACP Europe / Eurocylinder)
Polish Competition Authority (Warsaw)
Poland 107 contributions 19614 visits
Condition for Air Products&Chemicals* Air Products&Chemicals are allowed to take ACP Europe and Eurocylinder over, but under certain conditions. Thus, prices of carbonated beverages will not increase. This is the first conditional decision UOKiK has made this year. The President of (...)

The Hellenic Competition Authority clears an acquisition in the insurance industry involving stock acquisition (American International Group / AIG Hellas)
Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1960 visits
American International Group, Inc. / AIG HELLAS S.A. (HCC 677/2019) A notable concentration, in the insurance industry involving the 100% stock acquisition of «AIG HELLAS S.A. » (hereinafter called the « AIG HELLAS ») by «AIG International Holdings GmbH» (hereinafter called the «AIG International» (...)

State Aid

 The EU Court of Justice holds that funds generated by the EEG surcharges do not constitute State resources (EEG surcharge)
Deloitte (Brussels)
Belgium 12 contributions 4241 visits
,
CELIS Institute (Berlin)
Germany 6 contributions 1855 visits
,
Hausfeld (London)
United Kingdom 8 contributions 3069 visits
On Thursday, 28 March, the European Court of Justice of the European Union (ECJ) annulled the General Court’s ruling and the European Commission’s decision on the EEG 2012 on the grounds that it was wrong to conclude that the funds generated by the EEG surcharge constituted State resources. In (...)

The EU General Court annuls a Commission decision ordering the recovery of a €300M rescue package for a failing bank from a consortium of banks reasoning that the fact that the consortium has a public mandate does not necessarily mean the rescue package qualifies as State aid (Banca Popolare di Bari / Fondo interbancario di tutela dei depositi / Banca d’Italia / Banca Tercas)
Jones Day (Brussels)
Belgium 10 contributions 2480 visits
In Short The Situation: The EU General Court annulled the European Commission’s ("Commission") decision that Fondo Interbancario’s support payment to financially distressed Banca Tercas breached EU State aid rules. Fondo Interbancario is a mandatory deposit guarantee scheme in Italy. (...)

The EU General Court annuls Commission’s State aid decision on support payments which were found as incompatible with national laws (Banca Tercas)
Clariant (Pratteln)
Switzerland 1 contribution 27 visits
,
Jones Day (Brussels)
Belgium 10 contributions 2480 visits
In Short The Situation: The EU General Court annulled the European Commission’s ("Commission") decision that Fondo Interbancario’s support payment to financially distressed Banca Tercas breached EU State aid rules. Fondo Interbancario is a mandatory deposit guarantee scheme in Italy. (...)

The EU General Court confirms the compatibility of Polish State aid granted to its postal operator (Inpost Paczkomaty)
Arendt & Medernach (Luxembourg)
Luxembourg 55 contributions 108748 visits
The source of this dispute is a Commission decision not to raise objections to the measure notified by Polish authorities concerning the aid granted to Poczta Polska ("PP") in the form of compensation for the net cost of fulfilling its universal postal service obligations for the period between (...)

The EU Court of Justice provides guidance on the duty of recovery in case of non-compliance with block exemption regulation (Eesti Pagar)
Van Bael & Bellis (Brussels)
Belgium 152 contributions 32841 visits
On 5 March 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on a request for preliminary ruling by the Court of Appeal of Tallinn, Estonia, concerning a dispute on certain State aid granted by the Estonian authorities to Eesti Pagar, an Estonian bakery founded in (...)

Procedures

 The EU Court of Justice rules on the scope of a national limitation period in light of the Damages Directive (Cogeco / Sport TV Portugal)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46058 visits
On 28 March 2019, the Court of Justice of the European Union (“ECJ”) ruled on a preliminary reference from a Portuguese court on the scope of the Portuguese limitation period in light of Directive 2014/104 on certain rules governing actions for damages under national law for infringements of the (...)

The EU Court of Justice holds that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco / Sport TV Portugal)
Hogan Lovells (Munich)
Germany 21 contributions 3612 visits
,
Hogan Lovells (Munich)
Germany 16 contributions 818 visits
The European Court of Justice in Cogeco rejects a direct effect of the Damages Directive in the pre-implementation phase, but establishes that the principle of effectiveness may itself render national rules on limitation of antitrust damages claims ineffective. The European Court of Justice (...)

The EU Court of Justice holds that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco / Sport TV Portugal)
Sérvulo (Lisbon)
Portugal 2 contributions 696 visits
The first preliminary ruling on Directive 2014/104/EU: Case 637/17 Cogeco* Introduction With two major decisions, March 2019 was an interesting month with regard to the Court of Justice’s (also ‘ECJ’) case-law on private enforcement of competition law: Skanska (C-724/17) and Cogeco (C-637/17). (...)

The Dutch Parliament passes legislation that will enable opt-out damages claims in relation to a broad range of causes of action including antitrust infringements and those based on violations of consumer, environmental, and data protection laws
Hausfeld (London)
United Kingdom 11 contributions 1534 visits
,
Hausfeld (Washington)
United States 2 contributions 245 visits
As part of a larger trend in Europe, the Dutch Parliament has passed legislation that will enable opt-out damages claims in relation to a broad range of causes of action, including antitrust infringements and those based on violations of consumer, environmental, and data protection laws. The (...)

The UK Competition and Markets Authority issues its first fine on a company for concealing relevant evidence during a dawn raid (Fender Europe)
DLA Piper (London)
United Kingdom 28 contributions 11254 visits
,
Akin Gump Strauss Hauer & Feld (London)
United Kingdom 2 contributions 941 visits
In March 2019, the UK Competition and Markets Authority ("CMA") issued its first fine on a company for concealing relevant evidence during a dawn raid, fining Fender Musical Instruments Europe Limited £25,000. This is the latest example of the trend among competition authorities to hold (...)

The UK Competition Authority issues its first fine for concealing documents during a dawn raid (Fender)
Bird & Bird (London)
United Kingdom 19 contributions 3294 visits
,
Bird & Bird (London)
United Kingdom 28 contributions 3248 visits
On 17 April 2018, the CMA carried out a dawn raid at the premises of Fender Musical Instruments Europe Limited ("Fender"), a guitar manufacturer based in England, launching an investigation under Chapter I of the Competition Act 1998 ("CA98") and Article 101 TFEU. Section 27 of the CA98 gives (...)

The EU Commission announces the launch of its new online tool for companies to submit statements and documents in leniency and settlements proceedings (eLeniency)
Bird & Bird (Brussels)
Belgium 42 contributions 11797 visits
On 19 March 2019, the European Commission (“EC”) announced the launch of "eLeniency", its new online tool for companies to submit statements and documents in leniency and settlement proceedings in cartel and in non-cartel proceedings under Articles 101 and 102 TFEU, where an undertaking (...)

The EU Commission introduces an online tool for the submission of evidence in cartel and non-cartel cooperation proceedings
Herbert Smith Freehills (Brussels)
Belgium 108 contributions 68672 visits
,
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8544 visits
,
Amazon (Brussels)
Belgium 3 contributions 565 visits
The EU Commission introduces an online tool for the submission of evidence in cartel and non-cartel cooperation proceedings

The UK Competition Appeal Tribunal receives notice of a class action brought against major national rail companies (Justin Gutmann / First MTR South Western Trains / London & South Eastern Railway)
Osborne Clarke (London)
United Kingdom 24 contributions 545 visits
Brief summary of facts The claims are for the damages of a large number of rail passengers who have suffered loss as a result of the conduct of the Respondent/Proposed Defendant. The proposed class members are holders of Transport for London (“TfL”) zonal tickets (“Travelcards”) who have been (...)

Regulatory

 The Australian Competition Authority publishes the draft that set out how the consumer data right is implemented and how it operates in practice in the banking sector
Bird & Bird (Sydney)
Australia 21 contributions 2290 visits
,
Bird & Bird (Sydney)
Australia 28 contributions 3224 visits
On 29 March 2019, the Australian Competition and Consumer Commission (“ACCC”) published the draft Competition and Consumer (Consumer Data) Rules 2019 (the “Draft Rules”). The Draft Rules set out how the Consumer Data Right (the “CDR”) will be implemented, and how it will operate in practice. The CDR (...)

The French Competition Authority issues an opinion on electricity’s regulated retail tariffs
French Competition Authority (Paris)
France 726 contributions 379047 visits
Electricity tariffs* The Autorité de la concurrence advises against increasing regulated retail tariffs without first clarifying their purpose. Having been informed on 27 February 2019, by the French Minister of the Economy, of the French government’s intention to change the level of the (...)

The French Competition Authority issues an opinion against the 7,7% increase in the tariffs of regulated retail electricity proposed by the energy regulator
Vaillant Group (Paris)
22 contributions 3221 visits
,
Bird & Bird (Paris)
France 23 contributions 3075 visits
On March 25th 2019, the French Competition Authority (“FCA”) issued – on its own initiative - an opinion in which it advises against the 7.7 % increase in the tariffs of regulated retail electricity proposed by the French energy regulator (“CRE”) in a ruling adopted in February 2019. The FCA raised (...)

The EU Parliament and Council enact a regulation establishing a framework for the screening of foreign direct investments into the EU
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 29 contributions 31415 visits
,
Macfarlanes (Brussels)
Belgium 15 contributions 15965 visits
,
Cleary Gottlieb Steen & Hamilton (Paris)
France 12 contributions 9454 visits
…
On October 11, 2020, the EU Foreign Direct Investment Regulation—which establishes a European framework for the screening of foreign investments into the European Union— entered into force. The legislation attempts to address growing concerns (compounded by the COVID-19 pandemic) regarding (...)

The EU Parliament publishes the foreign direct investment screening regulation
Bird & Bird (Brussels)
Belgium 7 contributions 1340 visits
In the autumn of next year, the long anticipated EU Foreign Direct Investment Screening Regulation (FDIR) will apply. While the FDIR does not establish a European equivalent of the Committee on Foreign Investment in the United States (CFIUS), it is nonetheless likely to have a significant (...)

The EU Parliament establishes a bloc-wide framework for the screening by the Member States of foreign direct investment into the EU
Morgan, Lewis, & Bockius (Brussels)
Belgium 5 contributions 2517 visits
,
Morgan, Lewis, & Bockius (Brussels)
Belgium 9 contributions 3720 visits
,
Morgan Lewis (Washington)
United States 2 contributions 773 visits
The European Parliament adopted a new regulation on March 19 establishing a bloc-wide framework for the screening by EU member states of foreign direct investment (FDI) into the European Union (the FDI Regulation). The FDI Regulation seeks to ensure a consistent framework throughout the (...)

The EU Council greenlights the regulation on the screening of foreign direct investments into the EU
White & Case (Frankfurt)
Germany 2 contributions 517 visits
,
White & Case (Düsseldorf)
France 31 contributions 12704 visits
,
White & Case (Frankfurt)
Germany 1 contribution 341 visits
The European Council (“Council”) greenlighted the regulation on the screening of foreign direct investments into the EU (“Regulation”) at the beginning of March. Following its publication in the Official Journal on 21 March 2019, the Regulation will go live 20 days thereafter, i.e. on 10 April (...)

The EU Parliament establishes a framework for the screening of foreign direct investments into the EU
Steptoe & Johnson (Brussels)
Belgium 9 contributions 2638 visits
,
Jones Day (Frankfurt)
Germany 13 contributions 3494 visits
,
Jones Day (Paris)
France 5 contributions 977 visits
…
On 21 March 2019, Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (“FDI Regulation”) was published in the Official Journal of the European Union. The FDI Regulation (...)

The EU Parliament and Council pass a foreign direct investment regime establishing a framework for the screening of FDI into the Union
Sullivan & Cromwell (London)
United Kingdom 2 contributions 550 visits
,
Sullivan & Cromwell (Brussels)
Belgium 4 contributions 1255 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Summary On 10 April 2019, Regulation (EU) 2019/452 (the “Regulation”) entered into force, establishing a European Union framework for the screening of foreign (...)

The Chinese National People’s Congress adopts a foreign investment law
White & Case (Beijing)
China 1 contribution 90 visits
On March 15, 2019, the National People’s Congress of China adopted the new Foreign Investment Law (“FIL”), with a view toward unifying and streamlining the foreign investment framework in China. The FIL will come into effect on January 1, 2020. The FIL creates a general framework that will place (...)

The Chinese National People’s Congress adopts a foreign investment law providing stronger protection and a better business environment for foreign investors
AnJie Broad Law (Beijing)
China 1 contribution 124 visits
On March 15, 2019, China’s national legislature, the National People’s Congress passed the Foreign Investment Law (the “Law”), a landmark legislation that will provide stronger protection and a better business environment for foreign investors. The Law will take effective on January 1, 2020. Upon (...)

The UK Digital Competition Expert Panel releases its report setting out its proposed changes for effective regulation of the digital economy
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 126 visits
,
Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 18837 visits
,
Freshfields Bruckhaus Deringer (London)
United Kingdom 4 contributions 875 visits
On 13 March 2019, the UK’s Digital Competition Expert Panel, led by advisor to former US President Barack Obama, Professor Jason Furman, released its report setting out its proposed changes for effective regulation of the digital economy (the Report). UK Chancellor, Phillip Hammond, who (...)

The Canadian Competition Authority publishes a revised version of its IP enforcement guidelines with particular importance for pharmaceutical companies
Norton Rose Fulbright (Montreal)
Canada 1 contribution 32 visits
,
Norton Rose Fulbright (Toronto)
Canada 1 contribution 32 visits
,
Norton Rose Fulbright (Toronto)
Canada 1 contribution 32 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 13, the Competition Bureau published a revised version of its IP Enforcement Guidelines (IPEGs). The IPEGs clarify the Bureau’s approach to conducting (...)

The Japan Anti-Monopoly Act grants new powers to the Japanese Fair Trade Commission when accepting voluntary commitments from companies suspected of having infringed the Act
Freshfields Bruckhaus Deringer (Tokyo)
Japan 2 contributions 220 visits
,
Freshfields Bruckhaus Deringer (Tokyo)
Japan 4 contributions 515 visits
Recent amendments to Japan’s Anti-Monopoly Act (AMA) that came into effect on 1 January 2019 give the country’s competition regulator, the Japan Fair Trade Commission (JFTC), powers to accept voluntary commitments from companies suspected of having infringed the AMA. This will allow the JFTC to (...)

The Japanese FTC takes note of a bill proposing to amend the Anti-Monopoly Act to introduce attorney-client privilege, alter the leniency system and method for calculating fines
White & Case (Tokyo)
Japan 21 contributions 3264 visits
,
White & Case (Tokyo)
Japan 2 contributions 32 visits
,
White & Case (Tokyo)
Japan 20 contributions 3176 visits
…
The Cabinet of Japan submitted a bill (the "Bill") to amend the Anti-Monopoly Act (the "AMA") to the Diet on March 12, 2019. The Bill includes amendments to (i) the method for surcharge calculations, (ii) the leniency system and (iii) criminal penalties for obstruction of investigations by the (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues