May 2010

Anticompetitive practices

 The EU Commission consults on commitments offered by a credit card company concerning multilateral interchange fees (Visa Europe)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 94713 visits
The European Commission has recently consulted on commitments offered by Visa Europe in the context of the Commission’s ongoing investigation into multilateral interchange fees (“MIF”). MIFs are charged by a cardholder’s bank (the “issuing bank”) to a merchant’s bank (the “acquiring bank”) for (...)

The German Competition Authority imposes total fines of € 115 M in the sector of spectacle lenses (Carl Zeiss Vision / Essilor / Hoya Lens Deutschland / Rodenstock / Rupp+Hubrach Optik)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 94713 visits
According to a press release of 28 May 2010, the German Federal Cartel Office (“FCO”) has imposed fines totalling € 115 million on five manufacturers of spectacle lenses, seven employees and a national association of opticians (“ZVA”) for their involvement in two cartel agreements. The (...)

The England & Wales Court of Appeal holds that mutual dishonesty is not required in order to satisfy the dishonesty element of the cartel offence under section 188 Enterprise Act 2002 (British Airways)
Simmons & Simmons (London)
United Kingdom 4 contributions 480 visits
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Simmons & Simmons (London)
United Kingdom 19 contributions 4855 visits
On 28 May 2010, the criminal division of the Court of Appeal handed down an important judgment in which it considered the correct ingredients of the dishonesty element of the cartel offence established by section 188 of the Enterprise Act 2002. The ingredients of dishonesty in the context of (...)

The European Commission adopts new competition law framework for motor vehicle distribution and repair
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
On 27 May 2010, after an intensive and controversial review of the current regime lasting two years, the European Commission adopted Commission Regulation 461/2010 concerning the application of Article 101(3) TFEU to vertical agreements in the motor vehicle sector (the “New MVBER”) and its (...)

The Chinese State Administration for Industry and Commerce (SAIC) issues new draft rules under the Chinese Anti-monopoly law increasing flexibility on leniency program
AnJie Broad Law (Beijing)
China 44 contributions 12555 visits
China’s Leniency Program Taking a Hazy Shape* Leniency program is an effective tool in exposing cartels. This has been confirmed by over 20 antitrust jurisdictions having leniency program around the world. China joined the club on August 1, 2008, when the Anti-Monopoly Law of PRC (“AML”) (...)

The Chinese SAIC publishes new draft rules on monopoly agreements
Jones Day (Shanghai)
China 51 contributions 24065 visits
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 12223 visits
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Jones Day (Beijing)
China 44 contributions 21046 visits
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On May 25, 2010, the State Administration of Industry and Commerce ("SAIC") published for public comment three sets of draft rules. These (1) "monopoly agreements," that is, anticompetitive agreements, (2) abuses of dominant market position, and (3) "administrative monopolies," anticompetitive (...)

The US Supreme Court applies a functional test to determine whether joint venture activity triggers antitrust liability (American Needle / National Football League)
Plant Powered Metro (New York)
United States 4 contributions 2428 visits
Introduction Section 1 of the Sherman Act outlaws contracts, combinations and conspiracies that unreasonably restrain trade. Therefore, to establish liability under Section 1, it is necessary to show a plurality of actors in agreement; there can be no contract, combination or conspiracy with (...)

The US Supreme Court decides when antitrust liability applied to participants in a joint venture (American Needle / NFL)
McDermott Will & Emery (Washington)
United States 34 contributions 6768 visits
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McDermott Will & Emery (Chicago)
United States 15 contributions 3437 visits
In a unanimous decision issued on May 24, 2010, the Supreme Court of the United States clarified when participants in a joint venture may face antitrust liability for their joint activities. In American Needle, Inc. v. National Football League, Inc., et al, the Supreme Court ruled that the (...)

The US Supreme Court finds that a football league and its members should not be treated as a single entity (American Needle / National Football League)
Equinix (Denver)
United States 7 contributions 16097 visits
American professional sports associations such as the National Basketball Association (NBA), the National Football League (NFL), the National Hockey League (NHL), and the Major League Baseball (MLB) generate significant economic activity. In 2010, their combined revenue exceeded $21 billion (...)

The US Supreme Court rejects special sports league exemption from antitrust scrutiny adopting a narrow view of Copperweld immunity (American Needle / National Football League)
Jones Day (New York)
United States 1 contribution 446 visits
The U.S. Supreme Court adopts a narrow view of Copperweld immunity in American Needle, Inc. v. National Football League Section 1 of the Sherman Antitrust Act is, in important ways, extraordinary in its simplicity. It broadly prohibits all agreements—“[e]very contract, combination . . . or (...)

The US Supreme Court holds that teams of the national football league are engaged in concerted practices (American Needle / National Football League)
IPR University Center (Helsinki)
Finland 29 contributions 5512 visits
U.S. Supreme Court holds licensing activities of NFL teams were joint conduct subject to § 1 Sherman Act* On 24 May 2010 the U.S. Supreme Court held that teams of the National Football League (“NFL”) engaged in concerted action subject to Section 1 Sherman Act when licensing their (...)

The Polish Competition Authority fines members of a price maintenance agreement on the paint market (Tikkurila / Castorama / Praktiker)
Greenberg Traurig (Warsaw)
Poland 30 contributions 80226 visits
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Hogan Lovells (Warsaw)
Poland 4 contributions 2564 visits
Background The market for the wholesale of paints in Poland has been subject to special scrutiny by the Office for Competition and Consumer Protection (the OCCP). The first case concerning the illegal collusion between the paint producer (Polifarb Cieszyn) and its distributors was examined (...)

The US Supreme Court reverses the lower court’s decisions addressing the issue of single entity notion under antitrust law (American Needle / National Football League)
University of Pennsylvania
United States 12 contributions 6721 visits
American Needle, Inc. v. National Football League* In American Needle, Inc. v. National Football League, 130 S.Ct. 2201 (2010), the Supreme Court held that the NFL acting through its incorporated subsidiary NFL Properties, Inc. (NFLP) was not a single entity but rather a combination of its (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on several manufacturers of optical fiber cable products for price-fixing (Sumitomo Electric)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24827 visits
Cease and Desist Orders and Surcharge Payment Orders against Manufacturers of Optical Fiber Cable Products* The Japan Fair Trade Commission (JFTC), under the provisions of the Antimonopoly Act (AMA), has investigated companies engaged in manufacturing and selling optical fiber cable products (...)

The Belgian Competition Council fines four undertakings for participating in a cartel in the radiators market (Masco, Quinn, Radson, Caradon)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220031 visits
Belgium: Fines imposed on Cartel in the Market for Radiators On 20 May 2010, the Competition Council fined four undertakings for participating in a cartel on the Belgian steel plate radiators market. The investigation of the competition authorities was based on two leniency applications. (...)

The Swedish Competition Authority orders three undertakers to pay administrative fines for anticompetitive cooperation in the form of collusive tendering in public procurement processes (Funeral services)
Vinge (Stockholm)
Sweden 18 contributions 18707 visits
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Swedish Competition Authority (Stockholm)
Sweden 4 contributions 4282 visits
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Bokwall Rislund (Stockholm)
Sweden 4 contributions 4282 visits
Introduction On May 19, 2010, the Swedish Competition Authority (“SCA”) ordered the three undertakers (funeral directors), Fonus ekonomisk förening (”Fonus”), Säffle-Åmåls Begravningsbyrå AB (”Säffle-Åmåls”) and Begravningsbyrån Roland Andersson Aktiebolag (“Roland Andersson”) to pay (...)

The European Commission reaches first cartel settlement and imposes fines in the DRAM industry (Micron / Infineon)
Winston & Strawn (New York)
United States 1 contribution 627 visits
On May 19, 2010, the EC announced that, for the first time, it had resolved a cartel case through the use of its settlement procedure. The groundbreaking settlement resolved the EC’s investigation of ten producers of Dynamic Random Access Memory (“DRAM”) chips used in computers and servers. As (...)

The Portuguese Competition Authority condemns a professional association for anticompetitive practices in the training market (Order of Certified Accountants)
Sérvulo (Lisbon)
Portugal 18 contributions 26029 visits
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University of Lisbon
Portugal 19 contributions 10756 visits
The Portuguese Competition Authority (PCA) has found that the Order of Certified Accountants (OCA or OTOC, in Portuguese), formerly named Chamber of Certified Accountants (until Decree-Law 310/2009) has breached articles 101 and 102 TFEU, and their national equivalents (articles 4 and 6 of (...)

The EU General Court affirms Commission’s rejection of complaint on cement standard (EMC Development)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 94713 visits
On 12 May 2010, the General Court dismissed an appeal lodged by EMC Development (“EMC”), a Swedish company active in the commercial exploitation of specialist cement production technology, against a Commission decision rejecting its complaint alleging the infringement of Article 101 TFEU by a (...)

A UK Jury, following the UK OFT’s withdrawal of its criminal proceedings for price-fixing charges, acquits executives of airline company (British Airways)
Sahn Ward Braff Koblenz (New York)
United States 1 contribution 331 visits
On May 10, 2010, the presiding judge ordered a London jury to acquit four British Airways executives of charges stemming from their alleged involvement in a price-fixing conspiracy between Virgin and British Airways to maintain the prices of passenger fuel surcharges, following the discovery (...)

The Spanish Competition Authority opens formal proceedings on anti-competitive practices in the plastic containers for fruit and vegetable packaging sector (INFIA, S.r.l.-Divisione ILIP, AGROENVAS and VERIPACK EMBALAJES)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
Spain/Italy: The Italian Competition Authority (AGCM) carries out Inspections on behalf and for the account of the Comision Nacional de la Competencia (CNC) On 2 March 2010, inspectors from the CNC have carried out inspections at the head offices of the leading makers and sellers of plastic (...)

The UK Competition Authority concludes the promising criminal case brought against the main national airline’s executives (British Airways)
Innovate Finance (London)
France 29 contributions 90102 visits
I. Legal background The UK criminalized competition law in 2002 by adopting the Enterprise Act, which came into force in June 2003. It set up a whole new framework to prosecute, on a criminal basis, the individuals responsible for the establishment and implementation of hard-core cartels: (...)

The Bulgarian Competition Authority fines € 90.000 a professional association for setting and disseminating recommended prices for construction services (Bulgarian Construction Chambers)
University of Macau - Faculty of Law
China 284 contributions 226059 visits
On 4 May 2010 the Bulgarian Competition Authority (CPC) concluded its investigation into the existence of anticompetitive practices on the national market for construction services and prosecuted the Bulgarian Construction Chamber (KSB) for the infringement of national equivalent of Article (...)

The EU Commission opens consultation on draft block exemption regulation on research & development agreements
Van Bael & Bellis (Brussels)
Belgium 389 contributions 94713 visits
On 4 May 2010, the Commission opened a public consultation on the treatment of various types of horizontal cooperation agreements under the EU competition rules. The consultation forms part of the Commission’s preparation of new block exemption regulations and guidelines for horizontal (...)

The EU Commission publishes draft rules for the assessment of horizontal cooperation agreements under competition law
IPR University Center (Helsinki)
Finland 29 contributions 5512 visits
European Commission publishes draft guidelines on horizontal agreements and R&D block exemption regulation* On 4 May 2010 the European Commission published, for public consultation, draft guidelines on horizontal agreements and two related draft block exemption regulations, including one (...)

The Macedonian Competition Authority finds the existence of anticompetitive practices on the market for mandatory technical certification of motor vehicles (Macedonian Drivers Union)
University of Macau - Faculty of Law
China 284 contributions 226059 visits
On 4 May 2010 the Macedonian Competition Authority (KZK) found that Macedonian Drivers Union (SVM) has infringed national equivalent of Article 101(1) TFEU by fixing prices for the mandatory technical certification services provided by its member organizations - local drivers clubs. The (...)

Unilateral Practices

 The Russian Supreme Commercial Court upholds a €28.5 million fine on a British-Russian oil company for abuse of dominance (TNK-BP)
RBB Economics (Brussels)
Belgium 7 contributions 8067 visits
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RBB Economics (Brussels)
Belgium 13 contributions 11375 visits
BACKGROUND In 2008 the Federal Antimonopoly Service (FAS) of the Russian Federation found four major Russian vertically integrated oil companies (TNK-BP, Rosneft, Lukoil and Gazprom Neft) guilty of abusing a collective dominant position on the wholesale Russian market for motor fuel products (...)

The Chinese Anti-Monopoly Law Enforcer publishes new draft rules on abuses of dominance
Jones Day (Shanghai)
China 51 contributions 24065 visits
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 12223 visits
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Jones Day (Beijing)
China 44 contributions 21046 visits
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On May 25, 2010, the State Administration of Industry and Commerce ("SAIC") published for public comment three sets of draft rules. These address (1) "monopoly agreements," that is, anticompetitive agreements, (2) abuses of dominant market position, and (3) "administrative monopolies," (...)

The Milan Tribunal rejects a request for injunctive relief against the Italian soccer association for illegitimate award procedures of TV rights for the live broadcast of soccer matches (Conto TV / Lega Calcio)
Italian Competition Authority (Rome)
Italy 4 contributions 5732 visits
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Luiss Guido Carli University (Rome)
Italy 7 contributions 8634 visits
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Luiss Guido Carli University (Rome)
Italy 15 contributions 11461 visits
CONTO TV S.r.l. (CONTO TV) is a small broadcasting company operating satellite TV in Italy. LEGA CALCIO is the Italian Soccer Association, entrusted by the Italian law (Law no. 106/2007 and Legislative Decree n. 9/2008) with the task of selling soccer matches audio-television rights of its (...)

The Bulgarian Competition Authority fines margin squeeze on the construction services market (International Fair Plovdiv)
University of Macau - Faculty of Law
China 284 contributions 226059 visits
Following a complaint submitted by the Association for Fair and Exhibition Services (the Association) in August 2009 the Bulgarian Competition Authority (CPC) initiated an investigation on the alleged abuse of dominance on the market for construction services rendered on the territory of the (...)

The Italian Competition Authority closes investigating into alleged abuses of a dominant position of a ferry operator by imposing a set of behavioural commitments (T-Link / Grandi Navi Veloci)
Municipality of Cagliari
168 contributions 134099 visits
Introduction By a commitment decision the Italian Competition Authority (ICA) has closed investigation into foreclosing conducts carried out by a major Italian ferry operator, Grandi Navi Veloci (GNV) in the market for maritime links between Northern Italy and Western Sicily. The most (...)

The French Competition Authority rejects a claim for interim measures but holds that a pharmaceutical company may be at fault for promoting the differences between its product and competing for generic products whereas such differences have no therapeutic value (Sanofi-Aventis)
Vogel & Vogel (Paris)
France 94 contributions 119410 visits
Since 1998, the Sanofi-Aventis France laboratory has been marketing an antiplatelet medication, Plavix(r), whose intellectual property protection expired on 15 July 2008 in Europe, with the exception of the rights protecting clopidogrel salt used in Plavix(r) and the clopidogrel-aspirin (...)

The French Competition Authority opens in-depth investigation of alleged abuse of dominance as regards the exclusion of generic competition (Sanofi-Aventis)
Ashurst (Milan)
Italy 103 contributions 30051 visits
French Competition Authority probes Sanofi-Aventis alleged abuse against generic manufacturers* On 17 May 2010, the French Autorité de la concurrence (French Competition Authority, “FCA”) determined to open a fully fledged investigation (under Article 102 TFEU) into Sanofi-Aventis allegedly (...)

The Italian Competition Authority publishes commitments offered to put an end to an antitrust investigation under article 102 TFEU concerning the use of newspaper content (Google Italy)
Ashurst (Milan)
Italy 103 contributions 30051 visits
Google offers commitments to close investigation in Italy* On 14 May 2010, the Italian Competition Authority (“AGCM”) published the commitments (available on the AGCM website) offered by Google to put an end to an antitrust investigation of its Google News service under Article 102 TFEU (see (...)

The Bulgarian Supreme Administrative Court partially upholds the decision of the Bulgarian Competition Authority finding an abuse of dominance on the market for electricity distribution and accessory services (CEZ Distribution Bulgaria)
University of Macau - Faculty of Law
China 284 contributions 226059 visits
On 10 May 2010 the five-member panel of the Bulgarian Supreme Administrative Court (SAC) pronounced its final word in abuse of dominance case brought by the Bulgarian Competition Authority (CPC) against the electricity distributor CEZ Distribution Bulgaria. The proceedings were prompted by the (...)

The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision finding the historical postal operator abused its dominant position by applying loyalty rebate schemes (Post Danmark)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
Denmark: The Competition Appeals Tribunal upholds the Danish Competition Council’s Decision finding that Post Danmark A/S abused its Dominant Position by applying Loyalty Rebate Schemes On 10 May 2010, the Danish Competition Appeals Tribunal (CAT) issued a ruling upholding the Danish (...)

An Italian Regional Administrative Tribunal annuls a decision from the NCA for the ineffectiveness of the undertakings imposed to address the competition concerns raised on the market for broadcasting rights of football matches (Conto TV)
Rohatyn (New York)
United States 1 contribution 1303 visits
The Regional Administrative Tribunal for Lazio annuls a decision from the Italian Competition Authority for the ineffectiveness of the undertakings and forces the Authority to restart the proceedings and repeat the market test on the basis of the 287/1990 and 241/1990 laws and the EU (...)

The EU Commission adopts decision accepting commitments from a leading energy group (E.ON)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66774 visits
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Practising Law Institute (New York)
United States 93 contributions 31860 visits
On 4 May 2010, the Commission announced that it had adopted a decision under Article 9 of Regulation 1/2003 to accept commitments from E.ON concerning the German gas market. This follows a market testing of the commitments in January 2010. According to the Commission’s press release, (...)

Mergers

 The French Competition Authority clears, under conditions, a merger in the sugar and spirits sector in the Reunion Island (Tereos / Quartier Français)
French Competition Authority (Paris)
France 747 contributions 408020 visits
The Autorité de la concurrence clears the acquisition of the Quartier Français Group by the Tereos Group, under certain conditions.* The Autorité de la concurrence has carefully examined the Tereos Group’s acquisition of the Quartier Français Group, that is primarily active in the sugar and (...)

The US FTC announces the closure of its investigation of the acquisition of the mobile advertising network company (AdMob)
IPR University Center (Helsinki)
Finland 29 contributions 5512 visits
U.S. Federal Trade Commission closes its investigation of Google’s acquisition of AdMob* On 21 May 2010 the U.S. Federal Trade Commission (“FTC”) announced the closure of its investigation of Google’s acquisition of the mobile advertising network company AdMob. According to the FTC, though (...)

The UK Competition Appeal Tribunal accepts argument that Competition Commission finding on counterfactual was irrational (Stagecoach)
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 73587 visits
Introduction and background to the CAT judgment The merger of Stagecoach Group Plc (“Stagecoach”) and Preston Bus Limited (“PBL”) was referred to the UK Competition Commission (the “CC”) by the UK Office of Fair Trading on 28 May 2009. According to section 36 of the Enterprise Act 2002 (...)

The German Competition Authority blocks an acquisition in the automotive sector (Magna / Karmann)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72535 visits
On 21 May 2010, the German Federal Cartel Office (“FCO”) prohibited the planned acquisition by automotive parts supplier Magna Car Top Systems GmbH (“Magna”) of the convertible roof systems business of Karmann GmbH (“Karmann”). In December 2009, the German Federal Cartel Office cleared the (...)

The Swedish Competition Authority launches a post-merger in-depth investigation on the acquisition of a media company (Retriever)
International Air Transport Association (IATA) (Washington DC)
4 contributions 15587 visits
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White & Case (Brussels)
Belgium 3 contributions 2823 visits
On 12 May 2010, the Swedish Competition Authority announced that it was conducting an in-depth investigation concerning the acquisition of Swedish media company Retriever AB. While the competitive aspects of the case may be complex and perhaps even warrant scrutiny, the announcement served as (...)

The UK Competition Authority concludes that a proposed merger in the entertainment industry would not result in a substantial lessening of competition in the market for live music ticket retailing (Ticketmaster / Live Nation)
Ashurst (Milan)
Italy 103 contributions 30051 visits
Ticketmaster/Live Nation merger gets final clearance in the UK* On 7 May 2010, the UK Competition Commission (“CC”) reaffirmed its initial decision of December 2009 (see Newsletter 1/2010 p. 9 for details) concluding that the merger of Live Nation and Ticketmaster would not result in a (...)

The UK Competition Authority clears an entertainment industry merger for the second time without remedies following an appeal to the Competition Appeal Tribunal (Ticketmaster / Live Nation)
Oxera (London)
United States 4 contributions 3221 visits
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Oxera (Oxford)
United Kingdom 2 contributions 4187 visits
On May 7th 2010, the UK Competition Commission (CC) cleared unconditionally the completed merger between Ticketmaster Entertainment, Inc (Ticketmaster) and Live Nation, Inc (Live Nation). The case had previously been cleared by the CC in December 2009, but following a successful appeal by a (...)

State Aid

 The Dutch Supreme Court upholds the decision of the Court of Appeals of The Hague stating that a State guaranteed loan is State aid and consequently to restore competition it is necessary to examine not only the loan recipient but also the provider (Residex)
Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 654 visits
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Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 20 contributions 1064 visits
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Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 654 visits
Residex appealed the judgment of the Court of Appeals of the Hague at the Dutch Supreme Court (SC). The SC held that there was no dispute as regards the Court of Appeals’ finding that the guarantee constituted State aid within the meaning of Article 107(1) TFEU and that it should therefore (...)

The EU Commission approves State aid scheme notified by Belgium in order to restructure railways company (SNCB)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34595 visits
"State aid: main developments between 1 May and 31 August 2010"* The Commission has authorised on 26 May 2010 SNCB‘s plans to restructure its freight activities and convert its freight division into a subsidiary. In December 2009 Belgium notified a project to restructure SNCB‘s freight (...)

The EU Commission authorizes the Netherlands to provide a grant of € 10 M for a CO2 capture demonstration project (Nuon Energy Sourcing)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34595 visits
"State aid: main developments between 1 May and 31 August 2010"* The Commission has authorised The Netherlands to provide a grant of €10 million to Nuon Energy Sourcing NV for a CO2 capture demonstration project. The project concerns the deployment of a CO2 capture demonstration facility (...)

The EU General Court finds that public statements of support by the French Government did not constitute State aid in favour of the incumbent telecom operator (France Télécom)
Van Bael & Bellis (Brussels)
Belgique 155 contributions 34875 visites
In a judgment handed down on 21 May 2010, the General Court (hereinafter the “GC”) held that statements by the French authorities aimed at assuring France Télécom (hereinafter “FT”) of their support in the context of a major financial crisis experienced by FT did not constitute State aid. (...)

The EU Commission approves a € 1.5 billion recapitalization provided by Belgium in order to restructure a Belgian insurer (Ethias)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34595 visits
"State aid: main developments between 1 May and 31 August 2010"* The Commission approved on 20 May 2010 a €1.5 billion recapitalisation provided by Belgium in the context of the restructuring of Ethias, a Belgian insurer that ran into severe difficulties in 2008. Ethias historically (...)

The Italian Council of State rejects a request for annulment of State aid recovery order because the aid was not notified and approves by the EU Commission which is exclusively competent in assessing legitimacy of State aid (Ori Martin)
BonelliErede (Brussels)
Belgium 28 contributions 23348 visits
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Luiss Guido Carli University (Rome)
Italy 24 contributions 1129 visits
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BonelliErede (Brussels)
Belgium 24 contributions 2109 visits
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On 17 May 2010, the Council of State delivered Decision No. 3046 in a case concerning the Italian Ministry of Industry’s revocation of aid granted to Ori Martin Acciaieria S.p.A. (“Ori Martin”) in violation of European Coal and Steel Community (“ECSC”) High Authority Decision 22/66 of 16 (...)

The EU Commission authorizes State aid scheme notified by Finland concerning exemption from corporate income tax for investment in affordable rental housing (Real Estate Investment Trusts)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34595 visits
State aid: main developments between 1 May and 31 August 2010* The Commission has authorised on 12 May 2010 the introduction of “Real Estate Investment Trusts” (REITs) in Finland that will be exempted from corporate income tax in order to encourage investment in affordable rental housing27. (...)

The EU Commission launches a public consultation on the application of its 2005 package on services of general economic interest
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34595 visits
"State aid: main developments between 1 May and 31 August 2010"* On 12 May the Commission has launched a public consultation on the application of its 2005 Package on Services of general economic interest (SGEI). The Package sets out guidance as to when State funding of SGEIs is compatible (...)

The EU Commission grants final clearance to the Swedish aid for the restructuring of an investment bank (Carnegie Investment Bank)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34595 visits
"State aid: main developments between 1 May and 31 August 2010"* On 12 May 2010 the Commission has granted final clearance to the Swedish aid for the restructuring of Carnegie Investment Bank. In October 2008, the Swedish government provided a rescue loan of SEK2.4 billion (€ 225 million) (...)

The EU Commission requests France to implement a judgment of the Court of Justice declaring that France failed to recover incompatible State aid awarded in the form of exemptions from corporate tax for takeovers of failing companies
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34595 visits
"State aid: main developments between 1 May and 31 August 2010"* The Commission has formally requested France to implement a 2008 judgment of the European Court of Justice declaring that France had failed to recover incompatible State aid awarded in the form of exemptions from corporate tax (...)

The Finnish Ministry of Finance adjusts its State aid rules regarding municipal enterprises (Local government operations in a competitive market environment and corporatization of operations)
Finnish Competition and Consumer Authority (Helsinki)
Finland 1 contribution 689 visits
The Finnish authorities have been advised by the European Commission’s preliminary view to abolish a range of tax exemptions and unlimited State guarantees granted to municipal enterprises. The Commission, indeed, is taking a strict approach to the distortion of competition regarding municipal (...)

Procedures

 The UK OFT launches a review of barriers to entry, expansion and exit in the retail banking sector
White & Case (Brussels)
Belgium 57 contributions 58251 visits
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White & Case (Brussels)
Belgium 21 contributions 24755 visits
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White & Case (Brussels)
Belgium 50 contributions 38614 visits
Today, the Office of Fair Trading ("OFT") launched a review of barriers to entry, expansion and exit in retail banking.[1] The review comes at a time of when the UK Government has significant stakes in a number of major retail banks, which it will wish to divest over time. The purpose of the (...)

The Greek, Irish and Portuguese Governments implement competition-related commitments enshrined in Memoranda of Understanding aimed at supporting the economic recovery
Cruz Vilaça Advogados (Lisbon)
Portugal 4 contributions 4633 visits
Much has been discussed about the impact of the economic crisis on the enforcement of competition law and the implementation of structural reforms in key economic sectors. The recent experience with Greece, Ireland and Portugal regarding the economic adjustment programs concluded with the (...)

The Bulgarian Competition Authority issues guidelines on identification and prevention of bid-rigging practices
University of Macau - Faculty of Law
China 284 contributions 226059 visits
On 20 May 2010 the Bulgarian Competition Authority (CPC) issued the Guidelines on combating anticompetitive practices (the Guidelines), which was primarily addressed to the organizers of public tenders (state authorities and local administrations) in order to increase their awareness and (...)

The EU General Court rejects application for interim measures by a company facing financial difficulties (Reagens)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47333 visites
On 11 and 12 May 2010, the General Court (“GC”) published two orders rejecting applications for interim measures by companies which had requested that fines imposed by Commission decisions in cartel cases be suspended pending the outcome of their appeals against those decisions. Both companies (...)

The EU General Court rejects application for interim measures by a company facing financial difficulties (Almamet)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47333 visites
On 11 and 12 May 2010, the General Court (“GC”) published two orders rejecting applications for interim measures by companies which had requested that fines imposed by Commission decisions in cartel cases be suspended pending the outcome of their appeals against those decisions. Both companies (...)

The Dutch Competition Authority confirms fines imposed on former employees for failure to cooperate in investigation
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
The Netherlands: The Competition Authority (NMa) confirms Fines imposed on former Employees for Failure to cooperate in Investigation In July and November 2009, the Netherlands Competition Authority (NMa) imposed fines on two former employees of two undertakings for failure to cooperate with (...)

The Spanish Competition Authority fines undertaking for failing to cooperate during inspection (Extraco Construccions e Proxectos)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47333 visites
On 6 May 2010, the Spanish Competition Authority imposed a fine of € 300,000 on Extraco Construccions e Proxectos SA (“Extraco”) for failing to cooperate during an unannounced inspection in the context of an investigation in the building sector. In particular, it appears that Extraco’s CEO (...)

The Greek Government agrees to the Memorandum of Understanding with EU Commission, ECB, and IMF on specific economic and competition policy conditionality for granting financial assistance
Potamitis Vekris (Athens)
Greece 1 contribution 513 visits
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Lambadarios Law Firm (Athens)
Greece 1 contribution 513 visits
The views expressed here are the authors’ alone. 1. Introduction Faced with the current economic crisis, the Hellenic Competition Commission (HCC) has a crucial role to play in safeguarding the conditions of effective competition and in fostering a genuine “competition culture” in Greece. (...)

The Bulgarian Competition Authority issues its 2009 annual report
University of Macau - Faculty of Law
China 284 contributions 226059 visits
On 27 May 2010 the Bulgarian Competition Authority (CPC) presented its 2009 Annual Report to the national parliament. While the 2009 report covers various areas of the CPC’s activity including state aid control, prosecution of unfair competition and international cooperation, present review (...)

The Slovak Parliament draws rules on unfair supply contract terms for foodstuffs (Act n° 140/2010)
Wolf Theiss (Bratislava)
Slovakia 8 contributions 4790 visits
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Kinstellar (Bratislava)
Slovakia 2 contributions 2182 visits
Legislative background On 1 May 2010, Act n° 140/2010 Coll. on Unfair Terms in Business Contracts between Reseller and Supplier of Goods that are Foodstuffs (the “Unfair Terms in Foodstuff Act” or the “UTFA”) came into effect. Slovakia has a history of legislation dealing with unfair terms (...)

Regulatory

 The French Competition Authority issues an opinion on the introduction of a lawyer’s countersignature for private documents, after a request of chartered accountants
French Competition Authority (Paris)
France 747 contributions 408020 visits
Press Release published on the official website of the French Competition Authority. The creation of a lawyer’s countersignature does not have an effect of harming competition in the market for consultation and drafting services for legal documents as provided to companies.* A referral (...)

The UK Competition Appeal Tribunal publishes an appeal by mobile operator challenging UK telecoms and media regulator’s refusal to allow 3G services deployment (O2, OFCOM)
Squire Patton Boggs (London)
United Kingdom 11 contributions 4949 visits
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Digicel (London)
United Kingdom 3 contributions 2025 visits
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Jones Day (London)
United Kingdom 2 contributions 726 visits
On 26 May 2010, the UK’s Competition Appeal Tribunal published an appeal by mobile operator O2 against the Office of Communications (OFCOM), the UK telecoms and media regulator, challenging OFCOM‘s refusal to allow deployment of 3G services in 900 Mhz frequencies. In a case likely to have (...)

The Chinese Anti-Monopoly Law Enforcer publishes new draft rules on administrative monopolies
Jones Day (Shanghai)
China 51 contributions 24065 visits
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 12223 visits
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Jones Day (Beijing)
China 44 contributions 21046 visits
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On May 25, 2010, the State Administration of Industry and Commerce ("SAIC") published for public comment three sets of draft rules. These address (1) "monopoly agreements," that is, anticompetitive agreements, (2) abuses of dominant market position, and (3) "administrative monopolies," (...)

The UK Competition Authority issues report on incentives for compliance and non-compliance with competition law
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
United Kingdom: The Office of Fair Trading (OFT) issues Report on Incentives for Compliance and Non-Compliance with Competition Law On 19 May 2010, the OFT published the report presenting findings from its qualitative research into what motivates businesses to comply with competition law and (...)

The French Competition Authority issues an opinion on the government bill on the new organisation of the electricity market (NOEM)
French Competition Authority (Paris)
France 747 contributions 408020 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence considers that the regulation of electricity production is necessary for the development of competition within the national market. However, it points out that any such (...)

The Moldovan energy regulatory authority releases the petroleum market study for the first quarter of 2010
University of Macau - Faculty of Law
China 284 contributions 226059 visits
On 6 May 2010 the National Agency for Energy Regulation (ANRE) released the results of the periodical sector inquiry into the markets for import, wholesale and retail distribution of petroleum products during the first quarter of 2010. The markets for distribution of petroleum products are (...)

The UK Competition Authority issues an overview of competition law and steps that companies can take to comply with competition law
Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 99211 visits
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Milbank (London)
United Kingdom 21 contributions 12359 visits
UK COMPETITION REGULATOR ISSUES GUIDANCE ON HOW BUSINESSES CAN COMPLY WITH COMPETITION LAWS* The UK Office of Fair Trading (OFT) has issued an overview of competition law and steps that companies can take to comply with competition law. This advice was issued in response to the results of a (...)