May 2011

Anticompetitive practices

 The Romanian Competition Authority establishes the existence of resale price maintenance agreements on the market for fresh fruits and vegetables (Interfruct /Albinuța Shops / Profi Rom Food)
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
On 31 May 2011 the Romanian Competition Authority (CC) held illegal the resale price maintenance clauses contained in the sales contracts concluded by a wholesaler of fresh fruits and vegetables in the municipality of Bucharest (SC Interfruct SRL) with two retailers (SC Albinuța Shops SRL, SC (...)

The Czech Competition Authority confirms fine imposed on members of a cartel of poultry producers (Poultry cartel)
Kinstellar (Prague)
République tchèque 9 contributions 6911 visites
On 31 May 2011, the Chairman of the Czech Competition Authority (the “Authority”) imposed a fine of CZK 14.237 million (approximately EUR 580,000) on a group of poultry producers for their participation in a price-fixing agreement. The parties involved are AGRO Jevišovice, Zemědělské družstvo (...)

The Austrian Competition Authority launches investigations and proceedings in the food sector
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Austria: Current Investigations and Proceedings in Food Sector* The Austrian Federal Competition Authority (FCA) is currently dealing with two major cases regarding alleged infringements of Article 101 TFEU in the food sector. The first case concerns the beer market. The investigation was (...)

The Supreme Administrative Court of Lithuania issues a final judgement after several undertakings were found to have fixed a common tender fee (Association of Event Organizers)
Max Planck Institute for Innovation and Competition (Munich)
Allemagne 19 contributions 4566 visites
On 27 May 2011 the Supreme Administrative Court of Lithuania issued a final judgement concerning the decision of the Competition Council in which it was held that the Association of Event Organizers (hereafter: “the Association”) and its members had infringed Article 5 of the Law on (...)

The Canadian Competition Authority seeks to prohibit alleged anticompetitive practices in real estate industry (Toronto Real Estate Board)
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21405 visits
Introduction Canada’s Competition Bureau (the "Bureau"), an independent law enforcement agency that assists the Commissioner of Competition (the "Commissioner") in the administration and enforcement of the Competition Act (the "Act"), and the Canadian real estate industry are at odds again. (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on manufacturers and distributors of air separation gases for price-fixing (Taiyo Nippon Sanso)
Japan Fair Trade Commission (Tokyo)
Japon 140 contributions 24923 visites
Cease and Desist Order and Surcharge Payment Orders against Manufacturers and Distributors of Air Separation Gases* he Japan Fair Trade Commission (JFTC), under the provisions of the Antimonopoly Act (AMA), has investigated companies of manufacturing and distributing air separation gases , (...)

The Serbian Competition Authority declares illegal a distribution agreement granting a distributor a 2% rebate for compliance with the supplier’s resale price maintenance policy concerning certain branded food products (Grand Prom / Idea)
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
On 26 May 2011 the Serbian Competition Authority (KZK) has declared illegal the distribution agreement between Grand Prom a.d. (supplier) and Idea d.o.o. (distributor) granting to the distributor a 2% rebate for compliance with resale price maintenance policy set by the supplier in relation to (...)

The French Competition Authority contributes to the public consultation launched by the European Commission on private enforcement
French Competition Authority (Paris)
France 747 contributions 409109 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence (French National Competition Authority) contributes to the public consultation launched by the European Commission*. Like some other NCAs (national competition authorities) (...)

The Danish Competition Council holds that customer sharing redistribution of unadressed mail infringe section 6 of the Danish Competition Act and Art. 101 TFEU (Mediabroker / Carat Danmark / Initiative Universal Media / MediaPrin Danmark)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Denmark: Parallel Customer sharing Agreements in Redistribution of Unadressed Mail between Mediacenter Danmark, and Mediabroker, Carat, IUM, and OMD* On 25 May 2011, the Danish Competition Council (DCC) issued a decision concerning four horizontal and separate, yet parallel, customer sharing (...)

The German Higher Regional Court Düsseldorf considers the obligation to pay interests on cartel fines issued by the Competition Authority as violating constitutional law (Zinsverpflichtung)
Dentons (Berlin)
Allemagne 2 contributions 402 visites
In a decision of 24 May 2011, the Higher Regional Court Düsseldorf („OLG Düsseldorf“) referred the question whether Section 81(6) of the German Act against Restraint of Competition (“ARC”) is in line with the principle of equality as laid down in Article 3 of the German constitution (“GG”) to (...)

The Slovak Supreme Court upholds the annulment judgment delivered by the Regional Court in Bratislava in a potential cartel case (Ceskoslovenska obchodna banka / Slovenska sporitelna / VUB)
Wolf Theiss (Bratislava)
Slovaquie 8 contributions 4793 visites
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European Union Agency for the Cooperation of Energy Regulators (ACER) (Ljubljana)
Slovénie 7 contributions 3965 visites
The Supreme Court of the Slovak Republic (the “Supreme Court“) has provided that the judgment delivered the Regional Court in Bratislava (the “Regional Court“) annulling the decision adopted by the Slovak Antimonopoly Office ( “SVK AMO“) dealing with an agreement restricting competition in the (...)

The Slovak Supreme Court upholds the Regional Court’s judgment which annulled a decision imposing fines on three banks (Ceskoslovenska obchodna banka / Slovenska sporitelna / VUB)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Slovakia: Judicial Review of Banking Cartel Case* On 19 May 2011, the Supreme Court of the Slovak Republic (the Supreme Court) upheld one of the judgments adopted by Regional Court in Bratislava which annuled the decision of the Antimonopoly Office of the Slovak Republic (the Office) (...)

The Danish District Court fines manufacturer of design furniture for engaging in resale price maintenance (Erik Jørgensen Møbelfabrik)
Van Bael & Bellis (Brussels)
Belgique 174 contributions 58425 visites
On 18 May 2011, the Danish District Court of Svendborg (the “Court”) imposed a fine of DKK 500,000 (approximately € 67,000) on Erik Jørgensen Møbelfabrik A/S (“EJM”), a Danish manufacturer of design furniture, for having engaged in resale price maintenance. The Court also imposed fines (...)

The Spanish Competition Authority fines five main electricity companies in Spain and industry association for anticompetitive practices extending the application of the "Sham litigation" doctrine (E.On España / UNESA)
Garrigues (Brussels)
Belgique 19 contributions 11548 visites
The Spanish CNC at the avant-garde of competition enforcement?* In a previous post that appeared on Chillin’Competition we referred to the Spanish Competition Authority’s decision sanctioning the main Spanish electricity companies with fines totaling some 61 million euros as a good (...)

The Spanish Competition Authority fines the main electricity companies and sectoral association for price fixing and barriers to entry (E.On España / UNESA)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
"Spain: The National Competition Commission (CNC) fines the main Electricity Companies and Sectoral Association"* The CNC has on 13 May 2011 fined the main electricity companies in Spain, as well as the sectoral association, for having fixed prices and agreed on commercial terms and colluded (...)

The Swedish Competition Authority states that the rules of the automobile sports federation need to be amended (Automobile sports federation)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Sweden: More Competition needed in Organization of Motor Racing Events* ”Holders of a racing or steward licence from the Swedish Automobile Sports Federation should be able to compete or be a steward in races organized by clubs that are not affiliated to the Federation. It is therefore (...)

A Moldovan Court of Appeals quashes the concerted practices decision of the Competition Authority for the failure to demonstrate the existence of a price coordination mechanism and the absence of alternative explanations (Lukoil Moldova)
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
On 12 May 2011 the Chișinău Court of Appeals (the CAC) quashed the infringement decision of the Moldovan Competition Authority (ANPC) establishing the existence of the concerted practices on the market for retail trade in oil derivatives. The CAC held that the ANPC failed to prove that seven (...)

The Italian Competition Authority starts an investigation into an alleged price-fixing practice on the Sardinia-Continental Italy maritime routes (Corsica Sardina Ferries)
Municipality of Cagliari
168 contributions 134225 visits
The Italian Competition Authority (ICA) has recently opened an Article 101 TFEU investigation into alleged price-fixing practice that a number of ferry operators would be carrying out on the market for Italy and Sardinia maritime links. The facts of the case Consumer associations and (...)

The Spanish Competition Authority fines associations in press clippings sector (Asociación de Editores de Diarios Españoles / Asociación Española de Prensa Gratuita / Asociación Federativa de Empresas de Clipping)
Van Bael & Bellis (Brussels)
Belgique 389 contributions 94960 visites
The Spanish Competition Authority has recently imposed fines totalling € 335,000 on the Association of Spanish Newspaper Editors (Asociación de Editores de Diarios Españoles- AEDE), the Spanish Free Press Association (Asociación Española de Prensa Gratuita- AEPG) and the Federative Association (...)

The Greek Competition Authority imposes fines for anticompetitive practices and abuse of dominance through the implementation of exclusionary practices in the market for salty snack products (Tasty Foods)
Mikroulea, Staikouras & Associates (Athens)
Grèce 12 contributions 7011 visites
Introduction On 5 May 2010, the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) issued an infringement decision against Tasty Foods, a company that is mainly active in the production and distribution of salty snack products in Greece, for violation of 101 (...)

The Italian Antitrust Authority starts investigation against publishing company under article 27 section 12 of the Italian consumer code (International Masters Publishers)
Codacons (Rome)
Italie 12 contributions 16188 visites
The Italian Competition Authority (hereinafter ICA), in the decision of 18th March 2010 PS 22364, revealed that International Masters Publisher S.r.l (hereinafter, IMP), had breached articles 21, 22, 24, 25 section d, 26 section f, for unfair practice. Particularly, the practice consisted (...)

The Estonian Supreme Court acquits road constructions cartel participants based on individual exemption (Teedeehitus / Mr. Kaupo Kaljuvee)
TGS Baltic (Tallinn)
Estonie 5 contributions 1790 visites
On 4 May 2011 the Estonian Supreme Court dismissed charges against a road construction company KPK Teedeehitus and its executive Mr. Kaupo Kaljuvee in relation to price coordination, market sharing and information exchange regarding prices in connection with a public procurement for road (...)

The Mexican Congress passes a bill of amendments to the Mexican competition law
Creel, García-Cuéllar, Aiza y Enríquez, S.C. (Madrid)
Espagne 1 contribution 500 visites
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Rico, Robles, Libenson y Bernal (Mexico)
Mexique 1 contribution 500 visites
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Mexican Banking Association (Mexico)
Mexique 1 contribution 500 visites
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Between late April 2011 and early May 2011, the Mexican Congress and President Calderón completed the legislative process initiated in April 2010 to pass a bill of amendments to the Mexican Competition Law (the “Reform”). (The Mexican Competition Law was enacted on December 18, 1992 and became (...)

Unilateral Practices

 The US Court of Appeals for the Seventh Circuit rules that the campaign of a hospital holding to block a potential rival does not violate s. 2 of the Sherman Act and is protected from antitrust liability under the Noerr-Pennington doctrine (Mercatus Group / Lake Forest Hospital)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
First Amendment Rights Provide Antitrust Shield for Successful Petitioning to Block Potential Rival* How far can a competitor go in an effort to convince a local government to block a potential rival from setting up shop in its area without running afoul of the antitrust laws? Last week, (...)

The US District Court for the Central District of California, relying on ’common sense’, denies a motion to dismiss allegations of a ’price squeeze’ in the paper bags industry (Western Pacific Kraft / Duro)
Womble Bond Dickinson (Charlottesville)
10 contributions 2846 visits
California Court Relies on “Common Sense” in Rejecting Twombley Challenge* Perhaps there is life for conclusory antitrust claims after Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). On May 24, the United States District Court for the Central District of California denied a motion to (...)

The EU Court Justice AG Mengozzi issues an opinion on price discrimination and exclusionary abuses of dominance in the bulk mail industry (Post Danmark)
Gatti Pavesi Bianchi Ludovici (Milan)
Italie 10 contributions 3100 visites
Price discrimination and exclusionary abuses of dominance: A call for effects-based enforcement* It is often said, with good statistical records, that opinions of the Advocate Generals are to a large extent endorsed by the European Court of Justice (“ECJ”). If so, the opinion recently handed (...)

A US District Court denies a motion to dismiss allegations of a price squeeze implemented through the granting of secret rebates to the plaintiff’s customers on the market for resailing of paper bag products (Western Pacific Kraft / Duro Bag)
Sheppard Mullin (Los Angeles)
États-Unis 46 contributions 8034 visites
In Secret Rebate Case, If It Walks Like A Duck, Allegations That It Will Also Quack Are Plausible* On May 24, 2011, United States District Court, Central District of California, denied a motion to dismiss allegations of a "price squeeze" implemented through the granting of secret rebates to (...)

The Italian State Council quashes a decision from the Court of First Instance having annulled a Competition Authority’s decision concerning service of general economic interest and State action defense (COBAT)
BonelliErede (Rome)
Italie 41 contributions 54283 visites
In its judgment delivered on 2 May 2011, the Italian Last Instance Administrative Court («Consiglio di Stato«), reversed the judgment of the First Instance Administrative Court («TAR Lazio«) on the «recycling of exhausted batteries« case, and upheld the Italian Competition Authority’s («ICA«) (...)

The Croatian Competition Authority finds discriminatory pricing practices on the market for jet fuel supplied in Croatian airports (INA – Industrija nafte / Dubrovnik Airline)
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
On 19 May 2011 the Croatian Competition Authority (AZTN) found an exploitative abuse of dominant position in the discriminatory pricing applied by a petroleum company supplying jet fuel to the domestic airline companies. The AZTN‘s investigation was prompted by a complaint lodged in December (...)

The German Competition Authority orders a producer of laboratory chemicals to cease discriminatory treatments amongst its customers (Merck)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66922 visits
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Practising Law Institute (New York)
États-Unis 93 contributions 31929 visites
On 19 May 2011, the German Federal Cartel Office (“FCO”) found that Merck KGaA (“Merck”) had abused its dominant position in the markets for several laboratory chemical products by discriminating among its customers. According to the FCO, Merck provided more favourable sales conditions to its (...)

The EU Commission publishes commitments offered by a leading financial company (Standard & Poor’s)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66922 visits
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Practising Law Institute (New York)
États-Unis 93 contributions 31929 visites
On 16 May 2011, the Commission published commitments offered by Standard & Poor’s (“S&P”) to remedy concerns regarding the pricing of international securities identification numbers (“ISINs”). ISINs are a standardized form of identification of securities which are needed in order to (...)

The Moldovan Competition Authority finds excessive tariffs charged by the bus terminal operators for their ticketing services (Auto Terminals and Stations)
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
On 13 May 2011 the Moldovan Competition Authority (ANPC) held that seven private bus terminal operators were imposing economically unjustified (excessive) charges for their ticketing services and thus committed an exploitative abuse of dominant position pursuant to the national equivalent of (...)

The Regional Court in Brno confirms fine imposed on the national railways’ company for having abused its dominant position on rail freight transport of large-volume substrates market (Czech Railways Company)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Czech Republic: The Regional Court in Brno confirms Fine imposed on Czech Railways Company for Abuse of Dominant Position on Rail Freight Transport of large-volume Substrates Market* On 12 May 2011, the Regional Court in Brno (the Court) upheld the CZK 254 000 000 (approximately € 9 585 000) (...)

The Bosnian & Herzegovina Competition Authority closes its investigation into the alleged predatory pricing practices on the market for TV commercials
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
On 5 May 2011 the Competition Authority of Bosnia & Herzegovina (KV) rejected an abuse of collective dominance complaint lodged by the public TV operator Radiotelevizija Bosne i Hercegovine (BHTV) against a number of public and private TV companies (Radiotelevizija Federacije BiH (FTV), (...)

The EU Court of Justice clarifies powers of Competition Authorities enforcing EU competition rules under EC Reg. 1/2003 in a telecom case (Tele2 Polska)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
European Courts: ECJ clarifies Powers of National Competition Authorities enforcing EU Competition Rules* On 3 May 2011, the Court of Justice of the European Union gave judgment in the Tele2 Polska case concerning the interpretation of Article 5 of Council Regulation (EC) 1/2003. The Court (...)

Mergers

 The Turkish Competition Authority unconditionally authorises the acquisition of an Italian jeweller and luxury goods retailer by a French luxury conglomerate (LVMH / Bulgari)
Erdem & Erdem (Istanbul)
Turquie 67 contributions 75998 visites
The Competition Board (the “Board”) has unconditionally authorized the acquisition of control of Bulgari S.p.A. (“Bulgari”) by LVMH Moét Hennessy - Louis Vuitton (“LVMH”; “Bulgari” and “LVMH” hereinafter referred to as the “Parties”) since the transaction would not result in creating a (...)

The German Competition Authority presents the final results of its inquiry into the fuel sector (Oligopoly of oil companies)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Germany: Results of Sector Inquiry into the Fuel Sector* On 26 May 2011, the Bundeskartellamt (BKartA) presented the final results of its inquiry into the fuel sector. The BKartA started the sector inquiry in May 2008 since it suspected competition problems in this sector. Previously, the (...)

The Cyprus Competition Authority accepts a proposed concentration in the market of supply of airport passenger (Swissport Cyprus and Handling)
Elias Neocleous (Limassol)
Chypre 12 contributions 1700 visites
Factual Background The Cyprus Commission for the Protection of Competition (CPC) has recently issued its decision regarding the notification of a proposed concentration between Swissport Cyprus Limited and LGS Handling Limited for the creation of a joint venture S & L Airport Services (...)

The EU Commission clears a joint venture in the pharmaceutical sector after examining possible coordination between Chinese State-owned companies (Sinochem / DSM)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72628 visites
In a decision of 19 May 2011, the European Commission unconditionally cleared the creation of a joint venture between Dutch pharmaceutical company DSM and Chinese State-owned conglomerate Sinochem. The joint venture will be active primarily in antibiotics and other anti-infective products. (...)

The Hungarian Competition Authority launches a public consultation on the draft of the merger notification form and on the draft of the informal meetings related to the merger review
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Hungary: Public Consultation on Review of Merger Control* The Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) has been consulting the public on the draft Merger Notification Form and on a draft Notice on informal meetings (pre-notification contacts, state of play meetings) (...)

The Brussels Court of Appeal confirms Competition Council’s decision amending condition imposed on cable network operator’s acquisition of pay-TV provider (Telenet / Canal+)
Van Bael & Bellis (Brussels)
Belgique 163 contributions 56314 visites
In a judgment of 17 May 2011, the Brussels Court of Appeal confirmed the Belgian Competition Council’s decision of 29 November 2010 amending a condition that had been imposed in 2003 on cable network operator Telenet’s acquisition of pay-TV provider Canal+. The condition in question (...)

The US DoJ expresses antitrust concerns on a proposed merger in the equity market sector leading the companies to abandon the deal (Nasdaq OMX / NYSE Nasdaq)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
Threat of U.S. Antitrust Challenge Leads Nasdaq to Abandon Pursuit of NYSE* Nasdaq OMX Group, Inc. and IntercontinentalExchange (ICE) have withdrawn their proposal to acquire NYSE Euronext in the face of antitrust objections from the U.S. Department of Justice. The Justice Department (...)

The Indian Competition Authority publishes new rules for mergers review
Cooley (Brussels)
Belgique 18 contributions 7128 visites
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Linklaters (Washington)
États-Unis 5 contributions 5668 visites
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Competition Appeal Tribunal (London)
Royaume-Uni 7 contributions 1047 visites
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After years of debate, the Indian Government recently announced that the Competition Commission of India ("CCI") will be given powers to approve or prohibit certain mergers, acquisitions and joint ventures. The new powers take effect on 1 June 2011. This memorandum reflects the key (...)

The US DoJ challenges nonreportable merger in the chicken processing industry consummated during investigation (George’s / Tyson Foods)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
U.S. Challenges Nonreportable Acquisition Consummated During Investigation* Time will tell whether it is a good idea to consummate an acquisition while the Department of Justice Antitrust Division is still investigating. On May 10, the Antitrust Division filed a complaint in the federal (...)

The US DoJ files a civil lawsuit to block a $3 million acquisition in the food market (George’s)
McDermott Will & Emery (Washington)
États-Unis 36 contributions 6173 visites
On May 10, the U.S. Department of Justice (DOJ) filed a civil lawsuit against George’s Inc. to block its $3M acquisition of Tyson Foods Inc.’s, Harrisonburg, Virginia chicken processing plant, showing that deals of all sizes face scrutiny. This case also continues the trend of challenges to (...)

The German Bundeskartellamt fines an undertaking operating in the metal recycling market for having implemented a concentration without merger approval (Interseroh)
Heinz & Zagrosek (Köln)
Allemagne 23 contributions 13182 visites
The FCO continuously fines merger implementation without prior approval* On May 10, 2011, the FCO fined Interseroh in the amount of €206,000 for having implemented a concentration without merger approval. The decision is the second instance this year in which the FCO imposed a fine for (...)

The Serbian Competition Authority starts an in-depth merger investigation two years after the initial notification was submitted (Holding Sudosteuropa)
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
On 9 May 2011 Serbian Competition Authority (KZK) rejected the appeal of OST Holding Sudosteuropa GmbH(OST) against KZK‘s decision to initiate an in-depth investigation into the OST’s proposed acquisition of indirect control over the Serbian newspaper company Novosti. In its decision KZK (...)

The Brazilian Administrative Council for Economic Defence approves the first voluntary divestment transaction (Owens Corning / Chongqing Polycomp International)
Inglez, Werneck, Ramos, Cury e Françolin Advogados (Sao Paulo)
Brésil 4 contributions 3351 visites
Brazil’s first voluntary divestment was approved by the Administrative Council for Economic Defence (CADE), involving the sale by the U.S. fibreglass manufacturer Owens Corning of its Brazilian fibreglass reinforcement plant to Chongqing Polycomp International Corporation, a Chinese company. (...)

The EU Commission clears in phase II the creation of the leading orange juice supplier (Votorantim / Fischer)
DG Economic and Financial Affairs-ECFIN (Brussels)
Belgique 3 contributions 2301 visites
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European Commission
Belgique 8 contributions 16517 visites
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Portuguese Competition Authority (Lisbon)
Portugal 1 contribution 404 visites
"Votorantim / Fischer / JV Squeezing oranges, not consumers"* Introduction Last year the Commission adopted a decision in what has come to be known as the “orange juice case” , as it dealt with the creation of the leading orange juice supplier to the European market. The Brazilian (...)

The EU Commission approves the creation of a joint venture between two Brazilian groups that will combine their respective activities in the orange juice sector (Votorantim / Fischer)
JG Associates (Brussels)
193 contributions 64115 visites
Merger: main developments between 1 May and 31 August 201"* The Commission approved on 4 May 2011 the creation of a joint venture between the Brazilian groups Votorantim and Fischer that will combine their respective activities in the orange juice sector. Votorantim and Fischer, two (...)

The EU Commission unconditionally clears "orange juice" joint venture after second phase investigation (Votorantim / Fischer / JV)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72628 visites
On 4 May 2011, following an in-depth second phase investigation, the European Commission unconditionally cleared the creation of a joint venture between Votorantim and Fischer, combining their orange juice businesses. By combining two of the largest orange juice businesses in the world, the (...)

The EU Commission waives commitments imposed on a merger in the DNA probes sector (Hoffmann-La Roche / Boehringer Mannheim)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72628 visites
In a recently published decision of 3 May 2011, the European Commission waived certain commitments imposed as a condition of its approval of the acquisition of Boehringer Mannheim by Hoffman-La Roche in February 1998. In the 1998 decision, the Commission found that Hoffman-La Roche’s dominant (...)

State Aid

 The EU Commission decides that a French bank was not overcompensated for distributing funds for social housing (Crédit Mutuel)
CDC Cartel Damage Claims (Paris)
France 20 contributions 3449 visites
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European Commission - DG COMP (Brussels)
Belgique 59 contributions 7290 visites
"State aid: main developments between 1 May and 31  August 2011"* On 24 May 2011, following a formal investigation started in 1998, the Commission decided that Crédit Mutuel was not overcompensated for distribution of the Livret bleu savings account in France. In 1975 France created the (...)

The European Commission finds that the different taxation imposed by the Greek Government for casino entrance fees is unlawful aid (Aid to certain Greek casinos)
CDC Cartel Damage Claims (Paris)
France 20 contributions 3449 visites
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European Commission - DG COMP (Brussels)
Belgique 59 contributions 7290 visites
"State aid: main developments between 1 May and 31  August 2011"* Following an in‑depth investigation, on 24 May 2011 the Commission found that the different taxation of casino entrance fees is unlawful aid because it creates fiscal discrimination in favour of public casinos and causes (...)

The EU Court of Justice confirms admissibility of action for annulment brought by rival in a purchasing market (Kronoply / Kronotex)
Van Bael & Bellis (Brussels)
Belgique 155 contributions 34974 visites
In a Grand Chamber judgment of 24 May 2011, the Court of Justice (“ECJ”) sided with the General Court (“GC”) and confirmed the admissibility of a challenge brought against a Commission decision not to open a formal investigation into a state aid case. At the origin of the case were a number of (...)

The EU Commission rules that a French bank was not overcompensated for collecting funds to finance social housing (Crédit Mutuel)
European Commission - DG COMP (Brussels)
Belgique 4 contributions 2621 visites
Services of general economic interest: Crédit Mutuel decision - not overcompensated* This article concerns the Commission’s assessment of a service of general economic interest (SGEI) in the banking sector, namely the decision closing the formal investigation of Crédit Mutuel‘s Livrets (...)

The EU Commission approves the restructuring plan of the agricultural bank of Greece (ATE)
CDC Cartel Damage Claims (Paris)
France 20 contributions 3449 visites
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European Commission - DG COMP (Brussels)
Belgique 59 contributions 7290 visites
"State aid: main developments between 1 May and 31  August 2011"* On 23 May 2011 the Commission approved the restructuring plan of the Agricultural Bank of Greece (ATE), judging it apt to restore the bank’s long‑term viability whilst ensuring it shares the burden of its restructuring and (...)

The EU General Court annuls Commission decision finding illegal state granted by Poland and its failure to recover public debts from an ailing company (Buczek Automotive)
Van Bael & Bellis (Brussels)
Belgique 155 contributions 34974 visites
On 17 May 2011, the General Court (“GC”) ruled against a Commission decision dated 23 October 2007 ordering Poland to recover state aid granted to the Polish steel producer Technologie Buczek(“TB”) from TB‘s subsidiary Buczek Automotive sp. z o.o. (“BA”). Confronted with financial (...)

The EU Commission approves a scheme notified by Germany to grant support for damage caused by natural disasters in the State of Bavaria
CDC Cartel Damage Claims (Paris)
France 20 contributions 3449 visites
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European Commission - DG COMP (Brussels)
Belgique 59 contributions 7290 visites
"State aid: main developments between 1 May and 31  August 2011"* On 10 May 2011 the Commission approved a scheme notified by Germany to grant support for damage caused by natural disasters in the Federal State of Bavaria. The aid can be granted over a six‑year timeframe in the form of (...)

The EU Commission rejects complaints filed by mobile phone operators already active in the French market, as it finds that the procedure for awarding fourth 3G mobile phone licence does not involve any State aid (France – 4th UMTS licence)
CDC Cartel Damage Claims (Paris)
France 20 contributions 3449 visites
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European Commission - DG COMP (Brussels)
Belgique 59 contributions 7290 visites
"State aid: main developments between 1 May and 31  August 2011"* On 10 May 2011 the Commission rejected complaints filed by three mobile phone operators already active in the French market, as it found that the procedure for awarding France’s fourth 3G mobile phone licence in 2009 did not (...)

The EU Commission decides that the level of fee charged by the French government for spectrum assignment to the 4th mobile operator did not entail any State aid in the meaning of Art. 107(1) TFEU (France - 4th UMTS license)
University of Namur
Belgique 4 contributions 1195 visites
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European Commission - DG COMP (Brussels)
Belgique 2 contributions 495 visites
"The Assignment of Spectrum and the EU State Aid Rules: the case of the 4th 3g license assignment in France"* 1. The French 4th mobile communications licence On 5 May 2011, the Commission decided that the level of the fee charged by the French government in 2009 for spectrum assignment (...)

Procedures

 The Bulgarian Competition Authority releases its 2010 annual report
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
On 31 May 2011 the Bulgarian Competition Authority (CPC) published its 2010 Annual Report. While the 2010 report covers various areas of the CPC‘s activity including prosecution of unfair competition, competition advocacy and international cooperation, present review shall focus exclusively on (...)

A German Court asks the Constitutional Court to review provisions of competition law requiring companies to pay interest accrued to antitrust fines (Gothaer Versicherung)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47457 visites
On 30 May 2011, the Higher Regional Court in Düsseldorf asked the Federal Constitutional Court to review the constitutionality of certain procedural provisions of the German Competition Act. The Düsseldorf Court had doubts whether the accretion of interest to antitrust fines was compatible (...)

The EU Competition Commissioner Almunia proposes changes to the Commission’s procedural practice in antitrust investigations
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47457 visites
On 30 May 2011, Competition Commissioner Joaquín Almunia announced a number of modifications he intends to introduce to the procedural rules governing antitrust proceedings before the Commission. The contemplated modifications concern DG Competition’s procedural Best Practices and the revision (...)

The Dutch Competition Authority starts an investigation into the structure of the mortgage market and the pricing behaviour of mortgage lenders (Mortgage Market)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
The Netherlands: Sector Inquiry into Mortgage Market shows Decline in Margins back to pre- financial Crisis Level* In August 2010, the Netherlands Competition Authority (NMa) started an investigation into the structure of the Dutch mortgage market and the pricing behaviour of mortgage (...)

The French Supreme Court rules that a consumer organisation may not use the Internet to solicit victims of anticompetitive practices with a view to finding claimants for damages actions (UFC Que Choisir)
Vogel & Vogel (Paris)
France 94 contributions 119484 visites
UFC Que Choisir had complained of practices between three telephone operators that, in its view, were anticompetitive. Before the ruling against the operators, UFC Que Choisir had set up on its website a mechanism by which those with a grievance could develop their case in an online file. The (...)

The EU General Court rejects veto right for Member States for disclosing information supplied in State aid investigations (Gruppo Tirrenia)
Van Bael & Bellis (Brussels)
Belgique 155 contributions 34974 visites
In joined cases T-109/05 and T-444/05, the General Court (“GC”) recently ruled that the Commission had unlawfully refused to grant access to confidential data excluded from the public version of a Commission decision on state aid, and this despite the ulterior annulment of this decision. The (...)

The EU Commission fines company € 8 million for breaching a Commission seal during an inspection (Suez Environement)
European Commission - DG COMP (Brussels)
Belgique 11 contributions 26007 visites
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European Commission - DG COMP (Brussels)
Belgique 2 contributions 1281 visites
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EACEA (Education, Audiovisual and Culture Executive Agency)
Belgique 1 contribution 382 visites
"The Suez Environnement seal case – EUR 8 million fine for breaching a Commission seal during an inspection "* The Suez Environnement seal case – EUR 8 million fine for breaching a Commission seal during an inspection by Céline Gauer, Karine Bansard and Flavien Christ(1) In April 2010 (...)

The EU Commission fines two leading companies in the environment sector €8 million for breach of a seal during an inspection (Suez Environnement / Lyonnaise des Eaux)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47457 visites
On 24 May 2011, the Commission fined Suez Environnement and its subsidiary Lyonnaise des Eaux France (LDE) € 8 million for breach of a seal, affixed by the Commission during an inspection at LDE’s premises following suspicions of anti-competitive behaviour. From 13 to 16 April 2010, the (...)

The Maltese Parliament creates the Competition Authority and makes amendments to the Competition Act
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Malta: The Office for Competition becomes part of a wider Authority and significant Changes are made to the Competition Act* On 23 May 2011, the Malta Competition and Consumer Affairs Authority Act 2011 (the Act) entered into force. The Act provides for the establishment of the Malta (...)

The Finnish Competition Authority publishes draft guidelines regarding merger control and leniency (Merger control and leniency)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Finland: Public Consultation on Guidelines complementing the new Competition Act* On 11 March 2011, the Finnish Parliament approved the new Finnish Competition Act. The Act is expected to enter into force in 2011. The main amendments concern merger control enforcement, procedural rules and (...)

The Serbian Competition Authority revises its fining guidelines
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
The current Law on Protection of Competition is applied by the Serbian Competition Authority (KZK ) from 1 November 2009. At the same time it took some time for the Government to adopt the secondary legislation that would regulate in more detail the substantive and procedural aspects of the (...)

The UK Office of Fair Trading announces next steps in its investigation into the market for external audit services (Audit market investigation)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
United Kingdom: The Office of Fair Trading (OFT) announces next Steps in Audit Market* The OFT has been concerned for some time that the market for external audit services to large firms in the UK is highly concentrated, with substantial barriers to entry and switching. On 17 May 2011, (...)

The French Competition Authority issues guidance on its antitrust fines
JPTT-Vitale (Paris)
France 177 contributions 375575 visites
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Juliette Goyer Avocat (Paris)
France 22 contributions 62115 visites
On 16 May 2011, the Autorité de la concurrence, the French competition authority (the Autorité), unveiled its guidelines (the Communiqué) relating to the setting of financial penalties in antitrust cases. The Communiqué promised to herald a new, more sophisticated approach to competition law (...)

The French Competition Authority publishes new fining notice
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47457 visites
On 17 May 2011, the French Competition Authority published the final version of its new notice on the method of setting fines for competition law infringements (the "Fining Notice"). This document aims to enhance transparency on the method followed by the French Competition Authority when (...)

The German Competition authority enters final phase of its inquiry into milk sector (Inquiry into milk sector)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Germany: Bundeskartellamt (BKartA) enters final Phase of its Inquiry into Milk Sector* Having adopted an interim report in 2009 and concluded several merger and antitrust cases in the milk sector the BKartA intends to conclude its sector inquiry by the first quarter of 2012. The final (...)

The Mexican Congress gives new powers to the Federal Economic Competition Commission
Jones Day (Mexico)
Mexique 8 contributions 3622 visites
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Jones Day (Mexico)
Mexique 8 contributions 3622 visites
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Jones Day (Mexico)
Mexique 8 contributions 3037 visites
The Mexican Congress has given new powers to the country’s antitrust authority, the Federal Economic Competition Commission (the "Commission"). The amendments to the Federal Economic Competition Law (the "Law"), which became effective on 11 May 2011, are designed to strengthen the regulation (...)

The Bulgarian Competition Authority releases its 2011 annual report
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
On 14 May 2012 the Bulgarian Competition Authority (CPC) published its 2011 Annual Report. While the 2011 report covers various areas of the CPC’s activity including prosecution of unfair competition, competition advocacy and international cooperation, present review shall focus exclusively on (...)

A German Court rejects complaint from an association of hearing aid acousticians on a inspection of the German Competition Authority (AOK)
Van Bael & Bellis (Brussels)
Belgique 389 contributions 94960 visites
On 4 May 2011, the Higher Regional Court of Düsseldorf rejected the complaint of an association of hearing aid acousticians that claimed that the German Cartel Office (FCO) did not have the right, during an inspection at the association’s premises, to request the inspection of documents in (...)

The Portuguese Government reaches a Memorandum of Understanding with EU and IMF on granting financial assistance subject to specific economic and competition policy conditions
Cruz Vilaça Advogados (Lisbon)
Portugal 4 contributions 4634 visites
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Portuguese Competition Authority (Lisbon)
Portugal 1 contribution 526 visites
The views expressed here are the authors’ alone. 1. Introduction On May 3rd 2011 the Portuguese Government reached an agreement with the European Commission, the European Central Bank and the International Monetary Fund regarding a Memorandum of Understanding on specific economic policy (...)

The Brussels Court of Appeal requests the Supreme Court to rule on use of languages in competition proceedings
Van Bael & Bellis (Brussels)
Belgique 14 contributions 1623 visites
In a judgment of 3 May 2011, the Brussels Court of Appeal has requested the Supreme Court (Hof van Cassatie/Cour de Cassation) to give a preliminary ruling on questions relating to the use of languages in proceedings before the College of Competition Prosecutors. The case concerns a (...)

The EU Court of Justice adopts a preliminary ruling in a telecom case depriving Competition Authorities of the power to take negative decisions while enforcing competition rules under EU Reg. 1/2003 (Tele2 Polska)
European University Institute (Florence)
Italie 50 contributions 105537 visites
The Perverse Effects of the Court’s Ruling in Tele2 Polska* In its recent Tele2 Polska ruling, the Court deprived the National Competition Authorities "NCAs" of the ability to take "negative decisions" (C-375/09, Prezes Urzędu Ochrony Konkurencji i Konsumentów contre Tele2 Polska sp. z o.o., (...)

The EU Court of Justice rules that a National Competition Authority cannot adopt a decision ruling Articles 101 and 102 TFEU inapplicable (Tele2 Polska)
Vogel & Vogel (Paris)
France 94 contributions 119484 visites
The number-one Polish telecom operator – former State owned monopoly - was suspected of a violation of Article 8 of the Polish law on competition and consumer protection and of Article 102 of the Treaty on the Functioning of the European Union (TFEU). At the end of the procedure the Polish (...)

The Macedonian Competition Authority issues guidelines on definition of the relevant market
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
On 1 May 2011 the Macedonian Competition Authority (KZK) released the Guidelines on definition of the relevant market for the purposes of the Law on protection of competition. The newly adopted Guidelines filled in the gap, which appeared after the adoption of the new competition law in 2010. (...)

The IMF publishes a memorandum of understanding for Ireland on specific economic and competition policy conditionality for granting financial assistance
Irish Competition Authority (Dublin)
Irlande 1 contribution 657 visites
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Irish Competition Authority (Dublin)
Irlande 1 contribution 657 visites
1. Introduction Ireland has endured a dramatic reversal of fortune since the onset of the financial crisis. Up until a few years ago the fastest growing economy in Europe, Ireland finds itself excluded from the bond market and wholly dependent on external assistance from the IMF and its EU (...)

Regulatory

 The Moldovan Agency for Energy Regulation publishes its report on the petroleum market study for the first quarter of 2011
University of Macau - Faculty of Law
Chine 284 contributions 226183 visites
On 17 May 2011 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 2011. The markets for wholesale and retail trade in petroleum (...)

The French NCA issues an interim measures decision which orders the incumbent postal operator to confirm the suspension of its agreement with its biggest competitor (La Poste / Mondial Relay)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
France: The Autorité de la concurrence issues Interim Measures Decision in the Parcel Delivery Sector to confirm the Suspension of Horizontal Agreement between La Poste and its biggest Competitor* On 12 May 2011, the Autorité de la concurrence (the Autorité) issued an interim measures (...)

The Bulgarian Competition Authority adopts an opinion on draft amendments to the law on electronic communications
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Bulgaria: The Commission for the Protection of Competition (CPC) welcomes pro-competitive Amendments to Telecommunications Legislation* On 12 May 2011, the Commission on Protection of Competition (CPC) adopted an opinion on draft amendments to the Law on Electronic Communications (LEC). Some (...)

The Romanian Competition Council publishes its report on the inquiry into the wholesale market of pharmaceuticals (Wholesale market of pharmaceuticals)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220280 visits
Romania: Sector Inquiry Report on the Wholesale of Pharmaceuticals* In May 2011, the Romanian Competition Council (the RCC) published its report on the inquiry into the wholesale market of pharmaceuticals. The RCC opened the sector inquiry into the wholesale market of pharmaceuticals as a (...)