May 2017

General antitrust

 The EU Commission releases its final report on its two-year inquiry into the e-commerce sector
Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 1359 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 11 contributions 36255 visits
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Barclays (London)
United Kingdom 3 contributions 756 visits
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On 10 May 2017, the European Commission (Commission) released the final report on its two-year inquiry into the e-commerce sector (the Report). This Report presents the Commission’s definitive findings, taking account of comments received on its preliminary report of September 2016 and its (...)

The EU Commission publishes its final report on the e-commerce sector inquiry confirming its detailed preliminary findings
Kyriakides Georgopoulos (Athens)
Greece 61 contributions 2261 visits
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Kyriakides Georgopoulos (Athens)
Greece 28 contributions 925 visits
On 10 May 2017, the DG Competition of the European Commission, issued its “Final report on the E-commerce Sector Inquiry”, largely confirming its detailed preliminary findings, published in September 2016. Several competition concerns are reiterated in the Report in relation to recommending (...)

The EU Commission issues its final report on the e-commerce sector
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817156 visits
Antitrust: Commission publishes final report on e-commerce sector inquiry* The European Commission’s final report on the e-commerce sector inquiry identifies business practices that may restrict competition. It allows the Commission to target its enforcement of EU antitrust rules in (...)

The Estonian Parliament grants new powers to the Estonian Competition Authority to enforce competition law against public sector actors
Cobalt Legal (Tallinn)
Estonia 8 contributions 201 visits
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Confido Meditsiinikeskus (Tallinn)
1 contribution 38 visits
The Estonian Competition Authority (Konkurentsiamet) was recently granted new powers to enforce competition law against public sector actors. It has been a well–established understanding under Estonian competition law that state and municipal undertakings are subject to competition rules when (...)

The EU Commission publishes its final report on the e-commerce sector inquiry
Shearman & Sterling (London)
United Kingdom 3 contributions 1096 visits
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European Court of Justice (Luxembourg)
Luxembourg 15 contributions 40474 visits
The European Commission has published, on 10 May, its final report on the E- commerce Sector Inquiry (the “Final Report”). The Commission launched the E-commerce Sector Inquiry in May 2015 in the context of its Digital Single Market (“DSM”) strategy, aiming to ensure better access for (...)

The EU Commission publishes its final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56575 visits
On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. The Report consists of two documents: (i) a (...)

The EU Commission publishes its final report following its e-commerce sector inquiry as part of a larger digital market strategy that aims to achieve better access for consumers and businesses to online goods and services
Herbert Smith Freehills (London)
United Kingdom 14 contributions 2961 visits
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 3527 visits
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Herbert Smith Freehills (Brussels)
Belgique 116 contributions 71696 visites
On 10 May 2017 the EU Commission published its final report in the e-commerce sector inquiry launched in May 2015 as part of a wider Digital Market Strategy which aims to achieve better access for consumers and businesses to online goods and services across the EU. The aim of the sector (...)

The Hong Kong Competition Authority issues a report outlining the findings of its study into the auto-fuel market
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11352 visits
Competition Commission announces findings of its study into Hong Kong’s auto-fuel market* The Competition Commission (Commission) today (4 May) released a report outlining the findings of its study into the auto-fuel market in Hong Kong. The report identifies a number of issues which the (...)

Anticompetitive practices

 The Irish Central Criminal Court fines a company executive for his participation in a cartel and imposes a suspended prison sentence (Aston Carpets)
McCann FitzGerald (Dublin)
Ireland 6 contributions 1687 visits
Ireland - Hard-core cartel offender gets €7,500 fine and suspended sentence* Following a guilty plea to criminal bid-rigging and obstruction charges, a company director was fined €7,500 by an Irish judge on 31 May and sentenced to three months’ imprisonment (suspended – meaning no jail (...)

The Danish Competition Authority finds two manufacturers and two associations guilty of forming a cartel in the market for roofing membranes (Icopal / NWP / DTB / TOR)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217963 visits
Illegal agreement regarding the Danish market for roofing membranes EU* The Danish Competition Council has decided that the only two Danish manufacturers of roofing membranes; Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two associations Danske (...)

The Latvian Competition Authority fines nine distributors of professional stage equipment for bid-rigging (SGS Sistēmas)
Latvian Competition Council (Riga)
Latvia 122 contributions 23783 visits
The CC detects bid-rigging among distributors of professional stage equipment* On 30 May, the Competition Council of Latvia (the CC) adopted a decision to impose a fine on nine companies, which had coordinated their activities within the framework of procurements of public and municipal (...)

The US FTC reaches settlement agreement with a company on the challenged professional association rules due to restriction of competition among its organist and choral conductor members (AGO)
McDermott Will & Emery (Chicago)
United States 6 contributions 1434 visits
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McDermott Will & Emery (Washington)
United States 36 contributions 5933 visits
The two current commissioners of the Federal Trade Commission (FTC) approved a final order and consent agreement with the American Guild of Organists (AGO) after a public comment period of two months. The FTC alleged that the AGO violated Section 5 of the Federal Trade Commission Act by (...)

The Dutch Competition Authority sends a letter explaining the basic rules regarding fair competition to over 3,500 companies operating in the ports of Amsterdam and Rotterdam
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35011 visits
ACM calls port industry’s attention to competition rules* The Netherlands Authority for Consumers and Markets (ACM) has sent a letter explaining the basic rules regarding fair competition to over 3,500 businesses based in Amsterdam and Rotterdam that are active in the ports of those cities. (...)

The Croatian Competition Authority accepts remedies proposed by companies operating in the marine engines market (Duing / Fred Bobek)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19382 visits
Accepted Commitments by Duing and Fred Bobek* The Croatian Competition Agency (CCA) closed two proceedings for the establishment of prohibited agreements by accepting commitments proposed by the parties concerned – Duing d.o.o. from Viškovo and Fred Bobek d.o.o. from Vodice active in the (...)

The Russian Competition Authority opens administrative proceedings against an international audit company for its possible participation in an anticompetitive agreement (Deloitte)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55720 visits
FAS opened an administrative case against Russian office of “Deloitte”* On 15 May 2017, FAS opened administrative proceedings against “Deloitte and Tuche CIS” CJSC – Russian representative office of an international audit company “Deloitte”. In March 2017, investigating an antimonopoly (...)

The Latvian Competition Authority fines four providers of security services for bid-rigging (Bruks)
Latvian Competition Council (Riga)
Latvia 122 contributions 23783 visits
The CC detects bid-rigging by four security companies* On 11 May, the Competition Council of Latvia (the CC) took a decision to impose a fine on four providers of security services – SIA “Bruks”, SIA RK “Nivios-LTD”, SIA “Puma” and SIA “Lat Jur Fin” – for lasting and systematic (...)

The Indian Supreme Court clarifies the scope of the investigative powers of the Director General of the Competition Authority and the establishment of an agreement to indulge in collusive bidding (Crop Care)
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19312 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 60 contributions 17543 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20412 visits
On 10 May 2017, the Supreme Court of India published its judgment dated 8 May 2017 in Excel Crop Care Ltd. v. Competition Commission of India & Anr . This judgment deals with important issues on the applicability of the Competition Act, 2002 (Competition Act) to conduct prior to its coming (...)

The EU Commission publishes its final report on the inquiry into the e-commerce sector
Dentons (Berlin)
Belgium 6 contributions 5378 visits
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DLA Piper (London)
United Kingdom 2 contributions 414 visits
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DLA Piper (Amsterdam)
Netherlands 1 contribution 365 visits
On 10 May 2017, DG Competition of the European Commission (the "Commission") published its final report on the inquiry into the e-commerce sector (launched in May 2015 as part of the Digital Single Market strategy). The findings in the report are based on information gathered from 1,900 (...)

The EU Commission issues a final report on its e-commerce sector inquiry and updates its digital single market plans
Norton Rose Fulbright (Brussels)
United States 31 contributions 13946 visits
EU issues final report on its e-commerce sector inquiry and updates its digital single market plan* On May 10, 2017, the European Commission published the final report on its sector inquiry on competition in the e-commerce sector (the E-Commerce Report) and a mid-term review of its digital (...)

The US DoJ charges two senior vice presidents company for price fixing of shelf-stable tuna fish (Bumble Bee Foods)
Amgen (Thousand Oaks)
United States 3 contributions 228 visits
Bumble Bee Foods, and two of its senior vice presidents, have recently pled guilty to US Department of Justice (DOJ) charges that they engaged in a conspiracy to fix prices of shelf-stable tuna fish sold in the United States from 2011 to 2013. Bumble Bee agreed to pay a $25 million criminal (...)

The EU Commission accepts commitments to remove most favoured nation clauses from e-book distribution agreements (Amazon)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56575 visits
On 4 May 2017, the European Commission (“Commission”) announced that it had accepted, pursuant to Article 9 of Regulation (EC) No.1/2003, to make binding commitments that Amazon offered ending the use of parity clauses in distribution agreements with electronic book (“e-book”) publishers. (...)

The Turkish Competition Authority rejects the complaint that the recommendation of some vehicle tracking system providers vis-à-vis others by the Union of Road Transporters Association violates the competition act (Mobiliz)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 11955 visits
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the recommendation of some vehicle tracking system providers vis-à-vis others in a letter drafted by the Union of Road Transporters Association in Ankara (Association) and sent to its (...)

The Belgian Competition Authority fines several companies for bid-rigging (Siemens)
Belgian Competition Authority (Brussels)
Belgium 108 contributions 22766 visits
The Belgian Competition Authority imposes fines totalling 1 779 000 euros for a cartel in the context of a public contract* The Investigation and Prosecution Service of the Belgian Competition Authority (hereinafter “the Investigation and Prosecution Service”) sanctions a cartel between five (...)

The Belgian Competition Authority fines the members of a bid-rigging cartel in the context of public tenders for a railway infrastructure (ABB / AEG / Siemens / Schneider / Sécheron)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92599 visits
On 2 May 2017, the Belgian Competition Authority (“BCA”) found that ABB, AEG, Siemens, Schneider and Sécheron had engaged in a cartel in the context of public tenders organised by government-owned railway network company Infrabel and imposed fines amounting to a total of € 1,779,000. (...)

Unilateral Practices

 The Paris Court of Appeal affirms a lower court ruling that an incumbent telecoms operator constructively refused to deal with a downstream competitor by charging an excessive rate for a list of telephone subscribers (Orange / Lectiel)
Herbert Smith Freehills (Paris)
France 56 contributions 12568 visits
Brief summary of facts Orange, the French incumbent telecom operator, refused to provide Lectiel with a list of telephone subscribers. Orange offered to provide the list through a dedicated telematics service but Lectiel argued that the rate charged for such service was excessive. The FCA (...)

The UK Competition Appeal Tribunal holds that a law society abused its dominant position in the market for anti-money laundering and mortgage fraud training (Socrates Training / The Law Society)
Osborne Clarke (London)
United Kingdom 28 contributions 719 visits
Brief summary of facts Socrates Training Limited, a provider of online training, claimed that both it and the Law Society of England and Wales offer online anti-money laundering (AML) training for law firms on a commercial basis and online training to property lawyers to avoid mortgage (...)

The Dutch Competition Authority finds that the incumbent rail company abused its dominant position with two separate infringements (Nederlandse Spoorwegen)
Euroclear (Brussels)
Belgium 7 contributions 1436 visits
In the Netherlands, the public transport by rail is organised in two ways. On the one hand, there is the main railway network, which mainly covers the intercity connections and is exploited by NS. On the other hand, there are the regional railway networks, which include slow train services. (...)

The Dutch Competition Authority fines €41 million a rail operator for winning tenders through various abuses of dominance (Nederlandse Spoorwegen)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65805 visits
On 29 June 2017, the Dutch Competition Authority (“DCA”) published the non-con dential version of a decision of 22 May 2017 imposing a €40.95 million fine on Dutch rail operator Nederlandse Spoorwegen (“NS”) for abusing its dominant position in the context of a tender for public transport (...)

The EU General Court addresses concepts of vexatious action and abuse of regulatory procedure in a judgment upholding rejection of a complaint (Agria Polska)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65805 visits
On 16 May 2017, the General Court offered guidance on the concepts of vexatious action and abuse of regulatory procedure in the context of a judgment upholding a Commission decision to reject a complaint brought by Agria Polska and four other companies active in the parallel importation of (...)

The EU Commission opens formal investigation into a pharmaceutical company for excessive pricing practices (Aspen Pharma)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
Antitrust: Commission opens formal investigation into Aspen Pharma’s pricing practices for cancer medicines* The European Commission has opened a formal investigation into concerns that Aspen Pharma has engaged in excessive pricing concerning five life-saving cancer medicines. The Commission (...)

The Russian Competition Authority announces the payment of a fine by a multinational technology undertaking following a settlement (Google)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55720 visits
Google paid the fine* On 9 May 2017 Google Inc. Paid a 438,067,400 RUB administrative fine imposed by the Federal Antimonopoly Service. On 17 April 2017 the 2-year dispute between the Federal Antimonopoly Service and “Google” ended in an amicable settlement reached at the Arbitration Court (...)

The Croatian Competition Authority finds that a company did not abuse its dominant position in the provision of repair and maintenance services for cars (Grand Auto)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19382 visits
The Croatian Competition Agency (CCA) found that the undertaking Grand Auto from Zagreb did not abuse its dominant position in the provision of repair and maintenance services for the car-makes Land Rover and Jaguar in the territory of the Republic of Croatia. The sole fact that Grand Auto has (...)

The Russian Competition Authority sanctions an energy company for abuse of dominance in the electricity market (Novgorodoblenergo)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55720 visits
“Novgorodoblenergo” JSC abused market dominance* Novgorod OFAS found that the company violated the Federal Law “On Protection of Competition” The antimonopoly body opened a case upon complaint from “Elkom” Ltd. Prior to initiating the proceedings Novgorod OFAS issued a warning to (...)

The Chinese High Court of Shanghai dismisses a damages claim against a government designated auction house over an alleged abuse of dominant position (Pan Yao / Shanghai International Commodity Auction)
King & Capital Law Firm (Beijing)
China 5 contributions 85 visits
Brief summary of facts The claimant was a resident of Shanghai and began to participate in the vehicle licence plates auction for his motor vehicle since 2016. The defendant was the only auction house for the city’s non-business vehicle licence plates designated by the Shanghai municipal (...)

The French Court of Appeal for Paris reduces damages to be paid by a telecoms company to a party with which it concluded an exclusive distribution agreement on the grounds that the claimant could not adequately evidence the damage that occurred as a result of opportunity cost (Orange Caraïbe / Outremer Telecom)
Herbert Smith Freehills (Paris)
France 56 contributions 12568 visits
Brief summary of facts Orange Caraïbe has: (i) imposed exclusivity clauses in distribution agreements with its independent distributors; (ii) applied an exclusivity clause inserted in a contract concluded with Cetelec, the sole authorised repairman of terminals in the Caribbeans; (iii) set (...)

The Turkish Competition Authority is to clarify the methods for determining whether the pricing is excessive (Sahibinden.com)
Boğaziçi University (Istanbul)
Turkey 7 contributions 2209 visits
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ACTECON (Istanbul)
Turkey 4 contributions 661 visits
I. Introduction Turkey, being under the obligation to harmonise its laws with the EU rules, naturally draws lessons from the European Commission’s practice and Court of Justice of the EU (CJEU)’s precedents. The recent judgement of the in AKKA/LAA case clarifying the methods for (...)

The EU Commission accepts remedies proposed by an electronic commerce company in the e-books sector (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
Antitrust: Commission accepts commitments from Amazon on e-books* The European Commission has adopted a decision that renders legally binding the commitments offered by Amazon. The commitments address the Commission’s preliminary competition concerns relating to a number of clauses in (...)

Mergers

 The EU Commission conditionally approves the acquisition of de facto sole control over an Italian incumbent telecommunications company, subject to remedies (Telecom Italia / Vivendi)
European Commission - DG COMP (Brussels)
Belgium 1 contribution 365 visits
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European Commission - DG Internal Market and Services (Brussels)
Belgium 4 contributions 3326 visits
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European Commission - Secretariat General (Brussels)
Belgium 3 contributions 730 visits
Vivendi/Telecom Italia - jurisdictional and substantive assessment of minority shareholdings* In a nutshell: The Vivendi/Telecom Italia case raised interesting issues related to minority shareholdings. In relation to jurisdiction, the transaction consisted of the acquisition of (de facto) (...)

The Indian Competition Authority conditionally clears a merger between an international and a national telecommunications company (Bharti Airtel / Telenor)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41994 visits
India: CCI approves combination of Bharti Airtel and Telenor* The CCI vide its order dated 30 May, 2017 has approved the amalgamation of Telenor India along with its assets, liabilities, interests and obligations with Airtel through a court driven scheme of merger. Airtel, a part of the (...)

The EU Commission clears a merger subject to remedies in the telecommunication market (Telecom Italia / Vivendi)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
MERGERS: COMMISSION APPROVES VIVENDI’S ACQUISITION OF TELECOM ITALIA, SUBJECT TO CONDITIONS* The European Commission has approved the acquisition of de facto control over Telecom Italia by Vivendi. The decision is conditional on the divestment of Telecom Italia’s stake in Persidera. (...)

The German FCO publishes merger remedies guidelines
Heinz & Zagrosek (Köln)
Germany 23 contributions 13098 visits
Bundeskartellamt publishes merger remedies guidelines* On May 30, 2017, the Bundeskartellamt (Federal Cartel Office, "FCO“) has published guidelines on remedies in German merger control, also available in an English translation. The very detailed guidelines (87 pages) provide a comprehensive (...)

The German Competition Authority clears a joint venture in the retail sector (EDEKA / Budnikowsky)
German Competition Authority (Bonn)
Germany 447 contributions 113619 visits
Bundeskartellamt clears EDEKA/Budnikowsky cooperation* The Bundeskartellamt has cleared the launch of a joint venture between EDEKA and Budnikowsky. Andreas Mundt, President of Bundeskartellamt: "When we assess mergers in the retail sector we always have to examine the competitive (...)

The Belgian Competition Authority decides not to modify the notification thresholds for mergers
Belgian Competition Authority (Brussels)
Belgium 108 contributions 22766 visits
Evaluation of the notification thresholds for concentrations in Belgium* The Code of Economic Law provides that the merger control provisions only apply where, together, the undertakings concerned have a turnover of more than EUR 100 million in Belgium and, at least two of the undertakings (...)

The EU Commission fines a company for providing incorrect or misleading information during its investigations on a merger (Facebook / WhatsApp)
Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 37739 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 40 contributions 39303 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 4 contributions 3857 visits
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On May 18, 2017, the European Commission (the “Commission”) fined Facebook €110 million for providing incorrect or misleading information during its 2014 investigation of its acquisition of WhatsApp The magnitude of the fine dwarfs the few penalties the Commission has imposed in the past for (...)

The EU Commission fines a big tech company for providing incorrect or misleading information during the merger control review process (Facebook / Whatsapp)
Milbank (London)
United Kingdom 21 contributions 12196 visits
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Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 98635 visits
THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information* The Commission’s EUR 110 million fine on Facebook for breach of its procedural obligations under the EU merger control rules underscores the need to submit full, accurate and reliable (...)

The EU Commission sends a statement of objections alleging that multinational telecommunications company breached the EU Merger regulation by implementing its acquisition before notification or approval by the Commission (Altice / PT Portugal)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71696 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 2961 visits
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Herbert Smith Freehills (Paris)
France 94 contributions 45521 visits
On 18 May 2017, the European Commission imposed a record fine of €110 million on Facebook for providing incorrect/misleading information to the Commission during its review of Facebook’s acquisition of WhatsApp under the EU merger regulation (EUMR). On the same day, the Commission issued a (...)

The EU Commission alleges a telecommunication company has breached EU rules by implementing its merger before notification or approval (Altice / PT Portugal)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
Mergers: Commission alleges Altice breached EU rules by early implementation of PT Portugal acquisition* The European Commission has sent a Statement of Objections alleging that multinational telecommunications company Altice (the Netherlands), breached the EU Merger Regulation by (...)

The EU Commission fines an undertaking €110 million for providing misleading information to the Commission during its review of the acquisition (Facebook / WhatsApp)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71696 visits
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Herbert Smith Freehills (Paris)
France 94 contributions 45521 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 2961 visits
On 18 May 2017, the European Commission imposed a record fine of €110 million on Facebook for providing incorrect/misleading information to the Commission during its review of Facebook’s acquisition of WhatsApp under the EU merger regulation (EUMR). On the same day, the Commission issued a (...)

The EU Commission fines a social network company for providing misleading information during a merger investigation (Facebook / WhatsApp)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
Mergers: Commission fines Facebook €110 million for providing misleading information about WhatsApp takeover* The European Commission has fined Facebook €110 million for providing incorrect or misleading information during the Commission’s 2014 investigation under the EU Merger Regulation of (...)

The EU Commission sends a statement of objections to a company to investigate whether a merger was implemented before the Commission’s clearance (Altice / PT Portugal)
Shearman & Sterling (London)
United Kingdom 30 contributions 14035 visits
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UK Competition & Markets Authority - CMA (London)
Belgium 12 contributions 13059 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 14022 visits
When a transaction meets the thresholds of the EU Merger Regulation, companies must notify and obtain clearance from the European Commission before implementing the transaction. This means that until clearance is obtained, companies should continue to operate independently (including (...)

The EU Commission clears a merger, subject to remedies, in the chemicals market (Reichhold / Polynt)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
MERGERS: COMMISSION APPROVES MERGER BETWEEN CHEMICAL PRODUCERS REICHHOLD AND POLYNT, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the merger between chemical producers Reichhold (US) and Polynt (Italy). Both produce unsaturated polyester resins, (...)

The EU Commission clears a merger, subject to remedies, in the market of semiconductor devices (Brocade / Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
MERGERS: COMMISSION CLEARS ACQUISITION OF BROCADE BY BROADCOM, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of networking products supplier Brocade (US) by semiconductor manufacturer Broadcom (US/Singapore), subject to (...)

The Polish Competition Authority clears a merger in the airport duty-free shops market (Inflight Service Poland / Lagardère Duty-Free)
Greenberg Traurig (Warsaw)
Poland 3 contributions 821 visits
The President of the Polish Office of Competition and Consumer Protection (“OCCP”) in his decision no. DKK 72/2017 of 11 May 2017 issued consent for concentration on the market for duty-free shops. As the proceedings demonstrated, the acquisition of Inflight Service Poland by Lagardère (...)

The Spanish Competition Authority rules that a pay-TV operator should compensate its competitors for the excess payments for the rental of pay-tv channels, in the context of monitoring proceedings of a merger decision (Telefonica / DTS)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46181 visits
The NMCC has ordered Telefonica to compensate its competitors Vodafone, Telecable and Total Channel for the excessive wholesale prices paid for football channels Canal+ Liga and Canal+ Partidazo in the season 2015/2016. This order is in the context of monitoring proceedings of the merger (...)

The French Competition Authority clears a merger in the cured meat products market (Financière Turenne Lafayette / Coorperl Arc Atlantique)
French Competition Authority (Paris)
France 741 contributions 394629 visits
The Autorité de la concurrence clears the acquisition of full control of the cured meats’ division of Financière Turenne Lafayette (Paul Prédault, Madrange…) by Coorperl Arc Atlantique (Brocéliande)* Parties to the operation On 4 May 2017, Cooperl Arc Atlantique (VériTable, L’atout prix or (...)

The German Competition Authority publishes merger remedies guidance
Jones Day (Frankfurt)
Germany 11 contributions 4058 visits
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Jones Day (Brussels)
Belgium 46 contributions 18544 visits
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Jones Day (Dusseldorf)
Germany 19 contributions 6254 visits
The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control practice. They can enable the clearance of a merger under conditions and (...)

State Aid

 The EU Court of Justice finds that the transfer of public assets between State-owned companies for the purpose of extinguishing a debt may constitute State aid (Fondul Proprietatea / Complexul Energetic Oltenia)
Maastricht University
Belgium 353 contributions 64125 visits
Transfer of State Assets between State-Owned Companies* Transfers of public assets for the purpose of extinguishing debt have to be valued according to private creditor principle. Transfers of public assets that involve State aid must be notified to the Commission. Introduction Sale or (...)

The Austrian Supreme Court finds that the protective scope of standstill obligations does not include the prevention of damages incurred by a competitor who has been unlawfully passed over in a public tender (Bank Burgenland III)
University of Vienna
Austria 16 contributions 964 visits
Background & Facts of the case One of the most prominent lines of recent Austrian State aid case law is probably the one pertaining to Bank Burgenland (“BB”), which, until its privatisation, was a regional bank taking the form of a company limited by shares under Austrian law with its (...)

Procedures

 The US Supreme Court holds that patentees extinguishes patents rights on a product once it makes a sale of it (Impression Products / Lexmark International)
Crowell & Moring (Washington)
United States 17 contributions 2521 visits
Reversing long-standing Federal Circuit precedent, the United States Supreme Court has now held that a patentee extinguishes its patent rights on a product upon its sale of that product, regardless of (1) whether the patentee placed a restriction on the sale (prohibiting reuse or resale), or (...)

The Irish Supreme Court upholds the High Court judgement restraining the Competition Authority from reviewing certain electronic documents seized in a dawn raid (CRH)
The Bar of Ireland - The Law Library
Ireland 1 contribution 82 visits
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University Dublin College (UCD)
Ireland 4 contributions 10358 visits
Introduction On 29 May 2017, the Irish Supreme Court handed down a judgment in the case of CRH plc, Irish Cement Limited & Séamus Lynch v The Competition and Consumer Protection Commission in relation to the application of the statutory powers of entry, search, seizure and retention of (...)

The Spanish government implements the EU antitrust damages directive
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46181 visits
The government has issued an urgent Royal Decree-Law 9/2017 of 26 May (RDL) implementing Directive 2014/104/UE, of the European Parliament and the Council, of 26 November 2014 (Directive) into Spanish law. A Royal Decree-law is an instrument used by the government to legislate on matters that (...)

The Belgian Parliament implements the EU Damages Directive
European Commission - DG COMP (Brussels)
Belgium 1 contribution 198 visits
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King & Spalding (Brussels)
Belgium 8 contributions 1605 visits
Damage Control: The implementation of the EU Damages Directive in Belgium* On 18 May 2017, the Belgian Parliament transposed the EU Damages Directive (the “Directive“) into national law by way of the Act on Damage Claims for Breaches of Competition Law (the “Act“), which was published on 12 (...)

The Austrian Supreme Court decides in favour of the Austrian Federal Competition Authority on the lawfulness of an inspection
Transact Risk Partners (Amsterdam)
2 contributions 532 visits
The Austrian Supreme Court decides in favour of the Austrian Federal Competition Authority concerning the lawfulness of an inspection in conjunction with Art. 22 and Art. 12 Council Regulation (EC) No 1/2003. By the judgement delivered in this present antitrust case the Supreme Court of (...)

The EU Commission adopts the Proposal for a Regulation setting out the conditions and procedure by which it may request undertakings and associations of undertakings to provide information in relation to the internal market and related areas
UK Competition & Markets Authority - CMA (London)
Belgium 12 contributions 13059 visits
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European Court of Justice (Luxembourg)
Luxembourg 15 contributions 40474 visits
Hardly picked up by the specialised press, the Proposal for a Regulation setting out the conditions and procedure by which the European Commission may request undertakings and associations of undertakings to provide information in relation to the internal market and related areas (“the (...)

Regulatory

 The EU Court of Justice Advocate General Szpunar delivers his opinion in a case regarding the concept of information society service (Uber Spain)
MLAB Abogados (Madrid)
Spain 47 contributions 7695 visits
Quo Vadis EU law on e-platforms? A comment on the Advocate General’s Opinion in the Uber Spain Case. 1. Introduction: Background of the case In 2014, Uber launched its UberPOP service in Barcelona and Madrid. UberPOP enables users of Uber’s App to request a transport service from (...)

The EU Commission publishes its final report on the e-commerce sector inquiry
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 12501 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 68 contributions 31721 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 38 contributions 13003 visits
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On 10 May 2017, two years after launching its e-commerce sector inquiry on 6 May 2015, the European Commission published its final report (Final Report) on the inquiry. The inquiry was opened in the framework of the Commission’s broader Digital Single Market strategy, which was aimed at (...)

The Romanian Competition Authority issues its recommendations for the improvement of the medical services market
Romanian Competition Council (Bucharest)
Romania 158 contributions 27711 visits
The Competition Council makes recommendations for the improvement of the medical services market* The Competition Council finalized the sector inquiry on medical services in Romania and related activities and elaborated a series of recommendations for the development of this sector and (...)

The French Competition Authority issues an opinion to the Electronic Communications Authority concerning the fixed broadband and superfast broadband wholesale markets
French Competition Authority (Paris)
France 741 contributions 394629 visits
The Autorité de la concurrence issues an opinion to ARCEP (France’s Electronic Communications and Postal Regulatory Authority), in the framework of the fifth cycle of analysis of the fixed broadband and superfast broadband wholesale markets.* The Autorité de la concurrence agrees with most (...)

The German Competition Authority issues a final report on its sector inquiry into sub metering services
German Competition Authority (Bonn)
Germany 447 contributions 113619 visits
Sector Inquiry into Submetering of Heating and Water Costs* The Bundeskartellamt recommends measures to stimulate competition in the provision of submetering services. The authority has today presented its final report on its sector inquiry into submetering. Submetering services cover the (...)