May 2018

General antitrust

Anticompetitive practices

 The Russian Competition Authority exposes a large cartel of medical products suppliers (RM Endovascula / Raymed Trading Group PVT / Slonika...)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54479 visits
FAS exposed a large cartel of medical products suppliers* Moscow OFAS exposed a cartel formed by “RM Endovascular” Ltd., “Raymed Trading Group PVT” Ltd., “SLONIKA” Ltd., “EXOMEDIC” Ltd., “VASCULAR” Ltd., “BALTICAMED” Ltd., “LIFE MEDICINE” Ltd. and “INMED” Ltd. The companies took part in 124 auctions for (...)

The Indian Competition Authority dismisses allegations of collusion between a cement dealers’ association and cement manufacturers due to lack of evidence (Ramco / Kerala Cement Dealers’ Association KCDA)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41141 visits
CCI closes investigation against Kerala cement dealers’ association and cement manufacturers* The CCI by its order dated May 24, 2018 has closed the investigation against Ramco Cements Ltd (‘Ramco’) and the Kerala Cement Dealers’ Association (‘KCDA’). The investigation by the Director-General (‘DG’) (...)

The French Competition Authority fines a professional syndicate of winemakers for an anticompetitive agreement (Syndicat général des vignerons réunis des Côtes du Rhône)
French Competition Authority (Paris)
France 727 contributions 380527 visits
The Autorité de la concurrence fines the Syndicat général des vignerons réunis des Côtes du Rhône (the professional syndicate of Côte du Rhône winemakers) for an anticompetitive agreement* Based on a report submitted by the French Directorate General for Competition Policy, Consumer Affairs and Fraud (...)

The UK Competition Appeal Tribunal set to commence proceedings in a follow-on collective damages claim filed against truck manufacturers for participating in an illegal cartel (Trucks Cartel)
Osborne Clarke (London)
United Kingdom 24 contributions 553 visits
Brief summary of facts UKTC is applying for a collective proceedings order (“CPO”) permitting it to act as the class representative bringing a collective damages action on an opt-out basis. The proposed collective proceedings would combine follow-on actions for damages arising from a July 2016 (...)

The EU Court of Justice rules that Article 101 TFEU does not apply to circumstances where two separate and competing tenders are submitted by entities controlled by the same parent company (Šiauliai)
Orrick, Herrington & Sutcliffe (Paris)
France 17 contributions 25960 visits
Does the EU Court of Justice “Specializuotas transportas” case ring the death knell of the French derogation to intra-group immunity? In its judgment Šiaulių regiono atliekų tvarkymo centras and Ecoservice projektai UAB (Case C-531/16) rendered on May 17, 2018, the EU Court of Justice has ruled (...)

The Latvian Supreme Court decides that parent companies may be responsible for competition infringements of subsidiary companies (Moller Auto Baltic / Harald A.Moller / Heinz Wilke Autohandel)
Latvian Competition Council (Riga)
Latvia 117 contributions 22711 visits
Court: parent companies may be responsible for competition infringements of subsidiary companies* On 17 May, the Supreme Court adopted the decision, pursuant to which it is stipulated in the competition law of Latvia that parent companies may bear joint responsibility for infringements of (...)

The EU Court of Justice confirms that related undertakings are not obliged to disclose links between them to the public contracting authority and that they can submit non-concerted offers to the same bid (Šiauliai)
CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3171 visits
In a preliminary ruling dated 17 May 2018, the European Court of Justice (“ECJ”) considered that related companies are not obliged to disclose links between them when submitting separate offers for public procurement contracts. However, the contracting authority will be obliged to verify that (...)

The EU Court of Justice AG Campos Sánchez-Bordona suggests interpretation concerning the limitations of the contracting authority’s ability to demand full and unrestricted cooperation from undertakings seeking to reassure them that they have self-cleaned after participating in collusive practices in public markets (Vossloh Laeis / Stadtwerke München)
University of Bristol - Law School
United Kingdom 92 contributions 25102 visits
BID RIGGING, SELF-CLEANING, LENIENCY AND CLAIMS FOR DAMAGES: A BEAUTIFUL PROCUREMENT MESS? (C-124/17)* In his Opinion of 16 May 2018 in Vossloh Laeis, C-124/17, EU:C:2018:316 (not available in English), Advocate General Campos Sánchez-Bordona has offered an interesting view on the (...)

The US DoJ indicts the CEO of a seafood company on price-fixing charges (Bumble Bee Foods)
Pattern (Salt Lake City)
United States 1 contribution 218 visits
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Jones Day (Los Angeles)
United States 5 contributions 3406 visits
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Jones Day (Washington)
United States 14 contributions 8714 visits
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The U.S. Department of Justice indicted Bumble Bee Foods CEO Christopher Lischewski on price-fixing charges. Lischewski is the first CEO to be charged for his role in the alleged U.S. conspiracy to fix the price of packaged seafood. The Northern District of California grand jury indictment (...)

The UK Supreme Court finds that the OFT did not act unlawfully in failing to repay fines imposed on tobacco manufacturers as part of a retail pricing investigation’s settlement (Gallaher / Somerfield)
Herbert Smith Freehills (London)
United Kingdom 56 contributions 20003 visits
The Supreme Court has found that the OFT (the CMA’s predecessor) did not act unlawfully in failing to repay fines imposed on Gallaher and Somerfield as part of their settlement of the OFT’s tobacco retail pricing investigation. This was the case despite there being: a successful appeal against (...)

The EU Court of Justice AG Sañchez-Bordona issues opinion on the Member States’ ability to exclude from government tenders companies with a record of past illegality (Vossloh Laeis / Stadtwerke München)
Matheson (Dublin)
Ireland 13 contributions 1341 visits
On 16 May 2018, Advocate General Sañchez-Bordona of the Court of Justice of the European Union opined on the ability of Member States to take a harsh stance on the exclusion from Government tenders of companies with a record of past illegality, such as cartel behaviour or bid-rigging. While (...)

The Vilnius Regional Administrative Court upholds the Competition Authority’s decision which fined two construction companies for joint bidding in 24 tenders (PST / Irdaiva)
ESG Legal (Vilnius)
Lithuania 13 contributions 8171 visits
On 14 May 2018, the Vilnius Regional Administrative Court upheld the decision of the Competition Council of the Republic of Lithuania fining two construction companies: UAB IRDAIVA and AB PST for entering into anti- competitive joint bidding agreement . The Court confirmed the Competition (...)

The Vilnius Regional Administrative Court confirms the decision of the Competition Authority according to which two Lithuanian construction companies restricted competition by entering into bidding consortia (PST / Irdaiva)
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19319 visits
Vilnius Regional Administrative Court: Joint bidding by construction companies restricted competition* Vilnius Regional Administrative Court (the Court) upheld Competition Council‘s decision according to which two Lithuanian construction companies Panevėžio statybos trestas (PST) and Irdaiva (...)

The Hong Kong Competition Authority publishes a guide regarding a competition ordinance for the public sector
Hong Kong Competition Commission (Hong Kong)
Hong Kong 47 contributions 10032 visits
Competition Commission Publishes Handy Guide to Competition Ordinance for Public Sector* The Competition Commission (Commission) today (11 May) published a handy “Guide to Competition Ordinance” (Guide) for the public sector to assist personnel from the government, public bodies and law (...)

The Spanish Competition Authority fines five companies and three of their executives for an information exchange to collude in tenders for the award of institutional advertising contracts (Carat España / Inteligencia y Media / Media by Design / Media Sapiens / Persuade Comunicación)
European Commission
Belgium 45 contributions 20358 visits
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Gómez-Acebo & Pombo (Brussels)
United States 51 contributions 27476 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20333 visits
Five companies (Carat España SAU, Inteligencia y Media SA, Media by Design Spain SA, Media Sapiens Spain SL and Persuade Comunicación) have been sanctioned for a collusive behaviour consisting in the exchange of commercially sensitive information in order to share tenders in the Framework (...)

The Turkish Competition Authority prohibits the publishing of price lists by two professional federations of translators and translation offices (TUÇEF / TURÇEF)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1187 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 163 contributions 75450 visits
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) TUÇEF and TURÇEF decision (03.05.2018; 18-13/230-105). The Board reviewed the allegations put forward by Berkay Gökçe, a real person, against TURÇEF Yeminli Çevirmenlik Federasyonu (“TURÇEF”) and TUÇEF Uluslararası (...)

The EU Commission confirms that its officials carried out unannounced inspections in several Member States at the premises of metal packaging companies (Metal packaging manufacturers)
European Commission
Belgium 45 contributions 20358 visits
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Gómez-Acebo & Pombo (Brussels)
United States 51 contributions 27476 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20333 visits
On 24 April 2018, the European Commission carried out unannounced inspections at the premises of a number of companies active in metal packaging in several Member States. The Commission was accompanied by officials of the relevant national authorities. The investigation follows concerns about (...)

The Spanish National Markets and Competition Commission fines five companies and three company executives for bid-rigging of public tenders for institutional advertising services (Agencias de Medios)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45164 visits
On 7 May 2018, the NMCC imposed fines amounting to €7.12 million upon five companies: Carat España, S.A.U, Inteligencia y Media, S.A. (YMEDIA), Media By Design Spain, S.A. (MEDIA BY DESIGN), Media Sapiens Spain, S.L. and Persuadé Comunicación, S.A. and three of their managers or legal (...)

The German Competition Authority fines potato and onion packaging companies up to €13.2 million for fixing prices (Böhmer / Kuhn)
German Competition Authority (Bonn)
Germany 435 contributions 110388 visits
Bundeskartellamt imposes fines totalling 13.2 million euros on potato and onion packaging companies* The Bundeskartellamt has imposed fines totalling 13.2 million euros on two potato and onion packaging companies for fixing prices in their supplies to the Metro group. The companies concerned (...)

The Indian Competition Authority grants penalty reductions to 4 out of 6 members of a cartel guilty of bid-rigging public tenders for setting up solid waste processing plants (Nagrik Chetna Manch / Fortified Security Solutions)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41141 visits
CCI passes its third leniency decision* The CCI by way of an order dated May 1, 2018 has issued its third leniency order in the case of Nagrik Chetna Manch v. Fortified Security Solutions and Ors. (Case 50 of 2015) in which it granted reduction in penalty to four out of the six leniency (...)

Unilateral Practices

 The Italian Regional Administrative Court of Lazio upholds fine for abuse of dominance in the ice-cream market through rebates and exclusivity clauses (Unilever / Distribuzione Gelati)
European Commission - DG COMP (Brussels)
Belgium 11 contributions 6515 visits
The AGCM fined Unilever Italia Mkt Operations Srl (“Unilever”), which belongs to the Unilever Group and is active in the production and distribution of ice cream, food and home and personal care products, EUR 60.669 million for infringing Article 102 TFEU by putting in place exclusivity clauses (...)

The German Competition Authority considers that an abuse of dominance investigation is not justified in a case where a dominant airline company significantly increased prices on certain routes where it had a monopoly (Lufthansa)
German Competition Authority (Bonn)
Germany 435 contributions 110388 visits
Lufthansa tickets 25-30 per cent more expensive after Air Berlin insolvency – "Price increase does not justify initiation of abuse proceeding"* After the insolvency of Air Berlin, Lufthansa held a monopoly position for a few months on some German domestic routes. After receiving numerous (...)

The Australian Federal Court dismisses an appeal by the Competition Authority against a judgment establishing market power in the pharmaceutical sector (Pfizer)
Herbert Smith Freehills (Melbourne)
Australia 1 contribution 82 visits
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Herbert Smith Freehills (Melbourne)
Australia 8 contributions 901 visits
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Herbert Smith Freehills (Sydney)
Australia 15 contributions 1113 visits
The Full Court of the Federal Court of Australia has dismissed an appeal by the ACCC against an earlier judgment in relation to pharmaceutical company Pfizer. While the Full Court upheld the single judge decision that Pfizer had not misused its market power or engaged in prohibited (...)

The Moldovan Competition Authority orders a municipal administration to annul its discriminatory regulations on the location of street vending units (Chisinau Municipal Council)
University of Macau - Faculty of Law
China 284 contributions 224177 visits
On 24 May 2018, the Competition Council of the Republic of Moldova (CC) found the Chisinau Municipal Council (CMC) in violation of Competition Act for imposing restrictions on the location of the street vending units . The CC’s investigation was prompted by the complaint of Alitela Prim SRL (...)

The EU Commission accepts the commitments offered by an oil and gas company to enable the free flow of gas in CEE gas markets at competitive prices (Gazprom)
IPR University Center (Helsinki)
Finland 29 contributions 5359 visits
The European Commission Settles the Long-running Antitrust Case with Gazprom by Agreeing on Commitments* After almost seven years, the European Commission (“Commission”) settled its long-running antitrust case with the Russian energy giant, PJSC Gazprom and its wholly-own subsidiary Gazprom (...)

The EU Commission accepts commitments to settle an investigation into conduct affecting Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65025 visits
On 24 May 2018, the Commission adopted a decision accepting a number of commitments from Gazprom to address the Commission’s competition concerns regarding conduct by Gazprom that allegedly restricted the free flow of gas at competitive prices in Central and Eastern European gas markets. The (...)

The EU Commission imposes a set of binding obligations on a dominant gas supplier to enable free flow (Gazprom)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2704367 visits
Antitrust: Commission imposes binding obligations on Gazprom to enable free flow of gas at competitive prices in Central and Eastern European gas markets* The European Commission has adopted a decision imposing on Gazprom a set of obligations that address the Commission’s competition concerns (...)

The Croatian Competition Authority finds that a dominant telecommunications company did not abuse its dominance through predatory pricing (VIPnet)
Croatian Competition Agency (Zagreb)
Croatia 117 contributions 18497 visits
VIPnet – no abuse of dominant position* The Croatian Competition Agency (CCA) found that VIPnet did not abuse a dominant position in the access to public telephone network at a fixed location for residential and/or non-residential customers, retail fixed broadband access and Pay television in (...)

The UK High Court affirms its jurisdiction to hear claims relating to losses suffered by a UK company over an alleged abuse of a dominant position (Apple / Qualcomm)
Osborne Clarke (London)
United Kingdom 24 contributions 553 visits
Brief summary of judgment Summary judgment and jurisdiction ruling: May 2018 The High Court held that the claim against the First Defendant had no real prospect of success. Qualcomm (UK) Limited was not the owner of the relevant patents. Therefore, it had not taken on any relevant obligation (...)

The Indian Competition Authority opens investigation into abuse of dominance by a diversified textiles manufacturer in the market for Viscose Staple Fibre (Grasim Industries)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41141 visits
CCI directs investigation against Grasim Industries Ltd. (‘Grasim’) for abuse of dominant position* The CCI vide an order dated May 16, 2018 directed investigation against Grasim for abusing its dominant position in the relevant market for the sale of Viscose Staple Fibre in India. The (...)

The Cyprus Commission for the Protection of Competition imposes a fine of €1.19 million on an airport company for abuse of dominant position (Hermes Airports)
Stephanie Theodotou Lawyer (Cyprus)
9 contributions 1555 visits
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Trojan Economics (Nicosia)
Cyprus 11 contributions 2185 visits
Introduction On 16 May 2018, the Cyprus Commission for the Protection of Competition (the “Commission”) imposed a fine of €1 193 864 on Hermes Airports Ltd for infringing Section 6(1)(a) of the Protection of Competition Law (Law 13(I)/2008), as amended (the “Law”). The aforesaid infringement is (...)

The Spanish Competition Authority dismisses a complaint brought by an online travel agent against an airlines company for vertical abuse of dominance through vertical restraints (eDreams Odigeo / IAG)
International Airlines Group (IAG)
United Kingdom 1 contribution 203 visits
In May 2018, the Spanish Competition Authority (’CNMC’), dismissed a complaint brought by the online travel agent eDreams/Odigeo (“Odigeo”) against International Airlines Group (“IAG”), for alleged infringements of Articles 101 and 102 TFEU and its national equivalents under the Spanish Competition (...)

The Italian Competition Authority opens an investigation on alleged abuse of dominant position in the post-trading sector (Monte Titoli)
Italian Competition Authority (Rome)
Italy 64 contributions 16295 visits
Investigation initiated against Monte Titoli for possible anti-competitive behaviour in the post-trading sector* On May 9, 2018 the Italian Competition Authority opened an investigation concerning an alleged abuse of dominant position carried out by Monte Titoli – a company belonging to the (...)

Mergers

 The EU Court of Justice clarifies that the suspension obligation only applies to actions of the merging parties which contribute to the change in control of the target undertaking (EY / KPMG)
Freshfields Bruckhaus Deringer (London)
United Kingdom 8 contributions 2540 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 6 contributions 804 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 5 contributions 1069 visits
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On 31 May 2018, the EU’s Court of Justice (ECJ) gave judgment in the EY / KPMG case on whether the EU suspension obligation was violated when KPMG’s Danish unit terminated a material contract prior to receiving competition clearance for its merger with Ernst & Young (EY). The ECJ concluded (...)

The EU Court of Justice provides guidance on the merger notification obligation in EU regulation (EY / KPMG)
De Gaulle, Fleurance & Associés (Paris)
France 4 contributions 527 visits
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Milbank (London)
United Kingdom 21 contributions 11993 visits
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Arnold & Porter Kaye Scholer (Brussels)
France 64 contributions 98059 visits
European Court of Justice Provides Guidance on Scope of the Standstill Obligation Enshrined in the EU Merger Regulation* Pursuant to the EU merger control rules, a transaction that falls within the purview of the EU Merger Regulation (EUMR) must be notified to the European Commission (...)

The EU Court of Justice issues important ruling on gun jumping and on the scope of the standstill obligation contained in the EU Merger Regulation (EY / KPMG)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70763 visits
On 31 May 2018, the Court of Justice of the European Union (the “ECJ”) issued an important judgment on the scope of the standstill obligation contained in Article 7(1) of the EU Merger Regulation (the “EUMR”), which prohibits companies from implementing a notifiable concentration prior to clearance (...)

The EU Court of Justice puts an end to the extensive interpretation by some competition authorities of the concept of gun jumping (EY / KPMG)
Nest Avocats (Paris)
France 14 contributions 39024 visits
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Kramer Levin Naftalis & Frankel (Paris)
France 3 contributions 698 visits
In its judgment of 31 May 2018 (Case C-633/16, Ernst & Young), the European Court of Justice (ECJ) ruled that the termination of a cooperation agreement in connection with a M&A transaction prior to its clearing under merger control rules does not constitute a gun jumping practice. (...)

The EU Court of Justice clarifies the scope of gun jumping prohibition by excluding cooperation agreements which don’t contribute to the change in control of the target business (EY / KPMG)
Bryan Cave Leighton Paisner (Brussels)
Belgium 3 contributions 3584 visits
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MemeryCrystal
United Kingdom 12 contributions 2906 visits
EUROPEAN COURT OF JUSTICE CLARIFIES SCOPE OF GUN JUMPING PROHIBITION* Over the last year, we have noted an increased crackdown by competition agencies on so-called “gun jumping” – that is, the implementation of a merger before mandatory merger clearances are received. On 31 May 2018, the European (...)

The EU Court of Justice provides guidance on the standstill obligation which prevents parties from implementing their transaction before the EU Commission issues a clearance decision (EY / KPMG)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8568 visits
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Herbert Smith Freehills (Brussels)
Belgium 110 contributions 68828 visits
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Herbert Smith Freehills (London)
United Kingdom 56 contributions 20003 visits
For the first time since the EU Merger Regulation (EUMR) came into force the Court of Justice of the EU (CJEU) has provided guidance on the scope the standstill obligation (Article 7(1) EUMR) which prevents parties implementing their transaction before the EU Commission issues a clearance (...)

The EU Commission clears for the second time a merger subject to remedies on the market for the wholesale of premium Pay TV film channels (Liberty Global / Ziggo)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2704367 visits
Mergers: Commission confirms approval of acquisition of Dutch cable TV operator Ziggo by Liberty Global, subject to conditions* The European Commission has reapproved with conditions, under the EU Merger Regulation, the acquisition of Ziggo by Liberty Global. The merger was first approved in (...)

The Turkish Competition Authority clears a merger between retailers in the bookselling industry (Turkuvaz / D&R)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 163 contributions 75450 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 11 contributions 2770 visits
This case note analyses the Turkish Competition Board’s (“ Board ”) decision of May 29th, 2018 numbered 18-16/293-146 in which the Board assessed the acquisition of Doğan Müzik Kitap Mağazacılık Pazarlama AŞ (“ D&R ” or “ Target ”) and its two subsidiaries, namely, Hür Servis Sosyal Hizmetler ve Tic (...)

The Singaporean Competition Authority prohibits a proposed merger in the market of supply of maritime products leading the companies to abandon the deal (Wilhelmsen Maritime Services / Drew Marine Technical Solutions)
Baker McKenzie (Brussels)
Belgium 3 contributions 375 visits
Merger Control Infringement Decision - Consumer Commission of Singapore* On 25 May 2018, the Competition and Consumer Commission of Singapore (’CCCS’) provisionally concluded that the proposed merger between Wilhelmsen Maritime Services AS (“WMS”) and Drew Marine Technical Solutions (“DMTS”) was (...)

The French Competition Authority clears merger between two domestic electrical goods companies after concluding that the transaction is unable to give rise to anticompetitive effects in Guadeloupe (Cafom / Dimeco)
French Competition Authority (Paris)
France 727 contributions 380527 visits
RETAIL OF DOMESTIC ELECTRICAL GOODS IN THE FRENCH OVERSEAS DEPARTMENTS* The autorité de la concurrence clears the acquisition of the Dimeco society (connection , Circuit Ménager) bu the Cafom Group (But and Darty) Parties to the transaction On 18 April 2018, the Cafom group notified the (...)

The EU General Court orders Commission to re-examine a request to review merger commitment (Lufthansa)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70763 visits
On 16 May 2018, the General Court (“GC”) ruled that the European Commission had failed to properly examine a request by Lufthansa to review a merger commitment given by Lufthansa in order to secure EU merger clearance of its acquisition of Swiss Airlines. In order to allay competition concerns (...)

The EU General Court annuls the Commission’s rejection of an airline’s request for a waiver of pricing commitments, ordering that they be reviewed (Lufthansa)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 7203 visits
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McDermott Will & Emery (Paris)
France 122 contributions 63531 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6781 visits
Deutsche Lufthansa AG is a joint founder member of Star Alliance, the largest global airline alliance. In addition to the Star Alliance Agreement, Lufthansa concluded with Scandinavian Airlines System (SAS) a bilateral alliance agreement, a marketing and sales agreement, and a bilateral joint (...)

The EU General Court finds that the Commission must re-assess companies request to waive their pricing commitments (Lufthansa)
European Commission
Belgium 45 contributions 20358 visits
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Gómez-Acebo & Pombo (Brussels)
United States 51 contributions 27476 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20333 visits
In 2005, the European Commission cleared the planned acquisition of Swiss by Lufthansa subject to a a number of commitments, which included conditions on fares with regard to the Zurich-Stockholm and Zurich-Warsaw routes. On 4 November 2013, Lufthansa and Swiss submitted a request for a (...)

The Austrian and German Competition Authorities publish joint draft guidance on new filing thresholds
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70763 visits
On 14 May 2018, the German Federal Cartel Office (“FCO”) and the Austrian Federal Competition Authority (“FCA”) published for public consultation joint draft guidance on the newly introduced transaction value merger filing thresholds in Austria and Germany. By way of background, in May 2017, new (...)

The German and Austrian Competition Authorities submit for public consultation a joint draft guidance paper on the application of the new transaction value threshold in merger control
German Competition Authority (Bonn)
Germany 435 contributions 110388 visits
Joint guidance on new transaction value threshold in German and Austrian merger control submitted for public consultation* he Bundeskartellamt and the Austrian Federal Competition Authority have today submitted for public consultation a joint draft guidance paper on the application of the new (...)

The UK Administration amends jurisdictional thresholds for changes in control over businesses that are active in certain specific sectors
Crowell & Moring (London)
United Kingdom 16 contributions 9582 visits
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Simmons & Simmons (London)
United Kingdom 11 contributions 4141 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 7296 visits
On 14 May 2018, the Enterprise Act 2002 (Turnover Test) (Amendment) Order 2018 (SI 2018/593) and Enterprise Act 2002 (Share of Supply Test) (Amendment) Order 2018 (SI 2018/578) were published. These amend the jurisdictional thresholds set out in section 23 of the Enterprise Act 2002 (the Act) (...)

The Turkish Competition Authority approves the acquisition of control over a chemical company based on commitments submitted to the EU Commission (Bayer / Monsanto)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 163 contributions 75450 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 24 contributions 4655 visits
The Turkish Competition Board (“ Board ”) granted conditional approval to the acquisition of sole control over Monsanto Company (“ Monsanto ”) by Bayer Aktiengesellschaft (“ Bayer ”), by way of taking into account the commitments submitted before the European Commission (“ Commission ”). This case (...)

The EU Commission clears a merger subject to remedies on the European steel market (ArcelorMittal / Ilva)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2704367 visits
MERGERS: COMMISSION CLEARS ARCELORMITTAL’S ACQUISITION OF ILVA, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the acquisition of Ilva by ArcelorMittal. The decision is conditional on the divestiture of an extensive remedy package to preserve (...)

The EU Commission clears a merger subject to remedies in the aerospace sector (UTC / Rockwell Collins)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2704367 visits
MERGERS: COMMISSION APPROVES ACQUISITION OF ROCKWELL COLLINS BY UTC, SUBJECT TO CONDITIONS* The European Commission has approved, under the EU Merger Regulation, the acquisition of Rockwell Collins by United Technologies Corporation (UTC) in the aerospace sector. The decision is conditional on (...)

Structural remedies: The European Commission approves a $30 billion horizontal merger in the aviation industry, subject to the divestment of several businesses in actuators, pilot controls, ice protection and oxygen systems (UTC / Rockwell Collins)
Hogan Lovells (Paris)
France 38 contributions 19507 visits
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Hogan Lovells (Paris)
France 17 contributions 4935 visits
On 4 May 2018, the European Commission approved the acquisition by United Technologies Corporation (’UTC’) of the whole of Rockwell Collins, after a phase I investigation but subject to important structural remedies. UTC is a provider of high-technology products and services for the building and (...)

The Irish Competition Authority obtains remedies in order to clear a merger in the wholesale and retail market (4 Aces / BWG)
Irish Competition Authority (Dublin)
Ireland 93 contributions 14779 visits
CCPC COMMITMENTS FROM BWG TO SECURE APPROVAL FOR PROPOSED ACQUISITION OF 4 ACES WHOLESALE* Following an extensive investigation, the Competition and Consumer Protection Commission (CCPC) has today cleared the proposed acquisition of 4 Aces Wholesale Limited (“4 Aces”) by BWG Foods Unlimited (...)

State Aid

 The EU General Court confirms a Commission decision for the abolition of a sector specific tax exemption (Groningen Seaports)
Maastricht University
Belgium 338 contributions 58555 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission approves compensation granted by Denmark to the incumbent postal company to fulfil its public service mission (Post Danmark)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2704367 visits
State aid: Commission approves compensation granted by Denmark to Post Danmark for its universal service obligation* The European Commission has concluded that the compensation granted by Denmark to Post Danmark to fulfil its public service mission during the period 2017-2019 is in line with (...)

The EU Commission imposes to Germany to recover illegal aid from certain large electricity users exempted from network charges
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2704367 visits
State aid: Germany needs to recover illegal aid from certain large electricity users exempted from network charges in Germany in 2012-2013* The European Commission has concluded that the exemption for certain large electricity users in Germany from network charges in 2012-2013 was against EU (...)

The EU Commission approves the State aid granted to the incumbent postal operator in Denmark to meet the costs of its universal service obligations (Post Danmark)
Maastricht University
Belgium 338 contributions 58555 visits
Public Service Compensation Compensation for the provision of public services may not exceed the avoidable cost minus any forgone revenue from not having to provide those services. The VAT exemption for postal services is not State aid because it is laid down in the EU VAT directive and (...)

Procedures

 The EU Parliament and Council reach a provisional political agreement on a Commission proposal for a Directive to make Member States’ competition authorities even more effective enforcers of EU antitrust rules (ECN+ Directive)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46109 visits
On 30 May 2018, the European Parliament and the Council reached a provisional political agreement on a Commission proposal for a Directive to make Member States’ competition authorities even more effective enforcers of EU antitrust rules (the so-called “ECN+ Directive”). The Commission’s proposal (...)

The EFTA Court clarifies the applicable legal regime for private enforcement and margin squeeze (Fjarskipti / Siminn)
Municipality of Cagliari
159 contributions 131180 visits
Following a request for an advised opinion made by an Icelandic judge, the EFTA Court has handed down a judgement in the Fjarskipti v Siminn case touching on some procedural and substantive competition law issues. The EFTA Court clarified which are the rules that in the EFTA legal system apply (...)

The EU Commission welcomes provisional agreement reached by the EU Parliament and Council concerning new rules to make national competition authorities even more effective enforcers (ECN+ Directive)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2704367 visits
Commission welcomes provisional political agreement reached by European Parliament and Council on new rules to make national competition authorities even more effective enforcers* The European Commission welcomes the provisional political agreement reached today by the European Parliament and (...)

The Serbian Competition Authority issues dawn raids guidelines
Karanovic & Partners (Belgrade)
Serbia 6 contributions 221 visits
On 25 May 2018, the Serbian Commission for the Protection of Competition (the “Commission“) has published a dawn raid guidance (“Guidance“) on its investigative powers, rights and duties of the parties during dawn raids and sanctions for obstructing dawn raids. Powers of investigation The (...)

The High Court of Delhi upholds the right to counsel during antitrust investigation by Director General but restricts the scope of counsel to exclude direct consultation with client (Oriental Rubber)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41141 visits
Delhi High Court upholds right to counsel during DG investigation* The division bench of the Delhi High Court by its judgement dated May 24, 2018 in Competition Commission of India and Anr. v. Oriental Rubber Industries Pvt. Ltd. has upheld the right of a person summoned by the Director (...)

The Supreme Court of India rules that the appellate tribunal was not legally justified in dismissing the appeal of a cartel case (Himmatlal Agrawal / Competition Commission of India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41141 visits
Supreme Court limits NCLAT’s appellate jurisdiction* The Supreme Court of India in its judgement dated May 18, 2018 in M/s B. Himmatlal Agrawal v. Competition Commission of India, Civil Appeal No. 5029/2018 has set aside the NCLAT’s order and restored the appeal dismissed by the NCLAT. The (...)

The Chinese Government establishes the State Administration for Market Regulation, combining the antitrust enforcement responsibilities of the previous Price Supervision and Antimonopoly Bureau of the National Development and Reform Commission, the Antimonopoly Bureau of the Ministry of Commerce, and the Antimonopoly and Anti-unfair Competition Bureau of the State Administration of Industry and Commerce
Jones Day (Beijing)
China 44 contributions 20316 visits
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Jones Day (Beijing)
China 12 contributions 2168 visits
,
Jones Day (Shanghai)
China 51 contributions 23372 visits
China recently established the State Administration for Market Regulation ("SAMR"), which combines the antitrust enforcement responsibilities of the previous Price Supervision and Antimonopoly Bureau of the National Development and Reform Commission ("NDRC"), the Antimonopoly Bureau of the (...)

The Indian Supreme Court clarifies that the determination of relevant market is not a mandatory pre-condition for initiating investigations of alleged anticompetitive agreements (Co-ordination Committee of Artists and Technicians of West Bengal Film and Television Industry)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41141 visits
Supreme Court clears air on definition of relevant market in Section 3 (anti-competitive agreement) cases* The Supreme Court by its order dated May 7, 2018 has clarified that the determination of a ‘relevant market’ is not a mandatory pre-condition for undertaking an assessment of an alleged (...)

Regulatory

 The French State Council releases a decision on the compliance of french regulated public tariffs on electricity with EU law (Engie / ANODE)
JPTT-Vitale (Paris)
France 177 contributions 373385 visits
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JPTT-Vitale (Paris)
France 2 contributions 962 visits
Compliance with EU law by French regulated public tariffs, on both natural gas and electricity, is a long disputed legal question. In addition, two decisions from the Conseil d’Etat (“CE”), the French Supreme Administrative Court, apparently reach contradictory conclusions, first on 19 April 2017 (...)

The French Competition Authority issues an opinion that clarifies the conditions for application of competition law in the agricultural sector
French Competition Authority (Paris)
France 727 contributions 380527 visits
Agricultural sector* Following a referral by the government, the Autorité de la Concurrence has issued an opinion that clarifies the conditions for application of competition law in the agricultural sector Background During the French National Food Conference (États généraux de l’alimentation), (...)

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