May 2023

General antitrust

The German Competition Authority publishes the final report on its sector inquiry into messenger and video services Free
German Competition Authority (Bonn)
Messenger and video services: Bundeskartellamt on data protection, transparency and interoperability* Today the Bundeskartellamt has published the final report on its sector inquiry into messenger and video services. Andreas Mundt, President of the Bundeskartellamt: “Messenger and video (...)

The European Court of Human Rights holds that the transmission of data lawfully obtained by the Dutch Public Prosecution Service to Dutch Competition Authority does not violate right to privacy and right to an effective remedy (Burando / Port Invest)
European Court of Human Rights (Strasbourg)
Burando Holding B.V. and Port Invest v. the Netherlands (applications nos. 3124/16 and 3205/16) The applicant companies, Burando Holding B.V. and Port Invest B.V., are two Dutch companies involved in the collection of waste liquids from ships in the Rotterdam region. At the time of the events, (...)

The European Court of Human Rights holds that transmission of data lawfully obtained by the Dutch Public Prosecution Service to the Dutch Competition Authority does not violate the right to privacy and the right to an effective remedy (Janssen de Jong)
European Court of Human Rights (Strasbourg)
Janssen de Jong Groep B.V. and Others v. the Netherlands (no. 2800/16) The applicant companies, Janssen de Jong Groep B.V., Janssen de Jong Infra B.V. and Janssen de Jong Infrastructuur Nederland B.V., are three Netherlands-based companies. Janssen de Jong Groep B.V. is the sole shareholder of (...)

The European Court of Human Rights holds that the transmission of data lawfully obtained by the Dutch Public Prosecution Service to the Dutch Competition Authority does not violate the right to privacy and the right to an effective remedy (Ships Waste Oil Collector)
European Court of Human Rights (Strasbourg)
Ships Waste Oil Collector B.V. v. the Netherlands (no. 2799/16) The applicant company, Ships Waste Oil Collector B.V., is a company based in the Netherlands involved in the collection of waste liquids from ships in the Rotterdam region. The case concerns the transmission of data, lawfully (...)

The Irish Competition Authority partners with the Research Council to fund research into the electric vehicle charging market aimed at identifying competition risks and harms to consumers
Irish Competition Authority (Dublin)
CCPC partners with Irish Research Council to fund research into electric vehicle charging market* The Competition and Consumer Protection Commission (CCPC) is partnering with the Irish Research Council’s (IRC) New Foundations Scheme 2023. The scheme provides grants to pursue research, (...)

The EFTA Surveillance Authority holds that Iceland is in breach of EEA law for restricting market access for foreign bus operators
EFTA Surveillance Authority (Brussels)
Iceland in breach of EEA law for restricting market access for foreign bus operators* The EFTA Surveillance Authority (ESA) has today sent a reasoned opinion to Iceland for failure to comply with EEA rules on provision of coach and bus cabotage operations. The relevant EEA rules provide a (...)

Anticompetitive practices

The US District Court for the District of Massachusetts sides with the DOJ to halt an alliance in the airline industry (American Airlines / JetBlue) Free
US Department of Justice (Washington)
Justice Department Statements on District Court Ruling Enjoining American Airlines and JetBlue’s Northeast Alliance* Attorney General Merrick B. Garland and Assistant Attorney General Jonathan Kanter for the Justice Department’s Antitrust Division issued the following statements today regarding (...)

The US DOJ files a proposed amended complaint and consent decree with a fourth poultry producer to address the long-running conspiracy to suppress workers’ wages (George’s Food)
US Department of Justice (Washington)
Justice Department Files Proposed Amended Complaint and Consent Decree with Fourth Poultry Processor, Further Addressing Long-Running Conspiracy to Suppress Workers’ Compensation* Decree Prohibits the Exchange of Compensation Information, Requires Processor to Pay Restitution, and Subjects (...)

The French Competition Authority carries out unannounced inspections in the passenger rail transport, distribution of travel agency services and products, and digital mobility systems sectors following alleged anticompetitive practices
French Competition Authority (Paris)
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections were carried out in the passenger rail transport, travel agency services and products distribution, and digital mobility systems sectors* Following authorisation from a liberty and custody judge, the (...)

The Dutch Competition Authority fines three egg-product companies for illegal price fixing agreements with regard to the purchase of eggs from farmers (Interovo / Wulro / Global)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Three egg-product companies fined for illegal price-fixing agreements* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines on three companies that purchase eggs (Interovo, Wulro and Global) for concluding illegal price-fixing agreements with regard to the purchase of (...)

The Brazilian Competition Authority initiates a preliminary investigation into abuse of dominance against two Big Tech companies in a case involving the ‘Fake News’ Bill (Google / Meta)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE launches enquiry into abuse of dominant position by Google and Meta in case involving ‘Fake News’ Bill* On 2 May, the Office of the Superintendent-General of the Administrative Council for Economic Defense (CADE) launched a preliminary enquiry into alleged abuse of their dominant position (...)

The Australian Competition Authority denies airline operators’ request for re-authorisation of their charter alliance agreement (Virgin Australia / Alliance Airlines)
Australian Competition and Consumer Commission (Canberra)
ACCC denies re-authorisation of airline charter alliance* The ACCC has denied Virgin Australia Airlines and Alliance Aviation Services’ (ASX:AQZ) application for re-authorisation of their agreement to coordinate and jointly tender for and supply services to corporate customers, mainly for (...)

The Brazilian Competition Authority reaches a settlement with a heart diseases diagnosis and treatment device manufacturer due to its involvement in a cartel in the high technology medical devices market (Biotronik)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE signs agreement in cartel investigation related to procurement of orthotics and prosthetics* On 26 April, the Administrative Council for Economic Defense (CADE) signed a Cease and Desist Agreement with company Biotronik Comercial Médica in a proceeding related to a cartel in procurement (...)

The Danish Competition Authority issues a final fine for market sharing and anticompetitive pricing practices in the market for professional training (Nye Visioner)
Danish Competition and Consumer Authority (Copenhagen)
Last fine for cartel co-operation within the business concept Nye Visioner* The case regarding cartel co-operation within the business concept Nye Visioner is now concluded. The company Nye Visioner v/Susanne Christtreu has accepted fine for having infringed the competition law by entering (...)

Unilateral Practices

The Canadian Competition Authority obtains a court order to advance an investigation into the alleged abuse of dominance by a provider of technology solutions and support services (Dominion Lending Centres)
Canadian Competition Bureau (Gatineau)
Competition Bureau obtains court order to advance an investigation of Dominion Lending Centres* News release The Competition Bureau has obtained a court order to advance a civil investigation into alleged anti-competitive conduct by Dominion Lending Centres Inc. (DLC). The Bureau requires (...)

The Japanese Competition Authority issues a warning to a petroleum products retailer for selling at an excessively low price (SAN-AI Retail Service)
Japan Fair Trade Commission (Tokyo)
The JFTC Issued a Warning and Cautions to Petroleum Products Retailers that Operate Gas Stations in Tsuchiura City, Ibaraki Prefecture.* The Japan Fair Trade Commission (JFTC) today issued a warning to SANAI Retail Service Co., Ltd. (SAN-AI Retail Service) that operates a gas station in (...)

The Croatian Competition Authority terminates unfair pricing proceedings against the national postal service due to lack of evidence (Hrvatska Pošta)
Croatian Competition Agency (Zagreb)
CCA terminates proceeding against Croatian Post due to lack of evidence of unfair pricing* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules (...)

The French Competition Authority issues interim measures against a social media giant over an alleged abuse of dominance in the online ad verification sector (Meta) Free
French Competition Authority (Paris)
Online ad verification: The Autorité de la concurrence issues interim measures against Meta* Background Having received a complaint in October 2022 from the company Adloox SAS (hereinafter "Adloox") regarding practices implemented by the companies Meta Platforms Inc., Meta Platforms Ireland (...)

The Hellenic Competition Authority holds that a company active in bauxite production and supply market abused its dominant position through disrupting bauxite supply (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Commission (Athens)
Decision on the complaint lodged by MYTILINEOS against the companies IMERYS BAUXITE GREECE and IMERYS INDUSTRIAL MINERALS GREECE* Subject: Decision on the complaint lodged by MYTILINEOS S.A. - GROUP OF COMPANIES against the companies IMERYS BAUXITE GREECE SINGLE MEMBER S.A. and IMERYS (...)

The Mexican Competition Authority initiates an abuse of dominance investigation in the market for the distribution and commercialization of scopolamine
Mexican Competition Authority (Mexico City)
Cofece initiates investigation in the market for the distribution and commercialization of scopolamine in national territory* The Investigative Authority has indications of possible absolute monopolistic practices in the market for this active ingredient used in the manufacture of medicines. (...)

Mergers

The New Zealand Competition Authority receives an acquisition application from a company making home ventilation systems seeking to take over a rival (Volution Group / Proven Systems)
New Zealand Commerce Commission (Wellington)
Volution Group seeks clearance to acquire Proven Systems* The Commerce Commission has received a clearance application from Volution Group plc to acquire 100% of the business and assets of Proven Systems Limited. The parties overlap in the supply of home ventilation systems. Home ventilation (...)

The UK Competition Authority raises concerns over the takeover of 12 independent veterinary businesses by a large multinational business in the same industry (Medivet)
UK Competition & Markets Authority - CMA (London)
Vet business takeovers raise competition concerns for pet owners* CMA’s initial investigation into Medivet’s purchase of multiple independent vet businesses highlights potential price and quality issues The Competition and Markets Authority (CMA) has outlined its preliminary concerns that the (...)

The New Zealand Competition Authority receives a request to vary the terms of an existing cooperation agreement between two horse and greyhound betting companies (TAB / Tabcorp / Entain)
New Zealand Commerce Commission (Wellington)
TAB seeks variation to authorisation of its arrangements with Tabcorp to reflect strategic partnership agreement with Entain* The Commerce Commission (Commission) has received a request from TAB New Zealand (TAB) seeking to vary the authorisation granted by the Commission to certain (...)

The EU Commission clears an acquisition application by the Slovenian second largest retail fuel supplier seeking to acquire a rival (OMV Slovenija / MOL)
European Commission - DG COMP (Brussels)
Mergers: Commission clears acquisition of OMV Slovenija by MOL, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of OMV Slovenija by MOL. The approval is conditional on the divesture of 39 fuel stations in Slovenia to the (...)

The Romanian Competition Authority approves the takeover of an IT service provider by four related tech companies (Bittnet Systems / Dendrio Solutions / Cătălin-Cristian Georgescu / Constantin-Adrian Savu / Dataware Consulting)
Romanian Competition Council (Bucharest)
COMPETITION COUNCIL APPROVED THE TAKING OVER OF DATAWARE CONSULTING BY BITTNET SYSTEMS, CĂTĂLIN-CRISTIAN GEORGESCU AND CONSTANTIN-ADRIAN SAVU* The Competition Council approved the transaction by which Bittnet Systems S.A., Dendrio Solutions S.R.L., Cătălin-Cristian Georgescu and Constantin-Adrian (...)

The Romanian Competition Authority approves a merger transaction involving a cement manufacturer and a building material producer (Holcim / Betonexpres)
Romanian Competition Council (Bucharest)
The Competition Council approved the transaction by which Holcim (Romania) S.R.L. takes over the mobile concrete station in Florești, Cluj county, which belongs to Betonexpres S.R.L. Holcim (Romania) deals mainly with the manufacture of cement. The company manufactures and markets cement, (...)

The Romanian Competition Authority approves the takeover transaction involving a fruit and vegetable processing company and food processing firm (Morad Foods / Prefera Trading)
Romanian Competition Council (Bucharest)
COMPETITION COUNCIL APPROVED THE TAKING OVER OF PREFERA TRADING BY MORAD FOODS* The Competition Council approved the transaction by which Morad Foods in Bucharest, part of the Morad Group, intends to take over the company Prefera Trading in Alba county. Morad Food processes and preserves (...)

The French Competition Authority approves an application by two passenger transport companies to jointly acquire an electric moped rental company (RATP / CDC / Cityscoot)
French Competition Authority (Paris)
The Autorité de la concurrence clears the joint control of Cityscoot by RATP and Caisse des Dépôts et Consignations* Background On 26 July 2022, RATP Capital Innovation, a subsidiary of RATP group, and Caisse des Dépôts et Consignations notified the Autorité de la concurrence of their plan to take (...)

The New Zealand Competition Authority receives a clearance application from an Australian-based poultry seeking to acquire a day-old chicks seller (Inghams / Bromley Park Hatcheries)
New Zealand Commerce Commission (Wellington)
Inghams seeks clearance to acquire certain assets from Bromley Park Hatcheries* The Commerce Commission has received a clearance application from Inghams Enterprises (NZ) Pty Limited (Inghams) to acquire the assets of the Cobb Commercial and Riverland businesses of Bromley Park Hatcheries (...)

The US FTC opposes a biopharmaceutical giant’s $27.8B acquisition of a global biotechnology company on the grounds that the deal will entrench monopoly in the drugs market for thyroid eye disease and chronic refractory gout (Amgen / Horizon Therapeutics)
US Federal Trade Commission (FTC) (Washington)
FTC Sues to Block Biopharmaceutical Giant Amgen from Acquisition That Would Entrench Monopoly Drugs Used to Treat Two Serious Illnesses* The $27.8 billion acquisition of Horizon Therapeutics plc would enable Amgen Inc. to stifle competition for thyroid eye disease and chronic refractory gout (...)

The EU Commission conditionally approves the acquisition of a leading video game publisher by a Big Tech company (Microsoft / Activision Blizzard)
European Commission - DG COMP (Brussels)
Mergers: Commission clears acquisition of Activision Blizzard by Microsoft, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Activision Blizzard (‘Activision’) by Microsoft. The approval is conditional on full compliance (...)

The EU Commission sends a Statement of Objections to a Korean airline over its proposed acquisition of a rival (Korean Air / Asiana)
European Commission - DG COMP (Brussels)
Mergers: Commission sends Korean Air Statement of Objections over proposed acquisition of Asiana* The European Commission has informed Korean Air of its preliminary view that its proposed acquisition of Asiana may restrict competition in the markets for passenger and cargo air transport (...)

The UK Competition Authority approves a merger in the satellite communications market (Viasat/ Inmarsat)
UK Competition & Markets Authority - CMA (London)
Satellite merger approved after in-depth CMA probe* Following a provisional clearance in March, the CMA is now allowing the proposed merger of Viasat and Inmarsat to go ahead. Phase 2 investigation finds that – while Viasat and Inmarsat compete closely – the merged company will be challenged by (...)

The Irish Competition Authority conditionally clears a proposed acquisition in the wholesale distribution of food and grocery goods market (BWG Foods / Tuffy Wholesale)
Irish Competition Authority (Dublin)
CCPC requires binding commitments from BWG to acquire Tuffy’s Wholesale* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by BWG Foods Unlimited Company (BWG) of the entire issued share capital, (...)

The Hellenic Competition Authority clears the proposed acquisition of a company active in the aggregates sector by a rival (Lafarge Beton / Larsinos)
Hellenic Competition Commission (Athens)
Clearance of the notified concentration concerning the acquisition by the company under the name "LAFARGE BETON S.A." of sole control over the company ’LARSINOS S.A.’* Subject: Clearance of the notified concentration concerning the acquisition by the company under the name "LAFARGE BETON S.A." (...)

The New Zealand Competition Authority grants clearance for a proposed acquisition in the passive mobile telecommunications infrastructure industry (Connexa / 2degrees)
New Zealand Commerce Commission (Wellington)
Commission grants clearance for passive mobile tower assets deal* The Commerce Commission has granted clearance for Connexa Limited (Connexa) to acquire certain passive mobile telecommunications infrastructure assets from Two Degrees Networks Limited and Two Degrees Mobile Limited (2degrees). (...)

The UK Competition Authority publishes a notice of possible remedies based on its finding that a merger between two vehicle companies is likely to worsen vehicle salvage service options for car insurers (Copart / Hills Motors)
UK Competition & Markets Authority - CMA (London)
Merger could worsen vehicle salvage service options for UK car insurers* The CMA has provisionally found that Copart’s completed purchase of Hills Motors raises competition concerns in the supply of vehicle salvage services in the UK. An in-depth investigation by the Competition and Markets (...)

The US DoJ reaches settlement in suit to block a proposed acquisition of a residential door hardware manufacturer’s business division by a rival (ASSA ABLOY / Spectrum)
US Department of Justice (Washington)
Justice Department Reaches Settlement in Suit to Block ASSA ABLOY’s Proposed Acquisition of Spectrum Brands’ Hardware and Home Improvement Division* The Department of Justice announced today that it has reached a settlement in its litigation regarding ASSA ABLOY AB’s (ASSA ABLOY) proposed $4.3 (...)

The EU Commission clears the acquisition of an aluminium producer by a supplier of aluminium foundry alloys (Hydro / Alumetal) Free
European Commission - DG COMP (Brussels)
Mergers: Commission clears Hydro’s acquisition of Alumetal* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Alumetal by Norsk Hydro. The Commission concluded that the merger would not raise competition concerns in the European (...)

The Spanish Competition Authority initiates disciplinary proceedings against a telecommunications company for entering into an exclusive broadcasting agreement with a sports streaming firm in breach of a merger commitment (Telefónica / Dazn)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC initiates disciplinary proceedings against Telefónica for the agreement with Dazn regarding the exclusive rights to Formula 1* Telefónica allegedly failed to comply with certain commitments it made when acquiring DTS (formerly Sogecable) in 2015. Telefónica’s wholesale supply of its own (...)

The New Zealand Competition Authority releases a statement of preliminary issues for a proposed acquisition involving a multinational chemical and consumer goods company and an eco-friendly consumer products business (Henkel / Earthwise)
New Zealand Commerce Commission (Wellington)
Statement of Preliminary Issues released for Henkel’s proposed acquisition of the Earthwise brand and business* The Commerce Commission has published a statement of preliminary issues relating to an application from Henkel New Zealand Limited seeking clearance to acquire the Earthwise brand and (...)

The Spanish Competition Authority approves a proposed acquisition in the maritime transportation sector subject to certain commitments following an in depth investigation (Terminal Ferry de Barcelona / Grimaldi)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC approves the acquisition of Terminal Ferry de Barcelona (TFB) by the Grimaldi group subject to commitments.* Grimaldi has undertaken, among other things, to relinquish and return part of its current concession in the port of Barcelona to the Barcelona Port Authority (APB). The (...)

The Romanian Competition Authority approves the proposed acquisition in the production of labels market (All4Labels / Romprix Exim)
Romanian Competition Council (Bucharest)
COMPETITION COUNCIL APPROVED THE TAKING OVER OF ROMPRIX BY ALL4LABELS GROUP* The Competition Council approved the transaction by which All4Labels Group GmbH from Germany intends to take over Romprix Exim SRL from Ilfov County. All4Labels Group GmbH is part of All4Labels Group, an (...)

The Canadian Competition Authority requests information from market participants for a proposed acquisition in the financial services market (RBC / HSBC Canada)
Canadian Competition Bureau (Gatineau)
Competition Bureau seeks information from market participants to advance investigation of RBC’s proposed acquisition of HSBC Canada* Request for Information highlights areas under investigation The Competition Bureau has issued a request for information (RFI) to help gather facts about Royal (...)

State Aid

The General Court annuls the Commission’s decision to approve an aid measure consisting in subsidies paid by Italy to Italian airlines in the context of the COVID-19 pandemic (Ryanair) Free
General Court of the European Union (Luxembourg)
The General Court annuls the Commission’s decision to approve an aid measure consisting in subsidies paid by Italy to Italian airlines in the context of the COVID-19 pandemic* The Commission failed to provide a statement of reasons for its finding that the measure at issue was not contrary to (...)

The EU Commission approves a €1.3B Polish scheme to support agricultural producers’ payments of insurance premiums to cover adverse climatic events
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.3 billion Polish scheme to support agricultural producers’ payments of insurance premiums to cover adverse climatic events* The European Commission has approved, under EU State aid rules, a €1.3 billion Polish scheme to support agricultural producers to pay (...)

The EU Commission approves Danish measures to support new export and investment fund
European Commission - DG COMP (Brussels)
State aid: Commission approves Danish measures to support new export and investment fund* The European Commission has approved, under EU State aid rules, Danish measures to set-up Denmark’s Export and Investment Fund (‘the Fund’), with a total estimated value of over €4 billion. The Fund aims at (...)

The EU Commission approves €837M Spanish scheme to support the production of batteries for electric and connected vehicles to foster the transition to a net-zero economy
European Commission - DG COMP (Brussels)
State aid: Commission approves €837 million Spanish scheme to support the production of batteries for electric and connected vehicles to foster the transition to a net-zero economy* The European Commission has approved a €837 million Spanish scheme to support the production of batteries for the (...)

The EU General Court annuls the approval decision of the Commission on the recapitalisation of a German airline company in the context of the COVID-19 pandemic (Lufthansa) Free
European Court of Justice (Luxembourg)
The General Court annuls the decision of the Commission to approve the recapitalisation of Lufthansa by Germany, amounting to €6 billion euros, in the context of the COVID-19 pandemic* The Commission committed several errors, in particular, by considering that Lufthansa was unable to obtain (...)

The EU Commission approves €2.6B Swedish scheme to support companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €2.6 billion Swedish scheme to support companies in the context of Russia’s war against Ukraine* The European Commission has approved a €2.6 billion (SEK 29 billion) Swedish scheme to support companies active in southern Sweden in the context of Russia’s war against (...)

The EU Court of Justice AG Kokott considers that the Commission erred in finding that Luxembourg had granted unlawful State aid to a utilities group of companies in the form of tax advantages (Engie)
European Court of Justice (Luxembourg)
Tax rulings: Advocate General Kokott considers that the Commission erred in finding that Luxembourg had granted unlawful State aid to the Engie group in the form of tax advantages* First, national law alone constitutes the reference framework and, second, only manifestly incorrect tax rulings (...)

The EU Commission approves €1.47B Dutch schemes to reduce nitrogen deposition in nature conservation areas
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.47 billion Dutch schemes to reduce nitrogen deposition on nature conservation areas* The European Commission has approved, under EU State aid rules, two Dutch schemes with a total budget of around €1.47 billion to reduce nitrogen deposition on nature (...)

Procedures

The EU General Court dismisses an action brought by a BigTech firm against a Commission decision seeking the disclosure of documents identified by means of search terms on the grounds that the decision is consistent with the principle of proportionality (Meta) Free
European Court of Justice (Luxembourg)
Competition: The action brought by Meta Platforms Ireland (Facebook group) against a Commission request seeking disclosure of documents identified by means of search terms is dismissed* The General Court finds that Meta Platforms Ireland has not successfully demonstrated that the request to (...)

Regulatory

The French Competition Authority issues an opinion on certain provisions of the draft law to secure and regulate the digital space
French Competition Authority (Paris)
Cloud computing: The Autorité de la concurrence issues an opinion on certain provisions of the draft law to secure and regulate the digital space* Background Referred to by the French Deputy Minister in charge of the digital transition and telecommunications, the Autorité has issued an (...)

The French Treasury publishes its annual report on FDI control and screening of foreign investments
FGS Global (Paris)
,
University of Strasbourg
On the 9th of May 2023, the French Directorate General of the Treasury (DG Trésor) released its annual report on its foreign direct investment (FDI) screening activity. The report provides key insights on both the priorities and the practices implemented by the Treasury in its screening of (...)

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