November 2010

Anticompetitive practices

 The German Bundeskartellamt imposes first multi-million fines on chemical wholesalers for six regional cartels (BÜFA Chemikalien / Oldenburg, CG Chemikalien / Laatzen / Hanke & Seidel / Steinhagen)
European Commission (Brussels)
Belgium 720 contributions 192196 visits
Germany: The Bundeskartellamt imposes first multi-million Fines on Chemical Wholesalers for six regional Cartels – Investigation continues with regards to other Regions* On 26 November 2010, the Bundeskartellamt imposed fines totalling € 15 110 000 on 12 undertakings in the chemical wholesale (...)

The Danish court of first instance fines a jewellery producer for resale price maintenance (Lise Aagaard Copenhagen)
Van Bael & Bellis (Brussels)
Belgium 136 contributions 39204 visits
On 26 November 2010, the Court of First Instance of Copenhagen imposed a fine of approximately € 80,000 on Danish jewellery manufacturer Lise Aagaard Copenhagen A/S and a fine of approximately € 3,000 on one of its executives for preventing two Internet retailers from granting discounts. (...)

The Belgian Competition Council imposes interim measures on leading diamond company (De Beers / Diamond Trade)
Liège University
France 39 contributions 155716 visits
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Linklaters (Brussels)
Belgium 1 contribution 168 visits
1. The Parties Spira is a ‘sightholder’(a company purchasing rough diamonds). De Beers is the world leading company in the mining and trading of diamond. De Beers UK Limited - formerly The Diamond Trading Company Limited - and Diamdel NV are part of the De Beers Group. Diamond Trading Company (...)

The Chairman of the Czech Competition Authority confirms a CZK 52 million fine for the cartel of manufacturers of CRT screens (Samsung a. o.)
Kinstellar (Prague)
Czech Republic 1 contribution 625 visits
On 25 November 2010, the Chairman of the Czech Competition Authority (the “Competition Authority”) confirmed a fine of almost CZK 52 M imposed on five of the eight manufacturers of CRT screens who allegedly participated in a prohibited cartel agreement (the “Chairman’s Decision”). The manufacturers (...)

The Swedish competition authority initiates proceedings against tyre companies for participation in alleged bid-rigging cartel (Däckia and Euromaster)
Stockholm University
Sweden 5 contributions 7888 visits
On 24 November 2010, the Swedish Competition Authority (“the Competition Authority”) initiated proceedings in the Stockholm City Court against the two tyre dealers Däckia AB and Euromaster AB. According to the Competition Authority, the two companies have engaged in a bid rigging cartel operated (...)

The Danish Competition Authority finds resale price maintenance and restrictions of parallel trade in the electrical appliances sector but chooses not to impose fines (Witt Hvidevarer)
Van Bael & Bellis (Brussels)
Belgium 136 contributions 39204 visits
In a decision adopted on 24 November 2010, the Danish Competition Authority found that Witt Hvidevarer A/S (“Witt”), a Danish importer and wholesaler of robotic vacuum cleaners and floor washers manufactured by the American company iRobot, had engaged in anticompetitive practices over a period of (...)

The UK Court of Appeal upholds Chancellor’s order striking out "representative parts" of a class action claim (Emerald / British Airways)
Ropes & Gray (London)
United Kingdom 1 contribution 549 visits
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Latham & Watkins (London)
United Kingdom 7 contributions 8896 visits
Class Actions in the U.K: Emerald Supplies Limited & Anr. v. British Airways plc* The U.K. Court of Appeal has recently rebuffed an attempt by Plaintiff’s firm, Hausfeld, to bring a collective “opt out” style action using Rule 19.6 of the CPR rules (Emerald Supplied Limited v. British Airways (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on several manufacturers and distributors for price-fixing in the field of sales of electric wires for construction and distribution (Yazaki Corporation)
Japan Fair Trade Commission (Tokyo)
Japan 110 contributions 13276 visits
Cease and Desist Orders and Surcharge Payment Orders against Manufacturers and Distributors of Electric Wires for Construction and Distribution* The Japan Fair Trade Commission (JFTC), under the provisions of the Antimonopoly Act (AMA), has investigated companies engaged in manufacturing and (...)

The Romanian Competition Authority prosecutes seven tourism companies for price-fixing, market sharing and bid rigging practices (Tourism Cartel)
University of Macau - Faculty of Law
Macao 278 contributions 209938 visits
On 15 June 2009 the Romanian Competition Authority (CC) initiated an investigation concerning the existence of anticompetitive agreements among several undertakings that provided accommodation and treatment services at the Olănești spa resort. The CC suspected that seven tourism companies have (...)

The Hungarian Metropolitan Court of Appeal upholds an infringement decision of the NCA concerning an exclusive supply and purchasing arrangement and finds that the addressees of the decision have no standing to challenge immunity granted to another party (Kortex Mérnöki Iroda)
Baker McKenzie (Budapest)
Hungary 16 contributions 35209 visits
The Metropolitan Court of Appeal upheld a decision of the Hungarian Competition Authority concerning an exclusive supply – exclusive purchasing arrangement and found that the addressees of the decision have no standing to challenge immunity granted to another party. I. The background of the (...)

The Italian Administrative Court annuls the Competition Authority’s decision which rejected commitments offered by a credit card company in order to address competition concerns relating to interchange fees (MasterCard)
European Court of Justice (Luxembourg)
Luxembourg 4 contributions 4929 visits
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NCTM - Studio Legale Associato (Milan)
Italy 1 contribution 853 visits
I. Introduction On 16 November 2010, the Regional Administrative Tribunal of Latium (the “TAR Latium”) annulled a decision by which the Italian Competition Authority (the “ICA”), rejected the commitments proposed by MasterCard in a proceeding pursuant to Article 101 TFEU (the “Commitments”). (...)

A US federal district court denies dismissal of antitrust conspiracy claim in tomato products industry (The Morning Star Company / SK Foods)
Wolters Kluwer (Riverwoods)
United States 78 contributions 35130 visits
Claim of Antitrust Conspiracy Among Tomato Processors Avoids Dismissal* The federal district court in Sacramento, California, has refused to dismiss an antitrust claim alleging that SK Foods L.P.—a now-defunct food products distributor—conspired with others to eliminate competition in the market (...)

The Spanish High Court reduces the fine imposed for collective recommendation in the food sector (Propollo)
DG COMP (Brussels)
Belgium 6 contributions 2632 visits
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Cuatrecasas, Gonçalves Pereira
2 contributions 478 visits
On November 10, 2010, the Spanish National High Court (Audiencia Nacional, the “AN”) partially upheld the Spanish Competition Commission’s (Comisión Nacional de la Competencia, the “CNC”) decision of September 29, 2009, and reduced the fine imposed on Interprofesional de Avicultura de Carne de Pollo (...)

The Spanish Supreme Court holds that the contracts between an oil operator and its resale distributors are legal (Repsol)
DG COMP (Brussels)
Belgium 5 contributions 2079 visits
I. Background On July 11, 2001, the Spanish Competition Authority (Tribunal de Defensa de la Competencia, TDC) resolved the case in its resolution number 490/00. In it, it was decided that Repsol S.A. had engaged in a practice prohibited by Article 1.1 of the Act 16/1989 (the former Antitrust (...)

The Japan Fair Trade Commission imposes surcharges on participants in bidding for offshore works (Kagoshima Prefecture)
Japan Fair Trade Commission (Tokyo)
Japan 110 contributions 13276 visits
Cease and Desist Orders and Surcharge Payment Orders against Participants in Bidding for Offshore Works ordered by Kagoshima Prefecture* The Japan Fair Trade Commission (JFTC), under the provisions of the Antimonopoly Act (AMA), has investigated participants in the bidding for offshore works (...)

The European Commission fines 11 air cargo carriers more than € 799 M for price-fixing cartel (Airfreight cartel)
Van Bael & Bellis (Brussels)
Belgium 358 contributions 69918 visits
On 9 November 2010, the Commission announced its decision to fine eleven air cargo carriers a total of € 799,445,000 for their involvement in a worldwide price-fixing cartel in the airfreight services sector. Air cargo carriers provide their services to freight forwarders, who arrange the (...)

The Romanian Competition Authority imposes a record fine on the professional association for fixing the minimum service fees of its members on the basis of both national and EU competition provisions (Expert and Licensed Accountants)
University of Macau - Faculty of Law
Macao 278 contributions 209938 visits
On 2 November 2010 the Romanian Competition Authority (CC) prosecuted the Body of Expert and Licensed Accountants of Romania (CECCAR) for publishing the minimum service fees to be applied by the CECCAR members. The CC held that setting of the minimum service fees amounted to price fixing (...)

The US FTC finds Michigan realtors’ policies violated antitrust laws in far reaching decision for joint ventures (Realcomp)
Jones Day (Washington DC)
United States 15 contributions 4746 visits
Last week the Federal Trade Commission ruled that a Michigan realtors’ group violated federal antitrust law by limiting the publication of certain types of real estate listings within its Multiple Listing Service (MLS) and publicly accessible real estate web sites. Reversing a 2007 ruling by an (...)

The Czech Regional Court in Brno rules that internal guidelines of an association of undertakings containing rules on determination of prices violate the ban on cartels (Sdruzeni pohrebnictvi)
Havel, Holasek (Prague)
Czech Republic 7 contributions 10975 visits
I. Introduction On 1 November 2010, the Regional Court in Brno (hereinafter the "Regional Court") dismissed an administrative lawsuit brought by the Association of Funeral Services in the Czech Republic (in Czech: Sdruzeni pohrebnictvi v CR; hereinafter the "AFS") against the first-instance (...)

Unilateral Practices

 The EU Commission opens in-depth investigation over the alleged antitrust violations in the online search market (Microsoft / Google)
Wolters Kluwer (Riverwoods)
United States 78 contributions 35130 visits
Microsoft Files Antitrust Complaint with European Commission Against Google* Microsoft Corporation has filed a formal complaint with the European Commission (EC) against Google Inc. as part of the EC’s ongoing antitrust investigation into the search engine company. In a March 30 blog post, Brad (...)

The Latvian Competition Authority fines retail chain for imposing unfair discounts on a milk processing company (Supernetto)
Konkurences padome (Riga)
Latvia 87 contributions 13022 visits
The Competition Council Fines Retail Chain for Imposition of Unfair Discounts on Milk Processing Company* On 30 November 2010 the Competition Council (CC) adopted a decision to fine one of the largest retail chains in Latvia RIMI Latvia Ltd. for abuse of dominant position in retail trade. It (...)

The EU Commission investigates in-depth competition concerns on the internet market as regards unfavourable treatment of competing services in unpaid and sponsored search results coupled with an alleged preferential placement of own services (Google)
Sheppard Mullin (Del Mar)
United States 3 contributions 305 visits
EC Investigates Google for Potential Abuse of Dominance in Online Search Market* In July 2010, Vice President of the European Commission (EC) responsible for competition policy, Mr. Joaquin Almunia, referred to the essential role that competition policy has in ensuring “market access and (...)

The US Federal Trade Commission settles antitrust charges against a leading microprocessor manufacturer (Intel)
Dish Network (Denver)
United States 7 contributions 15691 visits
On October 29, 2010, following a public comment period, the U.S. Federal Trade Commission (the “Commission”) approved the final decision and order settling the antitrust charges against Intel Corp. (“Intel”) for allegedly stifling competition in certain microprocessors markets. The proposed (...)

The Belgian Competition Authority imposes interim measures on the leading producer of rough diamonds (De Beers)
European Commission (Brussels)
Belgium 720 contributions 192196 visits
Belgium: The Competition Authority imposes Interim Measures on De Beers* In a decision of 25 November 2010, the President of the Competition Council ordered De Beers to supply rough diamonds to Antwerp trader Spira. The decision follows a request for interim measures filed by Spira, awaiting (...)

The Athens Administrative Court of Appeals upholds the concurrent application of Art. 102 TFEU and sector-specific regulation to practices of the incumbent operator in the local loop access market (Hellenic Telecommunications Organization)
Ofcom (London)
United Kingdom 2 contributions 1255 visits
Please note that the above mentioned date for this case is not the actual date of the decision but the date of the case summary as the decision itself does not mention the relevant date. The key reference is n° 560/2010 Background of the dispute The National Telecommunications Authority of (...)

The German Federal Court of Justice upholds an higher regional Court decision vacating the Federal Cartel Office’s decision fining a leading German drugstore chain for predatory pricing by disagreeing with the NCA’s method of calculating the purchase price (Rossmann)
American Bar Association
1 contribution 611 visits
In its decision without reasons dated 12 November 2010, the Federal Court of Justice upheld the Düsseldorf Higher Regional Court’s decision vacating the Federal Cartel Office’s administrative fine dating from 8 February 2007 in the amount of € 300,000 on Rossmann, a leading German drugstore chain, (...)

The Chinese National Development and Reform Commission (NDCR) completes an investigation for tying conduct in the salt market (Wuchang Salt)
University of Melbourne
Australia 103 contributions 20233 visits
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China Competition Bulletin (Beijing)
China 101 contributions 17384 visits
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Institute of American Studies (Beijing)
China 53 contributions 10812 visits
Decision Against Abuse of Dominance Made under China’s Anti-Monopoly Law: Tying Conduct of the Hubei Salt Industry Group, Wuchang Branch* The local price bureau of the National Development and Reform Commission (NDRC) in Hubei (Hubei Price Bureau) has completed an investigation of a tying case. (...)

The Bosnian & Herzegovinan Competition Authority closes the investigation into the alleged margin squeeze practices of the incumbent telecom operator (BH Telecom)
University of Macau - Faculty of Law
Macao 278 contributions 209938 visits
On 4 November 2010 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator BH Telecom. The KV‘s investigation was prompted by a complaint lodged by an independent telecom (...)

The Turkish Competition Board evaluates allegations against luxury car manufacturers for refusing to provide spare parts (Fer Mas Oto Ticaret / Ferrari / Maserati / Aston Martin / Porsche))
Erdem & Erdem (Istanbul)
Turkey 65 contributions 71813 visits
The Competition Board («Board») evaluated the complaints against Fer Mas raised by a private service alleging that Fer Mas infringed effective competition by refusing to provide the requested spare parts. I. The parties and the allegations The complainant is a private service company providing (...)

The Italian Competition Authority starts an investigation against a media producer and distributor for infringement of Art. 102 TFUE and national equivalent (RTI / Sky)
Codacons (Rome)
Italy 12 contributions 15822 visits
Sky Italia s.r.l. is controlled by News Corporation Ltd active on the media market, whose activity includes production and distribution of movies, tv show, newspaper, books and magazines’publication. (Reti Televisive Italiane) RTI S.p.A belongs to Mediaset Group, which controls the three main (...)

The Italian Competition Authority starts an investigation in the market of football audiovisual rights for an alleged infringement of Art. 102 TFEU (RTI / Sky)
Luiss Guido Carli University (Rome)
Italy 16 contributions 51916 visits
On 3 November 2010, the Italian Competition Authority opened an investigation in the market of football audiovisual rights for an alleged abuse of dominant position, contrary to Article 102 TFEU (Treaty on the Functioning of the European Union). I. Parties of the Case SKY ITALIA (hereinafter, (...)

The Cyprus Competition Authority fines the telecommunications incumbent over € 3 M for abusing its dominant position once again (Netsmart / Thunderworx)
Antoniou McCollum (Nicosia)
Cyprus 7 contributions 15607 visits
NETSMART (CYPRUS) LTD (“Netsmart”) and THUNDERWORX LTD (“Thunderworx”) both undertakings active in the telecommunications industry, had filed to the Commission for the Protection of Competition (“CPC”) separate complaints in 2007 and 2005 respectively, both against CYTA, a Public Law undertaking (...)

The Chinese State Administration for Industry and Commerce (SAIC) receives requests for review in the internet industry (Baidu / Tencent)
AnJie Law (Beijing)
China 32 contributions 9617 visits
Market dominance and the Internet: new industry, new rules?* China’s biggest encyclopaedia website, Hudong.com, has requested an anti-monopoly review of Baidu, the leading Chinese internet search engine. Hudong.com is asking the State Administration for Industry and Commerce (SAIC) to fine (...)

Mergers

 The UK Office of Fair Trading holds that a merger between two laboratories does not require referral to the Competition Commission under the Enterprise Act 2002 (Reckitt Benckiser / Combe)
University of Winchester
United Kingdom 1 contribution 708 visits
I. Introduction The Office of Fair Trading (OFT) has decided the merger between Reckitt Benckiser Inc. (Reckitt) and Combe Incorporated (Combe) will not substantially lessen competition in the market for the supply of certain pharmaceutical products. The merger does not have to be referred to (...)

The US FTC sues to undo completed acquisition in the healthcare industry approved by bankruptcy court (LabCorp / Westcliff)
Jones Day (Washington DC)
United States 16 contributions 13123 visits
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Jones Day (Washington DC)
United States 15 contributions 4746 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
United States 11 contributions 5180 visits
The Federal Trade Commission has filed an administrative lawsuit seeking to undo Laboratory Corporation of America’s (« LabCorp ») acquisition of Westcliff Medical Laboratories, Inc. (« Westcliff »). According to the agency’s December 1 complaint, the merger will substantially lessen competition (...)

The US FTC sues to undo completed acquisition in the healthcare industry approved by the Bankruptcy Court (LabCorp / Westcliff)
Jones Day (Washington DC)
United States 16 contributions 13123 visits
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Jones Day (Washington DC)
United States 15 contributions 4746 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
United States 11 contributions 5180 visits
The Federal Trade Commission has filed an administrative lawsuit seeking to undo Laboratory Corporation of America’s (« LabCorp ») acquisition of Westcliff Medical Laboratories, Inc. (« Westcliff »). According to the agency’s December 1 complaint, the merger will substantially lessen competition (...)

The Latvian Competition Council conditionally approves a merger on the telecommunication market (Baltkom / Izzi)
Konkurences padome (Riga)
Latvia 87 contributions 13022 visits
Merger in Telecommunication Market Approved Under Binding Conditions* On 13 November 2010 the Competition Council (CC) adopted a decision to approve the proposed merger of Baltkom group and Izzi group – the second and the third largest telecommunication companies in Latvia. While assessing the (...)

The Belgian Competition Council amends the conditions imposed on an acquisition in the audiovisual sector (Telenet / Canal+)
Van Bael & Bellis (Brussels)
Belgium 228 contributions 57515 visits
In a decision of 29 November 2010, the Belgian Competition Council amended a condition that was imposed in 2003 on cable network operator Telenet‘s acquisition of pay-TV provider Canal+. The condition in question essentially required Telenet to offer its pay-TV content to competing network (...)

The US DoJ reaches consent agreement with parties to an acquisition in the graphite electrodes market (GrafTech / Seadrift)
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 17 contributions 7136 visits
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
United States 8 contributions 2524 visits
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Kirkland & Ellis (New York)
United States 9 contributions 2584 visits
On November 29, 2010, the Department of Justice (DOJ) announced a consent agreement with GrafTech International relating to its acquisition of Seadrift Coke L.P. (Seadrift). This action marks the second time this year that the DOJ has sought relief in a vertical merger. It also represents the (...)

The Netherlands Competition Authority clears a merger between two groups controlling over 100 pharmacies subject to the divestiture of 4 pharmacies (Brocacef / Lloyds Nederland)
Oxera (Amsterdam)
Netherlands 4 contributions 1278 visits
The merger The merger involved the acquisition of Lloyds Nederland BV («Lloyds») by Brocacef Holding NV («Brocacef»). Lloyds operated 63 pharmacies in the Netherlands at the time of the decision by the Netherlands competition authority («NMa») and is a subsidiary of the German group Celesio AG. (...)

The UK Office of Fair Trading refers an anticipated acquisition in the chemicals sector to the Competition Commission, leading the parties to abandon it (Dorf Ketal/Johnson Matthey)
OECD - Competition Division (Paris)
France 2 contributions 945 visits
I. The transaction The transaction involved Dorf Ketal Chemicals (“Dorf”) purchasing the titanate and zirconate business of Johnson Matthey (“Vertec”). Dorf is an India-based supplier of inter alia titanate and zirconate. It is building a new plant in India, the capacity of which would have been (...)

The European Commission conditionally clears the acquisition of the global sunflower seed business of a US company by a Swiss company (Syngenta/Monsanto)
JG Associates (Brussels)
205 contributions 57653 visits
Main developments between 1 September and 31 December 2010* On 17 November 2010 the European Commission cleared the acquisition of the global sunflower seed business of the US company Monsanto by Syngenta, a Swiss company. The notified transaction combines two leading sunflower seed suppliers (...)

The European Commission conditionally approves acquisition in the household and body care market (Unilever / Sara Lee)
Linklaters (Hong Kong)
Hong Kong 7 contributions 7440 visits
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Sidley Austin (London)
United Kingdom 9 contributions 7187 visits
Imposing a broad remedy to address competition issues, the European Commission cleared Unilever‘s acquisition of Sara Lee‘s household and body care business on 17 November 2010. This merger decision is a reminder that the EC has the power to seek a remedy from merging parties that goes further (...)

The European Commission conditionally approves a merger in the body and laundry care industries (Unilever / Sara Lee)
RBB Economics (London)
United Kingdom 2 contributions 1992 visits
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RBB Economics (London)
United Kingdom 3 contributions 1626 visits
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Roll on demand estimation: the EC’s empirical analysis in Unilever/Sara Lee* The European Commission’s decision on Unilever/Sara Lee represents an important step (...)

The EU Commission clears merger subject to remedies, based on merger simulation (Unilever / Sara Lee)
RBB Economics (Brussels)
Belgium 13 contributions 10351 visits
Unilever/Sara Lee – The return of merger simulation?* In late January 2012, the Commission finally published the non-confidential version of its decision in Unilever/Sara Lee Body Care (adopted in November 2010). The decision, reached after a Phase II investigation, is notable because it marks (...)

The EU Commission clears acquisition of the global sunflower seed business (Monsanto / Syngenta)
Stanford University - Stanford Law School
United States 27 contributions 3866 visits
European Commission clears Syngenta’s acquisition of Monsanto’s sunflower seed business* On 17 November 2010 the European Commission cleared the acquisition of the sunflower seed business of Monsanto by Syngenta. Among the concerns of an in-depth investigation of the transaction was whether it (...)

The EU Commission clears in phase II a merger in the sunflower seeds business following an Art. 22 request from Spain and Hungary (Syngenta / Monsanto)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 42 contributions 17584 visits
Syngenta/Monsanto Sunflower Seeds – More Analysis, Please* The European Commission’s Phase II decision of 17 November 2010 concerning Syngenta’s acquisition of Monsanto’s sunflower seeds business raises a number of questions. First, it took the European authorities long to decide who should (...)

The European Commission clears the acquisition subject to conditions of the body and laundry care businesses of a US consumer goods company (Unilever / Sara Lee)
JG Associates (Brussels)
205 contributions 57653 visits
Main developments between 1 September and 31 December 2010* The European Commission cleared the planned acquisition subject to conditions of the body and laundry care businesses of Sara Lee Corp of the US by the Anglo Dutch consumer goods company Unilever on 17 November 2010. The Commission’s (...)

The French Competition Authority rejects complaint against certain pay TV exclusivity arrangements on grounds of previous merger clearance decision (Canal +)
Van Bael & Bellis (Brussels)
Belgium 228 contributions 57515 visits
On 16 November 2010, the French Competition Authority rejected an antitrust complaint directed against certain exclusivity arrangements concluded by Groupe Canal Plus on the French pay TV markets, insofar as these arrangements were “ancillary” to the French Minister of Economy’s Canal (...)

The US FTC announces consent agreement to address its concerns that a proposed acquisition would reduce competition in the provision of acute inpatient psychiatric services in three local markets (Universal Health Services / Psychiatric Solutions)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
United States 27 contributions 6705 visits
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
United States 8 contributions 2524 visits
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Kirkland & Ellis (New York)
United States 9 contributions 2584 visits
On November 15, the Federal Trade Commission (FTC) announced a proposed consent agreement to address the agency’s allegations that the $3.1 billion acquisition of Psychiatric Solutions, Inc. by Universal Health Services, Inc. (UHS) would reduce competition in the provision of acute inpatient (...)

The EU Commission approves the acquisition of Italian retail banks by French bank concluding that it will not raise any competition concerns (Crédit Agricole / Cassa di Risparmio della Spezia / Agences Intesa SanPaolo)
JG Associates (Brussels)
205 contributions 57653 visits
Main developments between 1 September and 31 December 2010* On 10 November 2010 the European Commission approved the acquisition of the retail bank Cassa di Risparmio della Spezia SpA of Italy and a number of other retail bank branches of Intesa SanPaolo in Italy by Crédit Agricole of France, (...)

The UK Competition Authority provisionally clears acquisition in the commercial vehicles tail lifts spare parts business (Ratcliff Palfinger / Ross&Bonnyman)
Herbert Smith Freehills (Brussels)
Belgium 57 contributions 42437 visits
Introduction and background Ratcliff Palfinger (Ratcliff) manufactures and supplies tail lifts for commercial vehicles, passenger vehicles and trains. Ross & Bonnyman (R&B) manufactures and supplies tail lifts for commercial vehicles, ambulances and mezzanine and yard lifts. Both (...)

The UK OFCOM investigates implications on media plurality arising from a merger in the audiovisual sector (News Corp / BSkyB)
Van Bael & Bellis (Brussels)
Belgium 228 contributions 57515 visits
On 4 November 2010, the UK Secretary of State for Business, Innovation and Skills instigated an investigation by the UK Office of Communications (Ofcom) into the implications that News Corp’s proposed buyout of UK satellite broadcaster BSkyB may have for media plurality in the UK. The first (...)

State Aid

 The European Commission refers Spain to the EU Court of Justice for failure to respect Court ruling to recover illegal aid (Magefesa group, Basque Provinces of Alava, Guipúzcoa and Vizcaya)
DG COMP (Brussels)
Belgium 63 contributions 5166 visits
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Hogan Lovells (Madrid)
Spain 22 contributions 1698 visits
State Aid: Main developments between 1 September and 31 December 2010* On 30 September 2010 and on 24 November 2010 the Commission decided to refer Spain to the Court of Justice for failing to implement a previous Court ruling which confirmed certain Commission decisions finding that (...)

The EU Parliament extends State aid for loss-making coal mines until 2018
Bird & Bird (Düsseldorf)
Germany 19 contributions 3087 visits
European Parliament Asks to Extend State Aid for Loss-making Coal Mines Until 2018* Members of the European Parliament considered the 2014 cut-off date for state aid for the operation of loss-making coal mines proposed recently by the Commission arbitrary and feared mass redundancies. They (...)

The European Commission approves a € 7 M aid scheme supporting parallel analogue and digital broadcasting during the transition to digital TV in Slovakia
DG COMP (Brussels)
Belgium 63 contributions 5166 visits
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Hogan Lovells (Madrid)
Spain 22 contributions 1698 visits
State Aid: Main developments between 1 September and 31 December 2010* On 17 November 2010 the Commission approved a € 7 million aid scheme supporting parallel analogue and digital broadcasting during the transition to digital TV in Slovakia . Under this scheme broadcasters and network (...)

The European Commission approves a short term € 52 M State loan granted by the Maltese authorities to national airline company (Air Malta)
DG COMP (Brussels)
Belgium 63 contributions 5166 visits
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Hogan Lovells (Madrid)
Spain 22 contributions 1698 visits
State Aid: Main developments between 1 September and 31 December 2010* On 15 November 2010 the Commission authorised a short term € 52 million State loan to tackle liquidity problems at Air Malta. The Maltese authorities had notified emergency support to prevent the collapse of Air Malta. If (...)

The EU Commission authorises aid for the restructuring of a regional Spanish bank (CajaSur)
DG COMP (Brussels)
Belgium 63 contributions 5166 visits
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Hogan Lovells (Madrid)
Spain 22 contributions 1698 visits
State Aid: Main developments between 1 September and 31 December 2010* On 8 November 2010 the Commission authorised aid for the restructuring of CajaSur. CajaSur provided retail banking services, mostly in the region of Andalucía, and came into financial difficulties as a result of its (...)

The EU Commission extends its ongoing State aid investigation into German bank (WestLB)
DG COMP (Brussels)
Belgium 63 contributions 5166 visits
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Hogan Lovells (Madrid)
Spain 22 contributions 1698 visits
State Aid: Main developments between 1 September and 31 December 2010* On 5 November 2010 the Commission extended its ongoing State aid investigation into WestLB after reaching the conclusion that the bank had received an estimated Eur. 3.4 billion in State subsidies more than it was initially (...)

Procedures

 The Croatian Parliament adopts the Annual Report of the Croatian Competition Agency for 2009
University of Zagreb - Faculty of Economics and Business
Croatia 9 contributions 4803 visits
The Annual Report of the Croatian Competition Agency for 2009 summarizes activities of the Agency in the reporting period. It reports both on antitrust and state aid aspects of its enforcement record but also deals with advocacy efforts of the Agency and the new legislative framework that was (...)

The French Court of Cassation quashes a ruling of the Paris Court of Appeal that had annulled an NCA decision for excessive duration of the investigation procedure (Luxury perfumes)
Vogel & Vogel (Paris)
France 83 contributions 108733 visits
A new development has arisen in the luxury perfumes case. The Paris Court of Appeal, ruling on a referral back to it from the Court of Cassation, had exceptionally annulled a Competition Council (now Competition Authority) decision for excessive duration of the investigation procedure . This (...)

The UK Court of Appeal rules that English court procedures do not allow representative actions on behalf of a class of direct and indirect purchasers of the air-freight cartel (Emerald Supplies/British Airways)
Volvo (Brussels)
Belgium 1 contribution 665 visits
On 18 November 2010, the English Court of Appeal ruled in favour of BritishAirways Plc. in an appeal brought by Emerald Supplies Ltd. and Southern Glass House Produce Ltd. The appeal was launched against a High Court (Chancery Division) decision to strike out the representative element of an (...)

The Italian Parliament passes a new provision allowing collective action for infringement of competition law (“Azione di classe”)
Herbert Smith Freehills (London)
United Kingdom 5 contributions 2928 visits
The English Court of Appeal has rejected a creative attempt to use existing English civil procedure rules to craft an ‘opt-out’ style class-action. The matter concerned an action for damages arising from the international air freight cartel, in which the European Commission has recently fined (...)

The English Court of Appeal holds its judgment on representative action in claim against air cargo cartel (Emerald Supplies and Anor / British Airways)
Shoosmiths (Thames Valley)
United Kingdom 9 contributions 15545 visits
1. Summary 1.1. On 18 November 2010, the English Court of Appeal dismissed an appeal by Emerald Supplies Ltd («Emerald«) and Southern Glass House Produce Limited against a High Court judgment that the representative element of their claim against British Airways («BA«) should be struck out as it (...)

The English Court of Appeal rejects representative element of private damages action (Emerald Supplies, Southern Class House Produce / British Airways)
DLA Piper (London)
United Kingdom 25 contributions 17093 visits
The Court of Appeal in England issued a judgment denying the appellants the ability to bring a representative action on behalf of a further 178 or more possible claimants seeking to obtain damages against British Airways plc (BA) for its alleged involvement in the air cargo cartel. The first (...)

The UK Office of Fair Trading closes its investigation into suspected price coordination in the grocery sector
Simmons & Simmons (London)
United Kingdom 11 contributions 3299 visits
The Office of Fair Trading (OFT) announced on 18 November 2010 that it had decided to close an investigation into suspected price coordination in the grocery sector. The investigation had recently been reviewed in the context of the OFT’s prioritisation principles, and the OFT had concluded that (...)

The English Court of Appeal confirms strike-out of the representative element in cartel damages claim (Emerald Supplies Limited / British Airways)
University of Southampton
United Kingdom 2 contributions 1143 visits
Court striking out representative proceeding for damages against British Airways (BA). This follows a decision earlier in the month by the European Commission that BA had engaged in price-fixing of fuel and security surcharges between 1999 and 2006 in breach of Article 101 of the Treaty on the (...)

The UK Court of Appeal holds that the UK Competition Appeal Tribunal has no discretion to extend limitations period for follow-on actions against alleged cartelists (BCL, BASF)
Morgan Lewis (London)
United Kingdom 25 contributions 12371 visits
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4-5 Gray’s Inn Square
United Kingdom 2 contributions 1787 visits
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Cadwalader Wickersham & Taft (Brussels)
Belgium 6 contributions 5367 visits
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On 12 November 2010, the Court of Appeal for England and Wales ruled that the UK Competition Appeal Tribunal (CAT) does not have discretion to extend the time period within which follow-on actions for damages may be commenced. The Court of Appeal’s judgment provides important clarification of (...)

The Croatian Government adopts the fining guidelines under the new law on the protection of competition
University of Macau - Faculty of Law
Macao 278 contributions 209938 visits
On 11 November 2010 the Croatian Government adopted the Regulation on setting the fines for competition law infringements (the Fining Guidelines), which is enforced by the Croatian Competition Authority (AZTN) starting from 27 November 2010. The Fining Guidelines were adopted under the new (...)

The Croatian Government adopts leniency guidelines under the new law on protection of competition
University of Macau - Faculty of Law
Macao 278 contributions 209938 visits
On 11 November 2010 the Croatian Government adopted the Regulation on immunity from or reduction of the fines for competition law infringements (the Leniency Guidelines), which is enforced by the Croatian Competition Authority (AZTN) starting from 27 November 2010. The Leniency Guidelines were (...)

The Macedonian Parliament adopts a new competition law
University of Macau - Faculty of Law
Macao 278 contributions 209938 visits
On 13 November 2010 the new Macedonian Law on Protection of Competition has entered into force replacing the current law that has been in force since 2005. The new law introduced a number of substantive and procedural changes that have been aimed at harmonizing Macedonian competition law with (...)

The Polish Competition Authority fines mobile network operator €30 million for obstructing inspections during a dawn raid (Polska Telefonia Cyfrowa)
Van Bael & Bellis (Brussels)
Belgium 219 contributions 35430 visits
On 4 November 2010, the Polish Competition Authority (UOKiK) fined Polska Telefonia Cyfrowa (PTC) € 30 million for obstructing an on-the-spot inspection. It was acknowledged that PTC‘s employees did not allow the inspectors to enter the company’s offices and delayed a search of the premises. In (...)

The Paris Court of Appeal reviews the legality of searches and seizures of electronic documents during dawn raids
Van Bael & Bellis (Brussels)
Belgium 219 contributions 35430 visits
Called upon to review the practice of untargeted searches and seizures of digital data by the investigators of the French Competition Authority, a judge delegated by the President of the Paris Court of Appeal (the "President’s delegate") recently stayed proceedings and requested an expert (...)

Regulatory

 The Bulgarian Competition Authority adopts opinion on a proposal to amend the law regulating private bailiffs activities
European Commission (Brussels)
Belgium 720 contributions 192196 visits
Bulgaria: Commission on Protection of Competition (CPC) adopts Opinion on a Proposal for an Amendment to the Law regulating the Activities of Private Bailiffs On 2 November 2010, the CPC adopted an opinion on a proposal by the Ministry of Justice to amend the Law on Private Bailiffs. The (...)

The Dutch Competition Authority publishes the preliminary results of an inquiry on mortgage rates
European Commission (Brussels)
Belgium 720 contributions 192196 visits
The Netherlands: Preliminary Results of the Mortgage Rate Quick Scan On 1 November 2010, the Netherlands Competition Authority (NMa) published the preliminary results of the inquiry “Mortgage Rate Quick Scan”. The margins on Dutch mortgages have been relatively high since mid 2009, both by (...)

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