November 2011

Anticompetitive practices

 The Italian Administrative Court annuls fines imposed by the Competition Authority for an alleged automotive financial services cartel (Banca / Banque PSA / Santander Consumer Bank / BMW Bank)
Van Bael & Bellis (Brussels)
Belgium 20 contributions 3281 visits
On 24 November 2020, the Italian Regional Administrative Court for Lazio (“IRAC”) annulled a decision issued by the Italian Competition Authority (“ICA”) in the automotive financial services cartel case in which a total fine of € 678 million was imposed (“Decision”). On 20 December 2019, the ICA had (...)

The Serbian Competition Authority sanctions two bus operators for entering into a pooling agreement and eliminating price competition between them (Lasta and Europa Bus)
University of Macau - Faculty of Law (Macau)
China 283 contributions 223364 visits
On 24 November 2011 the Serbian Competition Authority (KZK) established that two bus operators, Lasta a.d. and Europa-Bus d.o.o. by concluding a pooling agreement concerning cooperation on the bus route Valjevo-Belgrade-Valjevo have committed an infringement of the national equivalent of (...)

The Serbian Competition Authority grants immunity from fines to a bus company for the notification of the price-fixing agreement with a competitor (Jeremic prevoz / Nis ekspres)
University of Macau - Faculty of Law (Macau)
China 283 contributions 223364 visits
On 24 November 2011 the Serbian Competition Authority (KZK) established that the two bus operators, Jeremic prevoz d.o.o. and Nis ekspres a.d. by concluding an agreement concerning joint transportation services and establishing uniform ticket prices have committed an infringement of the (...)

The Polish Competition Authority finds that delay in introducing mobile television service is a result of anticompetitive agreement (Polkomtel / PTK Centertel / PTC / P4)
Greenberg Traurig (Warsaw)
Poland 29 contributions 79954 visits
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Hogan Lovells (Warsaw)
Poland 5 contributions 3316 visits
The OCCP decision On 23 November 2011, the President of the Office of Competition and Consumer Protection («the OCCP») fined four mobile telecom operators (Polkomtel, PTK Centertel, PTC, and P4) for the exchange of information on the assessment of a commercial offer prepared by Info-TV-FM (...)

The German Competition Authority imposes fines of € 24 000 000 for price agreements on dishwasher detergents (Reckitt Benckiser)
European Commission
Belgium 714 contributions 215589 visits
Germany: The Bundeskartellamt imposes Fines of € 24 000 000 for Price Agreements on Dishwasher Detergents* On 23 November 2011, the Bundeskartellamt (BKartA) imposed fines amounting to approximately € 24 000 000 on Reckitt Benckiser Deutschland GmbH) (Reckitt Benckiser) in the framework of two (...)

The Polish Competition Authority breaks a cartel of mobile operators (Polkomtel / Polska Telefonia Cyfrowa / PTK Centertel / P4)
European Commission
Belgium 714 contributions 215589 visits
Poland: UOKiK breaks Cartel of Mobile Operators* In December 2011, the decision of the Office of Competition and Consumer Protection (UOKiK) of 23 November in which it found that Poland’s biggest mobile telephony operators – Polkomtel, Polska Telefonia Cyfrowa, PTK Centertel and P4 – engaged in (...)

The Budapest Court of Appeal upholds the decision of Hungarian Competition Authority almost in its entirety in the “Baker cartel” case (Hungarian Baker Association)
Research Institute of the Hospital de la Santa Creu i Sant Pau (Barcelona)
Hungary 1 contribution 152 visits
The Hungarian Competition Authority (further on: GVH) initiated an investigation in 2007 against the Hungarian Baker Association (further on: Association) for alleged infringement of the prohibition of restrictive agreements. According to GVH‘s suspicions, the Association coordinated the price (...)

The Dutch Competition Authority imposes fines on ship-generated waste collection cartel (Odfjell Terminals Maritiem, International Slop Disposal and Ships Waste Oil Collector)
European Commission
Belgium 714 contributions 215589 visits
The Netherlands: Competition Authority imposes Fines of almost € 3 000 000 on Ship- Generated Waste Collection Cartel* On 21 November 2011, the NMa imposed fines totalling more than € 2 900 000, on three ship-generated waste collection companies based in the Dutch ports of Rotterdam, Schiedam, (...)

The Dutch Competition Authority imposes fines of almost €3 000 000 on ship generated waste collection cartel (Odfjell Terminals Maritiem / International Slop Disposal / Ships Waste Oil Collector)
European Commission
Belgium 714 contributions 215589 visits
The Netherlands: Competition Authority (NMa) imposes Fines of almost € 3 000 000 on Ship- Generated Waste Collection Cartel* On 21 November 2011, the NMa imposed fines totalling more than € 2 900 000, on three ship-generated waste collection companies based in the Dutch ports of Rotterdam, (...)

The Romanian Competition Authority clarifies the rules on application of the national equivalent of Article 101 TFEU in a taxi cartel case (Usi / Taxi Galant / Stotax)
University of Macau - Faculty of Law (Macau)
China 283 contributions 223364 visits
On 18 November 2011 the Romanian Competition Authority (CC) established that five taxi companies have conspired to set the uniform minimum tariff for the taxi transportation in the municipality of Baia Mare. The CC characterized the above action of the undertakings concerned as an (...)

The Australian Federal Court in Sydney imposes fines on airline company for price fixing as part of a cartel (Korean Air)
Australian Competition and Consumer Commission (Canberra)
Australia 358 contributions 75986 visits
Korean Air Lines penalised $5.5 million for price fixing cartel* The Federal Court in Sydney has penalised Korean Air Lines Co Ltd $5.5 million for price fixing as part of a cartel. The Australian Competition and Consumer Commission has pursued a number of international airlines for cartel (...)

An Italian administrative court upholds the Competition Authority granting of full immunity and fine reductions to participants in the cosmetic and health care products cartel under the leniency programme (Reckitt Benckiser)
Giannino SI (Monserrato)
Italy 154 contributions 129896 visits
On appeal on the Cartel of large retailers for cosmetics and health care products decision of the Italian Competition Authority (ICA) the Regional Administrative Tribunal of Latium (Tar Latium) examined full immunity and fine reductions granted to a number of cartelists pursuant to the ICA (...)

The Bosnian Competition Authority finds no anticompetitive practices on the market for telecom interconnection services in the absence of the requisite anticompetitive object and effect (Crumb / Telekomunikacije Republike Srpske / Aneks)
University of Macau - Faculty of Law (Macau)
China 283 contributions 223364 visits
On 17 November 2011 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged existence of anticompetitive agreement between the incumbent telecom operator Telekomunikacije Republike Srpske a.d.(Telekom RS) and an independent provider of fixed (...)

The EU General Court annuls and reduces fines in plastic industrial bags cartel case (Stempher / Bonar)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 89886 visits
In nine separate judgments handed down on 16 November 2011, the General Court (“GC”) annulled the fine imposed by the Commission on one undertaking – Stempher BV (“Stempher”) – and reduced the fine imposed on another – parent company Low & Bonar and its subsidiary Bonar Technical Fabrics (...)

The Chinese NDRC imposes heavy fines on two pharmaceutical companies for monopoly pricing (Shuntong / Huaxin)
University of Melbourne
Australia 103 contributions 28194 visits
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China Competition Bulletin (Beijing)
China 101 contributions 25140 visits
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Institute of American Studies (Beijing)
China 52 contributions 14747 visits
The NDRC has imposed fines of almost CNY 7 million, confiscated illegal gains, and imposed a cease-and-desist order on two pharmaceutical companies for monopoly pricing. The decision is the first time that the NDRC has imposed significant penalties for a breach of the AML since the law (...)

The US District Court for the Northern District of Iowa approves three settlements in a class action for price-fixing conspiracies in the concrete industry defining the case “a model for the nation” (Iowa Ready)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38572 visits
What Do Model Antitrust Class Actions Look Like?* “[O]vercome with a rare and gargantuan sense of awe,” a federal district court judge in Sioux City, Iowa, has called a consolidated class action case arising from price fixing conspiracies in the concrete industry “a model for the nation.” The (...)

The German Competition Authority imposes fines on suppliers of heavy fuel oil for seagoing vessels (BOMINFLOT / BMT)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 89886 visits
According to a press release of 8 November 2011, the German Federal Cartel Office (FCO) has concluded proceedings against two suppliers of heavy fuel oil, which is used for powering seagoing vessels. BOMINFLOT Bunkergesellschaft für Mineralöle mbH & Co. KG (BOMINFLOT) and BMT Bremer (...)

The UK OFT issues a statement of objections confirming the immunity for a company in the airline fuel surcharges cartel case (Virgin)
University of East Anglia (Norwich)
United Kingdom 29 contributions 25364 visits
Article published on Centre for Competition Policy blog. If Virgin Gets to Keep Its Immunity, Who is Responsible for the Collapse of the BA Trial?* This week the Office of Fair Trading announced that Virgin Atlantic would keep its immunity in the Passenger Fuel Surcharges cartel case. This (...)

The Polish Competition Authority exempts a price fixing agreement in the tourism sector under Art. 8 of the Competition Act equivalent to Art. 101(3) TFUE for the first time (Association of Rafters)
Hogan Lovells (Warsaw)
Poland 4 contributions 2538 visits
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Hogan Lovells (Warsaw)
Poland 5 contributions 3316 visits
On 4 November 2011, the President of the Office for Competition and Consumers Protection (the "OCCP" or the "Office") issued a decision in which it discontinued proceedings against the Association of Rafters which fixed prices that tourists have to pay for services of its members. The (...)

The Romanian Competition Authority submits for public consultation the commitment proposals drafted by three telecom distributors (Payzone / PayPoint Services / PayUp)
European Commission
Belgium 714 contributions 215589 visits
Romania: Public Consultation on Commitments submitted by Orange Romania and its Distributors* On 2 November 2011, the public consultation launched by the Competition Council (RCC) on the commitments submitted by Orange Romania was closed. The commitments were offered in a case regarding an (...)

The German Government proposes new cartel act
Jones Day (Frankfurt)
Germany 6 contributions 4082 visits
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Jones Day (Dusseldorf)
Germany 15 contributions 5288 visits
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Jones Day (Frankfurt)
Germany 11 contributions 3999 visits
The German government has published a draft bill that will amend the German Act on Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB). According to the draft, the government believes that current version of the GWB has proved itself effective in practice and only minor (...)

Unilateral Practices

 The Belgian College of Competition Prosecutors recommends that interim measures in an abusive refusal to supply case (Dow Agro Science / Desclean)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45705 visits
On 28 November 2011, the Belgian College of Competition Prosecutors submitted a reasoned report to the President of the Competition Council recommending that interim measures be taken against Dow Agro Science and Edialux for refusing to supply the chemical product sulfuryl fluoride to (...)

The EU General Court confirms the EU Commission’s decision to drop its antitrust investigation into manufacturers of ink-jet printers for alleged abuse of dominance (EFIM)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64619 visits
On 24 November 2011, the General Court ("GC") handed down its judgment in EFIM v. Commission. In its ruling, the GC dismissed an action by the European Federation of Ink and Ink Cartridge Manufacturers (“EFIM”) against a previous 2009 European Commission decision to drop its antitrust (...)

The Swedish Market Court finds taxi traffic control companies’ additional fee for enhanced pre-ordering services abusive (Uppsala Taxi / Europark / Swedavia)
General Court of the European Union (Luxembourg)
Luxembourg 8 contributions 32921 visits
On 23 November 2011, the Swedish Market Court handed down its judgment in Uppsala Taxi 100 000 AB (“Uppsala Taxi”) v. Europark Svenska Aktiebolag (“Europark”) and Swedavia AB (“Swedavia”). Uppsala Taxi brought proceedings against Europark and Swedavia (the “Defendants”) for an alleged abuse of a (...)

The Lithuanian Competition Authority accepts commitments by distributors of TV channels (Viasat)
European Commission
Belgium 714 contributions 215589 visits
Lithuania: Competition Council accepts Commitments by Viasat World Limited and Viasat AS in Distribution of TV Channels* On 22 November 2011, the Competition Council (CC) closed an investigation into a possible abuse of dominance by Viasat World Limited and Viasat AS (representative of Viasat (...)

The German Competition Authority deems the tendering process for the gas concession illegal and closes proceedings given the commitment to restart the tendering process (Markkleeberg)
Bird & Bird (Dusseldorf)
Germany 19 contributions 3855 visits
German Cartel Office Decision on Tendering Process for Gas Concession in Markkleeberg* After proceedings by the German Cartel Office that considered the tendering process for the gas concession in Markkleeberg near Leipzig in Saxony unlawful, a new tendering process will take place. The town (...)

The Turkish Competition Authority rules that the tying arrangements on cartridges implemented by leading printers manufacturer does not constitute an abuse of dominant position (Xerox)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75456 visits
The Competition Board (the “Board”) decided that integrated circuit implementation in cartridges branded Xerox does not create an abuse of dominant position as stated in Article 6 of the Act No. 4054 on the Protection of Competition (the “Competition Act”) since this system does not prevent (...)

The Moldovan Competition Authority identifies anticompetitive actions of the public authorities in the international passenger transport market (AutoInterBus-Tur / Ministry of Transports and Road Infrastructure / Moldtrans-Tur / Eurolines Moldova)
University of Macau - Faculty of Law (Macau)
China 283 contributions 223364 visits
On 4 November 2011 the Moldovan Competition Authority (ANPC) held that the actions of the Ministry of Transports and Road Infrastructure (MTID) led to restriction of competition on the market for international passenger transport. The ANPC’s investigation commenced on 29 July 2010 following the (...)

The Chinese National Development & Reform Commission fines two pharmaceutical companies for abusing dominant position (Shandong Weifang Shuntong Pharmaceutical / Weifang Huaxin Medicine Trade)
Covington & Burling (San Francisco)
United States 1 contribution 47 visits
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Covington & Burling (London)
United Kingdom 1 contribution 47 visits
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Covington & Burling (San Francisco)
United States 1 contribution 47 visits
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China’s National Development & Reform Commission (“NDRC”) announced this week that it has fined two domestic pharmaceutical companies for monopolizing bulk sales of promethazine hydrochloride in violation of the country’s Anti-Monopoly Law (“AML”). The decision, NDRC’s first AML action in the (...)

The EU Commission makes legally binding commitments by a national numbering agency to abolish fees for use of US international securities identification numbers (Standard & Poor’s)
European University Institute (Florence)
Italy 49 contributions 103992 visits
The Rick Perry Syndrome* “Oops“, the Commission did it again… On November 15, 2011, in the S&P case, the Commission again closed abuse of dominance proceedings with an Article 9 decision. As already explained, Article 9 decisions have become the conventional procedure in Article 102 TFEU (...)

The EU Commission accepts commitments offered by the financial services company to abolish the licensing fees that banks pay for the use of US International Securities Identification Numbers (Standard & Poor’s)
Ashurst (Milan)
Italy 102 contributions 28513 visits
European Commission makes Standard & Poor’s commitments legally binding* On 15 November 2011 the European Commission announced it has decided to make the commitments offered last May 2011 by Standard & Poor’s (“S&P”), to abolish the licensing fees that banks pay for the use of U.S. (...)

The Chinese National Development and Reform Commission (NDRC) confirms investigation for abuse of dominance against two giant State-owned telecommunication operators (China Telecom / China Unicom)
King & Wood Mallesons (Beijing)
China 36 contributions 22363 visits
Earlier Rumor Confirmed: China Telecom and China Unicom under Antitrust Investigation* On November 9, 2011, an earlier rumor indicating that China Telecom is under antitrust investigation for alleged abuse of dominance in the broadband market was confirmed by the National Development and (...)

The Polish Competition Court confirms the Competition Authority’s decision finding that the use of exclusive agreement clauses in distribution contracts can constitute an abuse of dominant position if it leads to entry foreclosure (SHiUZ - Animal Breeding and Insemination Centre)
Polish Competition Authority (Warsaw)
Poland 3 contributions 5509 visits
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University of Turin (Turin)
Italy 1 contribution 494 visits
On November 9th, 2011 the Warsaw District Court - the Court for Competition and Consumer Protection (SOKiK) rejected the petition for appeal from the decision by the Office for Competition and Consumer Protection (UOKiK) in which Stacja Hodowli i Unasieniania Zwierząt (SHiUZ -Animal Breeding and (...)

The Taiyuan Xinghualing District People’s Court hears a lawsuit on possible abuse of dominance in the setup authorisation of train ticket outlets (Shanxi Joint Transport Group / Taiyuan Railway Bureau)
University of Melbourne
Australia 103 contributions 28194 visits
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China Competition Bulletin (Beijing)
China 101 contributions 25140 visits
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Institute of American Studies (Beijing)
China 52 contributions 14747 visits
On 7 November 2011, the Shanxi Joint Transport Group’s (Shanxi) lawsuit against the Taiyuan Railway Bureau for breaches of the AML and the Anti-Unfair Competition Law (AUCL) was heard at the Taiyuan Xinghualing District People’s Court. The Taiyuan Railway Bureau is authorised to approve the (...)

Mergers

 The Italian Competition Authority opens an investigation to assess whether the dominant positions held by a leading airline at the moment of a 2008 merger operation on certain national routes still exist and, if so, how they should be eliminated (Alitalia/CAI bis)
BonelliErede (Rome)
Italy 41 contributions 53727 visits
After three years since the approval of the merger operation through which Compagnia Aerea Italiana (CAI) acquired the operating assets of Alitalia Linee Aeree Italiane S.p.A.(Alitalia)as well as AirOne - Alitalia‘s main national competitor - the Italian Competition Authority (the “ICA”) opened (...)

The US and the Chinese Competition Authorities cooperate on issuing guidance regarding antitrust merger investigations
Covington & Burling (Washington)
United States 21 contributions 1555 visits
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Covington & Burling (Washington)
United States 20 contributions 1416 visits
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Covington & Burling (Beijing)
China 9 contributions 424 visits
The US and China have taken a step towards closer coordination of their investigations of mergers and other transactions under their respective antitrust laws. Yesterday, after high-level consultations in Washington, the two countries’ antitrust merger control agencies released Guidance for Case (...)

The UK Court of Appeal stays the Competition’s Authority investigation of minority interest between two airlines companies, while the EU Commission reviews the economic importance of minority shareholdings (Ryanair / Aer Lingus)
White & Case (London)
United Kingdom 2 contributions 1804 visits
As the European Commission reported its intention to review the economic importance of minority shareholdings in early November this year, the case of Ryanair and Aer Lingus continued its rollercoaster ride of competition authority and court decisions relating to Ryanair’s 29.8% minority (...)

The UK Competition Authority clears merger in the multilateral trading facilities sector concluding that sponsored entry’s strong threat would disincentivize the merged firm from raising prices (BATS / Chi-X)
CRA International (London)
United Kingdom 2 contributions 190 visits
This article is the winner of the 2013 Antitrust Writing Awards, Business Category, Economics section. Sponsored Entry* Some mergers materially reduce the choice of suppliers available to customers. When this happens, how much weight should competition authorities give to the potential (...)

The US DoJ requires divestiture of the entire US business before approving a merger in the market for point-of-sale terminals in retail stores (VeriFone / Hypercom)
Jones Day (San Francisco)
United States 6 contributions 3740 visits
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Jones Day (Washington)
United States 6 contributions 3083 visits
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Jones Day (Washington)
United States 21 contributions 7081 visits
In any transaction involving the combination of two or more competitors, M&A lawyers should consider whether antitrust issues may impact the deal, and how they can be addressed in the merger agreement. Most of the transactions closely scrutinized by the U.S. antitrust authorities are (...)

The US DoJ imposes divestiture of US operations before clearing a merger in the highly concentrated markets for point-of-sale terminals tailored for small and large retail stores (VeriFone / Hypercom)
King & Spalding (Washington)
United States 2 contributions 291 visits
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King & Spalding (Washington)
United States 2 contributions 291 visits
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Sheppard Mullin (Washington)
United States 5 contributions 937 visits
The Department of Justice (DOJ) filed two civil antitrust lawsuits, challenging, on May 10, the consummated merger between George’s Inc. and Tyson Foods and, on May 12, the proposed acquisition by Verifone Systems, Inc. of Hypercom Corp. Neither transaction was subject to the pre-merger (...)

The Turkish Competition Authority approves a merger in the movie services market, subject to remedies (Mars / AFM Case)
GlaxoSmithKline (Istanbul)
Turkey 6 contributions 2224 visits
The Turkish Competition Board (the "Board") recently (on 9 April 2012) made public its reasoned clearance decision on the merger of the two major cinema chains in Turkey namely Mars Sinema Turizm ve Sportif Tesisler Isletmeciligi A.S. ("Mars Sinema") and AFM Uluslararasi Film Produksiyon (...)

The Turkish Competition Authority conditionally clears the merger of the two largest cinema chains subject to divesture of twelve cinemas and notification of ticket prices (AFM / Mars)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 11795 visits
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has cleared the merger of the two largest cinema chains in Turkey in Phase II conditional upon the divesture of twelve cinemas and notification of average ticket prices for a period of five years, which were (...)

The Chinese MOFCOM publishes a conditional approval of a transaction in the coal sector under Anti-Monopoly Law (Shenhua)
Jones Day (Shanghai)
China 49 contributions 23101 visits
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 11930 visits
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Jones Day (Beijing)
China 42 contributions 20027 visits
The Chinese Ministry of Commerce ("MOFCOM") has published a conditional approval of proposed transaction under China’s Anti-Monopoly Law ("AML"). This decision reflects China’s view of the broad reach of the AML’s merger provisions and the lengthy procedure that merging parties can expect. (...)

The US District Court for the District of Columbia upholds the DoJ’s block of a proposed merger between two sellers of digital tax software (H&R Block / TaxAct)
Gibson Dunn (New York)
United States 18 contributions 10506 visits
U.S. Department of Justice Litigates to Block Two Mergers* The U.S. Department of Justice (“DOJ”) has blocked two mergers in the past several months, in each case after filing a lawsuit against the merging parties. The first case involved a relatively small transaction in the digital tax (...)

The US District Court stops a merger between two digital do-it-yourself tax preparation software providers as the proposed acquisition would have likely led to a lessening of competition in the relevant market (H&R Block / TaxAct)
United Nations Development Programme (UNDP)
1 contribution 647 visits
DOJ prevents H&R block acquisition as epic battle with AT&T looms* In what may be one of the more ironic uses of taxpayer-funded litigation, the DOJ scored an important victory by preventing tax-prep software company H&R Block’s acquisition of its competitor - TaxAct. U.S. District (...)

The US District Court for the District of Columbia grants DoJ request to enjoin a merger between two digital do-it-yourself tax preparation software providers (H&R Block / TaxAct)
Fordham Competition Law Institute - FCLI (New York)
United States 16 contributions 12206 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 17 contributions 8869 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 8 contributions 2941 visits
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This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On October 31, 2011, the U.S. District Court for the District of Columbia is sued an order enjoining H&R Block, Inc.’s acquisition of a rival tax preparation (...)

The US District Court for the District of Columbia prohibits proposed acquisition of tax software makers as it violates S. 7 of the Clayton Act (H&R Block / TaxAct)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38572 visits
Proposed Combination of Tax Software Makers Violates Section 7 of the Clayton Act* The federal district court in Washington, D.C. yesterday released its Memorandum Opinion explaining its October 31 order enjoining H&R Block, Inc.’s proposed acquisition of 2SS Holdings, Inc.—the maker of (...)

The Chinese MOFCOM conditionally clears a joint venture involving a Chinese State-owned company in order to license coal-water slurry gasification technology (GE / Shenhua)
King & Wood Mallesons (Beijing)
China 36 contributions 22363 visits
MOFCOM Imposed Conditions on SOEs - GE/Shenhua Deal* Only 10 days after its conditional clearance of the Alpha V/Savio deal, the Ministry of Commerce (MOFCOM) published, on 10 November 2011, the third conditional merger clearance of this year approving the proposed joint venture between (...)

The US District Court for the District of Columbia blocks a merger between two digital do-it-yourself tax preparation software providers giving insight on an S. 7 challenge of the Clayton Act (H&R Block / TaxAct)
Fordham Competition Law Institute - FCLI (New York)
United States 16 contributions 12206 visits
United States v. H&R Block: The DOJ Invokes Brown Shoe to Shed the Oracle Albatross* On November 10, 2011, the U.S. Department of Justice won its first fully litigated merger challenge since its 2004 defeat in United States v. Oracle Corp. In the interim, the Federal Trade Commission had (...)

The EU National Competition Authorities agree best practices on cooperation in merger review
European Commission
Belgium 714 contributions 215589 visits
EU Competition Authorities: EU National Competition Authorities agree Best Practices on Cooperation in Merger Review* On 9 November 2011, the Heads of European national competition authorities (NCAs) and the European Commission agreed a set of best practices which aim to foster cooperation and (...)

The EU Commission and the EU National Competition Authorities agree on best practices concerning cross-border mergers
University of California (Berkeley)
United States 3 contributions 1388 visits
EU and European National Competition Authorities agree on best practices concerning cross-border mergers* The European National Competition Authorities ("NCAs") and the European Commission have agreed on “Best Practices on Cooperation between EU National Competition Authorities in Merger (...)

The US DoJ requires divestiture of a processing plant in exchange for settling the investigation of a merger in the chicken processing industry (George’s Foods / Tyson Foods)
King & Spalding (Washington)
United States 2 contributions 291 visits
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King & Spalding (Washington)
United States 2 contributions 291 visits
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Sheppard Mullin (Washington)
United States 5 contributions 937 visits
The Department of Justice (DOJ) filed two civil antitrust lawsuits, challenging, on May 10, the consummated merger between George’s Inc. and Tyson Foods and, on May 12, the proposed acquisition by Verifone Systems, Inc. of Hypercom Corp. Neither transaction was subject to the pre-merger (...)

State Aid

 The EU Court of Justice holds that Italy failed to comply with the Commission’s State aid decision addressing the issue of the status of protocol on internal market and competition (Commission / Italy)
University of Leiden - Europa Institute (Leiden)
Netherlands 4 contributions 960 visits
“Thanks Nicolas Sarkozy, but no thanks.” CJEU rules on status of Protocol on Internal Market and Competition* When the EU leaders agreed on the final version of the Lisbon Treaty, one particular amendment caused turmoil in the European competition law community. The Lisbon Treaty repealed the (...)

The EU Court of Justice rules that the General Court has erred in annulling the Commission’s decision qualifying a proposed tax reform as a state aid scheme (Government of Gibraltar)
Van Bael & Bellis (Brussels)
Belgium 151 contributions 32404 visits
On 15 November 2011, the European Court of Justice (“ECJ”) ruled that the General Court had erred in annulling the Commission decision qualifying Gibraltar’s proposed tax reform as a state aid scheme. The new corporate tax regime that the Government of Gibraltar intended to adopt was (...)

The French Council of State concludes that contribution to public electricity service does not constitute integral part of state aid (SNC Stop Hotel Villeneuve D’Ascq)
Clifford Chance (Brussels)
Belgium 8 contributions 154 visits
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Clifford Chance (Brussels)
Belgium 5 contributions 1440 visits
The company SNC Stop Hotel Villeneuve D’Ascq (Stop Hotel) has asked the French Energy Regulatory Commission (’CRE’) to reimburse a part of its tax contribution to the public service for electricity (contribution au service public de l’électricité) (’CSPE’), arguing that it constitutes state aid which (...)

The EU Commission finds that the State aid granted under the form of a fiscal measure implemented in breach of the standstill provision was compatible with the internal market (Hungarian Sport Donations)
Maastricht University
Belgium 321 contributions 56263 visits
Article published on Lexxion State Aid Blog Fiscal Leveraging: Donations and State Aid for Culture and Sports* Introduction In this blog I examine primarily a Dutch measure that supports cultural institutions by providing tax incentives to individuals and corporations to make donations to (...)

The EU General Court orders the Commission to pay damages to a third party in State aid proceedings, for disclosing its name and detrimental information relating to it (Idromacchine)
Van Bael & Bellis (Brussels)
Belgium 151 contributions 32404 visits
The General Court has ordered the European Commission to pay damages to Idromacchine Srl (“Idromacchine”), a third party in state aid proceedings, for disclosing its name and detrimental information relating to it in a Commission decision that was published in the Official Journal. In (...)

Procedures

 The Brazilian President approves the new competition law introducing substantive reforms to the national antitrust enforcement
Mundie e Advogados (Brasilia)
Brazil 1 contribution 351 visits
IN LINE WITH THE INTERNATIONAL COMPETITION BEST PRACTICES? The New Competition Law in Brazil* Starting on May 29, 2012, the most substantive reform of Brazil’s antitrust enforcement since the current framework was established in 1994 will enter into force. But is Law No. 12,529/11 (“the New (...)

The US District Court for the Eastern District of New York issues a decision on the assignment of class action claims (In re Vitamin C)
Cohen Milstein (Washington)
United States 57 contributions 7271 visits
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Burns Charest (Washington)
United States 57 contributions 7271 visits
In opposing the plaintiffs’ class certification motion, the defendants chose to attack the plaintiff’s adequacy as a class representative, as opposed to the usual broad-scale challenge to predominance. The defendants argued that the plaintiff was an inadequate class representative primarily (...)

The Austrian Competition Authority publishes revised manual on leniency (Manual on Leniency)
European Commission
Belgium 714 contributions 215588 visits
Austria: The Federal Competition Authority publishes Revised Manual on Leniency* On 24 November 2011, the Federal Competition Authority (FCA) published a revised manual on the conduct of proceedings before the FCA concerning Section 11 of the Austrian Competition Act which provides the legal (...)

The EU Commission adopts new proposals on credit rating agencies featuring competition-related remedies
European University Institute (Florence)
Italy 49 contributions 103992 visits
There’s no way, but the hard way* The Commission’s Draft Proposal for a New Regulation on Credit Rating Agencies (“CRAs”) is just out. It enshrines a whole host of competition-related remedies (see text at the end of this post). Amongst the proposals on the table: • A limitation of the (...)

The Austrian Supreme Court confirms the legality of a request for a warrant to search the premises of breweries suspected to have participated in a cartel (Brauereikartell)
European Court of Justice (Luxembourg)
Luxembourg 23 contributions 29733 visits
1. Introduction By order of 9 November 2011 in Case 16 Ok 5/11, the Austrian Supreme Court (acting as the highest appellate court in competition matters; Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) confirmed the first instance decision of the Vienna Cartel Court (...)

The Paris Commercial Court allows the production of documents that are necessary for the rights of defence (Outremer Telecom / Orange Caraïbe / France Télécom)
Ariga (Brussels)
Belgium 2 contributions 1237 visits
Background On 9 December 2009 the French Competition Authority fined Orange Caraïbe and France Telecom in the amount of EUR 63 million for having abused their dominant position on the market of mobile telephony or fixed telephony in French Caribbean. This decision was partially overturned from (...)

The Hellenic Competition Authority publishes its new cartel leniency program
Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1857 visits
Towards the end of 2011, Greece adopted its new cartel leniency program (“New Leniency Program”) in replacement of the 2006 leniency program which had not led to any successful leniency applications. The main changes brought about under the new regime relate to the persons who may apply for (...)

The French Civil Supreme Court confirms that the same panel of judges cannot assess both the lawfulness of court orders authorizing the search of premises and seizure of documents and the legitimacy of the Competition Authority decision, without infringing the right to a fair trial under art. 6 of the ECHR (Colas Rail)
Telos Avocats (Lyon)
France 2 contributions 751 visits
On November 2, 2011, the French Court of Cassation found that the Court of Appeal of Paris committed an error of law and infringed Article 6 of the European Convention of Human Rights (ECHR). One more time, the transitory provisions adopted by the French legislator to respect the European Court (...)

Regulatory

 The EU Commission halts the artificial inflation of “Mobile Termination Rates” (MTR) by Polish telecom regulator (Aero2)
Sidley Austin (Brussels)
Belgium 6 contributions 2359 visits
EU Commission halts the artificial inflation of “Mobile Termination Rates” (MTR) by Polish telecom regulator* In its letter to the Polish telecom regulator (“UKE”) sent on November 21, 2011 the European Commission objected to the increase of the MTR for one of the mobile operators - Aero2 and (...)

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