November 2018

General antitrust

 The OECD holds a roundtable on the authorities’ investigative powers in practice
OECD - Competition Division (Paris)
France 292 contributions 936544 visits
Competition authorities assume a crucial and challenging mission: protecting competition in the markets. This mission requires intensive evidence and data gathering. To meet this end, competition authorities are armed with various investigative powers ranging from voluntary interviews to (...)

Anticompetitive practices

 The Irish Competition Authority opens a civil competition law investigation against a professional association of restaurants suspected to coordinate the conduct of its members (Restaurants Association of Ireland)
Irish Competition Authority (Dublin)
Ireland 58 contributions 9925 visits
CCPC examines potential anti-competitive conduct by the Restaurants Association of Ireland* The Competition and Consumer Protection Commission (CCPC) has commenced a civil competition law investigation into the conduct of the Restaurants Association of Ireland (RAI). The investigation follows (...)

The Hellenic Competition Authority settles a case against two undertakings for concluding anticompetitive agreements in the market for the production and marketing of dairy products (FrieslandCampina Hellas / Mandrekas)
Hellenic Competition Authority (Athens)
Greece 53 contributions 10312 visits
Settlement of market segmentation case in the market for the production and marketing of dairy products* By its unanimous Decision No. 668/2018, the Grand Chamber of the Hellenic Competition Commission (HCC) decided to settle a case against two (2) companies in the market for the production (...)

The Ankara Seventh Administrative Court annuls the Turkish Competition Authority’s dismissal decision regarding the restriction of parallel imports allegations faced by a company in the market of energy systems (Mastervolt / Eltesan)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 120 contributions 44753 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 3906 visits
The Ankara 7th Administrative Court (“Court”) annulled the dismissal decision of the Turkish Competition Board (“Board”) concerning the allegations that Mastervolt International Holding B.V. (“Mastervolt”) and its exclusive distributor in Turkey, Artı Marin Elektrik Dış Tic. Ltd. Şti. (“Artı Marin”), (...)

The EU Commission opens a formal investigation to assess whether agreements between booking system providers and airlines and travel agents restrict competition (Amadeus / Sabre)
DG COMP (Brussels)
Belgium 873 contributions 1933155 visits
Antitrust: Commission opens investigation into airline ticket distribution services* The European Commission has opened a formal investigation to assess whether agreements between booking system providers Amadeus and Sabre on the one hand, and airlines and travel agents on the other, may (...)

The Quebec Court of Appeal sentences individuals found guilty of offenses concerning bid-rigging in public construction contracts (Fedele)
Steve Szentesi Law Corporation (Vancouver)
Canada 52 contributions 12807 visits
Quebec Court of Appeal Ruling Signals that Bid-Rigging is a Serious Offence Warranting Imprisonment* A recent decision by the Quebec Court of Appeal in R c. Fedele, 2018 CarswellQue 10342 (English language summary) sends a strong signal that bid-rigging offences, particularly in respect of the (...)

The Turkish Competition Authority determines whether members of the guard rails and road safety systems have violated article 4 of the Law No. 4054 on the Protection of Competition through collusive tendering and bid rigging (Çelik Otokorkuluk)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 120 contributions 44753 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 11 contributions 2471 visits
This case note analyses the Turkish Competition Board’s (“Board”) decision of 22 November 2018 numbered 18-44/702-344 in which the Board assessed the allegations that several undertakings–which are all active in the steel guardrail sector in Turkey and members of the Turkish Association of Steel (...)

The Cyprus Commission for the Protection of Competition clears the biggest shopping mall in Cyprus of allegations of concerted practices and abuse of dominant position (Beautyline / The Mall of Cyprus)
Elias Neocleous (Cyprus)
1 contribution 89 visits
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Elias Neocleous (Cyprus)
11 contributions 1351 visits
Introduction On the 16th of November 2018, the Cyprus Commission for the Protection of Competition (the “Commission”), delivered a decision concerning a complaint filed by Beautyline Stores CA Papaellinas Limited (“Beautyline”) against the Mall of Cyprus (MC) PLC (“The Mall of Cyprus”), in relation (...)

The US DoJ announces that three South Korean companies in the market of oil refiners and logistics agreed to plead guilty and to enter into a civil settlement for bid-rigging (SK Energy / GS Caltex / Hanjin Transportation)
Robert Connolly Law (Palm Springs)
18 contributions 3721 visites
DOD Bid Rigging Whistleblower and Related Antitrust Division Criminal Cases* Last week the Antitrust Division announced that three South Korean companies had agreed to plead guilty and to enter into civil settlements for rigging bids on United States Department of Defense Fuel Supply Contracts (...)

The US DoJ reaches settlement with six broadcast television companies and prohibits share of competitively sensitive information in the television spot advertising market (Sinclair Broadcast Group / Raycom Media / Tribune Media Company / Meredith Corporation / Griffin Communications / Dreamcatcher Broadcasting)
McDermott Will & Emery (Washington)
United States 10 contributions 980 visits
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Crowell & Moring (Washington)
United States 16 contributions 1897 visits
THE LATEST: DOJ Reaches Settlement with Six Broadcast Television Companies* The Department of Justice (DOJ) and six broadcast television companies reached settlements last week after the DOJ claimed that the companies shared competitively sensitive information that allowed the parties to alter (...)

The EU Commission launches a market test concerning the commitments proposed by a major film studio in its pay-tv investigation (Disney)
DG COMP (Brussels)
Belgium 873 contributions 1933155 visits
Antitrust: Commission seeks feedback on commitments offered by Disney in pay-TV investigation* The European Commission is inviting comments from interested parties on commitments offered by Disney to address competition concerns relating to contractual clauses preventing the cross-border (...)

The French Competition Authority carries out unannounced inspections in the sectors of engineering, technology consulting, IT services and software publishing
French Competition Authority (Paris)
France 659 contributions 288572 visits
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out yesterday in the sectors of engineering and technology consulting, IT services and software publishing* Following authorization from the liberty and custody judge, the (...)

The EU Commission invites feedback from stakeholders on its evaluation of the vertical agreements block exemption regulation that will expire in 2022
Van Bael & Bellis (Brussels)
Belgium 153 contributions 47939 visits
The Vertical Agreements Block Exemption Regulation (“VABER”) will expire on 31 May 2022. As a result, the European Commission has formally commenced its evaluation of the VABER in order to inform its decision on whether to allow it lapse, prolong its duration or revise it, in particular to take (...)

The Indian Competition Authority does not find "product information service" charges anticompetitive in the pharmaceutical industry because they are not mandatory (RDCA Retail / Dispensing Chemists Association)
Vaish Associates Advocates (New Delhi)
India 263 contributions 36036 visits
CCI exonerates RDCA of anti-competitive conduct in pharmaceutical market- disagrees with findings of the DG* The CCI, by way of an order dated November 8, 2018 exonerated Retail and Dispensing Chemists Association, located in Mumbai (“RDCA”) on allegations of limiting and controlling free supply (...)

The US District Court for the Eastern District of Texas declares that a licensing offer based on end-device is compliant with FRAND commitments (HTC / Ericsson)
Crowell & Moring (Washington)
United States 16 contributions 1897 visits
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McDermott Will & Emery (Washington)
United States 2 contributions 305 visits
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McDermott Will & Emery (Washington)
United States 8 contributions 1035 visits
Standard-essential patent holders and implementers may face uncertainty regarding licensing practices following a May 23 Texas court ruling. In the ruling, a Texas federal judge reached a conclusion different from a recent California court decision — FTC v. Qualcomm — on the question of whether (...)

The Indian Competition Authority holds that information exchange is not a standalone violation of the Indian Competition Act (Flashlights cartel)
Shardul Amarchand Mangaldas (New Delhi)
India 59 contributions 14151 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 62 contributions 14836 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 65 contributions 15547 visits
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On 6 November 2018, the Competition Commission of India (CCI) found that four manufacturers/traders of flashlights and their trade association (the Opposite Parties) were not involved in cartelisation as, despite an information exchange, there was not enough corroborating evidence to suggest a (...)

The Indian Competition Authority exonerates parties from allegations of cartelization despite having admitting coordination in the flashlight market (Eveready / Panasonic / Indo National / Geep / AIDCM)
Vaish Associates Advocates (New Delhi)
India 263 contributions 36036 visits
CCI holds that mere information exchange by itself is not anti-competitive, in spite of leniency applications filed* The Competition Commission of India (”CCI”) by way of an order dated November 6, 2018 has exonerated Eveready Industries India Limited (“Eveready”), Panasonic Energy India Co. Ltd. (...)

The Indian Competition Authority dismisses cartel allegations against taxi app drivers on the basis that they were following the algorithm pricing and not actively colluding to fix prices (Samir Agrawal / ANI Technologies / Uber India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 36036 visits
CCI closes allegation of cartelization between taxi aggregators* By way of an order dated November 6, 2018, the CCI dismissed allegations of concerted action against Ola and Uber Group (OPs). Allegations were levelled against the pricing algorithm adopted by the OPs which allegedly manipulated (...)

Unilateral Practices

 The Cypriot Commission Authority rejects allegations of abuse of dominance regarding an exclusive dealing agreement for the supply of hairdressing salon products (Angela Antoniadou / A.J. Vouros)
Harris Kyriakides LLC (Cyprus)
Cyprus 1 contribution 115 visits
Introduction On 30 November 2018, the Cyprus Commission for the Protection of Competition (the Commission) rejected a cοmplaint for infringement of Section 6 of the Protection of Competition Law (Law 13(I)/2008), as amended (the Law). The aforementioned alleged infringement was based on the (...)

The German Competition Authority initiates an abuse of dominance proceeding against a major e-commerce company (Amazon)
German Competition Authority (Bonn)
Germany 353 contributions 80967 visits
Bundeskartellamt initiates abuse proceeding against Amazon* The Bundeskartellamt has today initiated an abuse proceeding against Amazon to examine its terms of business and practices towards sellers on its German marketplace amazon.de. Andreas Mundt, President of the Bundeskartellamt: “Amazon (...)

The Italian Competition Authority fines a social network €10 million for unfair commercial practices using its subscribers’ data for commercial purposes (Facebook)
Italian Competition Authority (Rome)
Italy 47 contributions 10700 visits
Facebook fined 10 million Euros by the ICA for unfair commercial practices for using its subscribers’ data for commercial purposes On 29 November 2018 the Italian Competition Authority (ICA), closed the investigation opened last April for alleged violations of the Consumer Code by Facebook (...)

The Danish Competition Appeals Tribunal upholds the decision fining a pharmaceutical distributor for excessive pricing (CD Pharma)
Van Bael & Bellis (Brussels)
Belgium 189 contributions 59743 visits
On 29 November 2018, the Danish Competition Appeals Tribunal upheld a 31 January 2018 decision of the Danish Competition Authority (“DCA”) finding that CD Pharma abused its dominant position on the Danish market by charging excessive prices for the sale of oxytocin, a hormone that acts as a (...)

The OECD holds a roundtable on personalized pricing in the digital era
OECD - Competition Division (Paris)
France 292 contributions 936544 visits
As data analytics and pricing algorithms become common business practice in the digital era, there are growing concerns about the possibility that companies use such tools to engage in personalised pricing, a form of price discrimination that involves charging different prices to consumers (...)

The Egyptian Economic Court fines the President and the Secretary General of a sports association for abuse of dominance regarding an exclusive licensing agreement (Confederation of African Football)
Egyptian Competition Authority (Cairo)
Egypt 5 contributions 1313 visits
Economic Court has Fined Mr. Isaa Hayatou (President of CAF) and Mr. Hicham El Amrani (Secretary General of CAF) 500 Million EGP Each*
 Background of the case: 
January 3rd 2017, the Egyptian Competition Authority (ECA) requested the Prosecutor’s Office to press criminal charges pursuant to (...)

The Turkish Competition Authority holds that online sales channels exert competitive pressure on traditional sales channels (Doğan Müzik Kitap Mağazacılık ve Pazarlama)
ACTECON (Istanbul)
Turkey 18 contributions 6602 visits
Should Traditional and Online Sales Channels Constitute Separate Relevant Markets? (The TCA’s D&R Decision) On November 23, 2018, the Turkish Competition Authority (“TCA”) published its reasoned decision (“D&R Decision”) concerning the investigation conducted against Doğan Müzik Kitap (...)

The Turkish Competition Authority fines a consumer electronics company for resale price maintenance in its online sales (Sony)
ACTECON (Istanbul)
Turkey 18 contributions 6602 visits
On 22 November 2018 the Turkish Competition Authority (“TCA”) completed its investigation and decided to sanction Sony Eurasia Pazarlama A.Ş. (“Sony”) for its involvement in imposition of fixed or minimum resale prices maintenance (“RPM”) on online retailers. Sony should be faced with an (...)

The Turkish Competition Authority fines a consumer electronics company for resale price maintenance in online sales (Sony)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 13 contributions 3199 visits
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ACTECON (Istanbul)
Turkey 6 contributions 1389 visits
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ACTECON (Istanbul)
Turkey 6 contributions 1065 visits
Turkish Competition Authority (“TCA”) published its reasoned decision which concludes the investigation that was initiated on September 7, 2017 regarding the activities of Sony Eurasia Pazarlama A.Ş. (“Sony”). The main focus of the investigation was the allegations with respect to violation of Law (...)

The Turkish Competition Authority fines an electronics company for resale price maintenance on its online sales channels (Sony)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 120 contributions 44753 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 3906 visits
This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Sony decision (22.11.2018; 18-44/703-345) in which the Board evaluated the allegations concerning resale price maintenance (“RPM”) against Sony Eurasia Pazarlama A.Ş. (“Sony”) upon complaint of a former distributor (...)

The US DoJ settles a lawsuit regarding a hospital system anti-steering provisions againts health plans (Charlotte-Mecklenburg Hospital Authority)
Sheppard Mullin (Century City)
United States 8 contributions 1419 visits
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Sheppard Mullin (San Francisco)
United States 5 contributions 1326 visits
U.S. Department of Justice Settles Anti-Steering Suit Against Hospital System; First Such Settlement After Amex SCOTUS Decision* On November 15, 2018, the Antitrust Division of the U.S. Department of Justice settled a two-and-a-half year long lawsuit against Atrium Health, a North Carolina (...)

The US DoJ reaches a settlement with a healthcare system related to provisions in a contract between the health system and commercial insurers (Charlotte Mecklenburg Hospital Authority)
McDermott Will & Emery (Chicago)
United States 8 contributions 1747 visits
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McDermott Will & Emery (Washington)
United States 7 contributions 613 visits
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McDermott Will & Emery (Chicago)
United States 3 contributions 275 visits
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THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation* The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to (...)

The Indian Competition Authority opens an investigation into abuse of dominance by a national railway company (Indian Railway Catering and Tourism Corporation)
Vaish Associates Advocates (New Delhi)
India 263 contributions 36036 visits
CCI directs investigation on allegation of abuse of dominance by IRCTC* By way of order dated November 9, 2018 under Section 26(1) of the Act, CCI directed the DG to investigate the Ministry of Railways, Indian Railway Catering and Tourism Corporation Ltd (the Opposite Parties), for alleged (...)

The Indian Competition Authority opens an investigation into a manufacturer of processors for abuse of dominant position (Intel)
Vaish Associates Advocates (New Delhi)
India 263 contributions 36036 visits
CCI directs investigation against Intel for abuse of dominant position* The CCI by way of order dated November 9, 2018 under section 26(1) of the Act, directed the DG to investigate Intel Corporation (the Opposite Party/ OP/Intel) for alleged abuse of dominant position in the market for (...)

The Indian Competition Authority finds no abuse of dominance in long-term contracts by a dominant firm on the basis that the plaintiffs had the possibility of shorter contracts (Gail India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 36036 visits
CCI finds no abuse of dominance by GAIL in enforcing one-sided clauses in long-term supply contracts in the natural gas market* The CCI by way of order dated November 8, 2018 exonerated GAIL (India) Ltd (of allegations of abusing its dominant position in the Re-gasified Liquified Natural Gas (...)

The Indian Competition Authority dismisses abuse of dominance allegations in the market for online marketplace platforms because it finds no dominance in the relevant market (All India Online Vendors Association / Flipkart India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 36036 visits
CCI defines online sale platform as a separate relevant market -holds neither Flipkart nor Amazon as dominant in the market for online marketplace platforms* CCI, by way of order dated 06.11.2018 has dismissed allegations against Flipkart India Private Limited (“Flipkart India”) and Flipkart (...)

The US Northern District Court of California requires the holder of a standard-essential patent for cellular communication to license it to all those willing to pay a fair, reasonable and non-discriminatory rate (Qualcomm)
Crowell & Moring (Washington)
United States 16 contributions 1897 visits
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McDermott Will & Emery (Washington)
United States 8 contributions 1035 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case* Summary Recently, a federal district court in California granted (...)

Mergers

 The EU Commission clears a merger subject to remedies in the market for the manufacture and supply of wood pulp (Fibria / Suzano)
DG COMP (Brussels)
Belgium 873 contributions 1933155 visits
Mergers: Commission approves acquisition of Fibria by Suzano, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Fibria by Suzano, both active in the production and supply of wood pulp from eucalyptus trees. The decision is conditional (...)

The EU Commission opens in-depth investigation regarding a merger in the nickel alloy industry (VDM / Aperam)
DG COMP (Brussels)
Belgium 873 contributions 1933155 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of VDM by Aperam in nickel alloy industry* The European Commission has opened an in-depth investigation to assess the proposed acquisition of VDM by Aperam under the EU Merger Regulation. At this stage, the Commission (...)

The OECD holds a roundtable on gun jumping and suspensory effects of merger notifications
OECD - Competition Division (Paris)
France 292 contributions 936544 visits
When merging parties fail to notify a merger to the competition authority, implement all or parts of the merger during mandatory waiting periods or co-ordinate their competitive behaviour before closing, this is commonly called “gun jumping”. The topic has received a lot of attention recently, (...)

The EU Commission submits a note on the suspensory effects of merger notifications and gun-jumping as part of OECD roundtable discussions
Kirkland & Ellis (London)
United Kingdom 6 contributions 2426 visits
The EU OECD paper on gun-jumping* Gun-jumping is a “hot topic” and increasingly on the radar of competition authorities in Europe and across the globe. As part of the OECD roundtable discussions, the European Union (and a number of other countries) recently submitted a note on the suspensory (...)

The Turkish Competition Authority approves the sole control acquisition of several resorts in the hospitality sector (MP Hotel)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 120 contributions 44753 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 3906 visits
This case summary concerns an analysis of the Board’s MP Hotel decision, in which the Board evaluated the acquisition of sole control over the (i) Magic Life Water World Imperial (“ Magic Life ”) in Antalya, (ii) TUI Blue Marmaris (“ TUI ”) in Muğla, (iii) Bodrum Imperial in Muğla, and (iv) Alaçatı (...)

The Italian Competition Authority conditionally clears a merger in the optical sector (Luxottica / Barberini)
Giannino SI (Monserrato)
Italy 142 contributions 123170 visits
Closing a Second Phase investigation in the Luxottica/Barberini case, the Italian Competition Authority (ICA) has conditionally cleared a merger between two major players in the optical industry. After an in-depth review of the transaction, the ICA took the view that the notified merger may (...)

The Turkish Competition Authority fines meal card companies for their collusive behavior (Sodexo / Edenred / Network)
ACTECON (Istanbul)
Turkey 7 contributions 1965 visits
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ACTECON (Istanbul)
Turkey 6 contributions 1065 visits
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ACTECON (Istanbul)
Turkey 5 contributions 1303 visits
Meal Card Companies under the TCA’s Scrutiny: From Full-Functionality to Collusion* Introduction In April 2019, the Turkish Competition Authority (“TCA”) released its reasoned decision, as a result of its full-fledged investigation concerning the practices of the companies that operate in the (...)

The EU Commission clears a merger subject to remedies in the markets for corrugated case materials, sheets, and cases (Europac / DS Smith)
DG COMP (Brussels)
Belgium 873 contributions 1933155 visits
Mergers: Commission approves acquisition of Europac by DS Smith, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Europac by DS Smith, both manufacturers of paper and packaging products. The decision is conditional on the divestment (...)

The EU Commission conditionally clears the creation of six joint ventures for mobility services (Daimler / BMW)
Van Bael & Bellis (Brussels)
Belgium 226 contributions 64721 visits
On 7 November 2018, the European Commission conditionally approved the creation of six mobility services joint ventures by Daimler and BMW. While the joint ventures will combine Daimler and BMW’s mobility services in ride hailing services, parking services, charging services and other on-demand (...)

Clearance: The European Commission approves, subject to conditions, the creation of six joint ventures by two manufacturers in the sector of mobility services (Daimler / BMW)
Hogan Lovells (Paris)
France 24 contributions 9357 visits
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Hogan Lovells (Paris)
France 15 contributions 4003 visits
On November 7, 2018, the Commission approved a concentration whereby the two German car manufacturers Daimler and BMW planned to pool their mobility service businesses, including in particular their car sharing services. The two German car makers’ project consists in the creation of six (...)

The EU Commission clears the creation of six joint ventures in the automobile sector, subject to remedies (Daimler / BMW)
DG COMP (Brussels)
Belgium 873 contributions 1933155 visits
Mergers: Commission clears the creation of six joint ventures by Daimler and BMW, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the creation of six joint ventures by Daimler and BMW, subject to conditions. Daimler and BMW, both active in car (...)

The EU Commission clears a merger, subject to remedies, in the markets of production and distribution of films for release in movie theaters and distribution of content for home entertainment and licensing of films and other TV content (Fox / Disney)
DG COMP (Brussels)
Belgium 873 contributions 1933155 visits
Mergers: Commission approves Disney’s acquisition of parts of Fox, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of parts of Fox by Disney, both US based global media companies. The decision is conditional on full (...)

The Danish Competition Council approves a merger between two private insurance companies based on the commitments submitted by one of them (Tryg / Alka)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 109 contributions 28591 visits
The Danish Competition Council has approved the merger between Tryg Forsikring A/S and Forsikrings-Aktieselskabet Alka subject to commitments* On 19 March 2018 the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of Tryg Forsikring A/S’ (hereinafter (...)

The US DoJ introduces reforms to speed up merger reviews with a new model timing agreement
Jones Day (Washington)
United States 14 contributions 2408 visits
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Jones Day (Houston)
United States 30 contributions 14162 visits
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Jones Day (Washington)
United States 15 contributions 6500 visits
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The Trump Administration leadership at the U.S. Department of Justice and Federal Trade Commission have announced reforms regarding merger reviews. This Jones Day White Paper reviews these reforms and their strategic implications for merging parties. As described more fully below, there is (...)

The US DoJ announces new Model Timing Agreement for Merger Investigations
McDermott Will & Emery (Washington)
United States 25 contributions 2727 visits
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McDermott Will & Emery (Washington)
United States 6 contributions 915 visits
THE LATEST: DOJ Announces New Model Timing Agreement for Merger Investigations* Consistent with Assistant Attorney General Delrahim’s speech on September 25, 2018, the DOJ released a new Model Timing Agreement which sets out that it will require fewer custodians, take fewer depositions, and (...)

The Indian Competition Authority clears acquisition of a global conglomerate’s rail business by another conglomerate due to limited effects in India (Siemens / Alstom)
Vaish Associates Advocates (New Delhi)
India 263 contributions 36036 visits
CCI approves acquisition of sole control of Alstom by Siemens* CCI by way of its order dated November 1, 2018 has approved the acquisition of Alstom S.A (“Alstom”) by the mobility business of Siemens Aktiengesellschaf (“Siemens”). The parties had entered into a Business Combination Agreement (...)

The Czech Competition Authority clears a merger subject to remedies in the soft drink market (Pepsico / KMV)
Czech Competition Authority (Brno)
Czech Republic 23 contributions 3757 visits
KMV is allowed to take control over part of Pepsi business, subject to commitments* The Office for the Protection of Competition issued on 30 October 2018 a decision approving the concentration between soft drinks producers, subject to fulfilment of several structural commitments. The (...)

State Aid

 The EU General Court clarifies both the date on which State aid is deemed to be granted and the scope of public service obligations (ARFEA)
Maastricht University
Belgium 293 contributions 46475 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission approves under State aid rules a measure to support innovative solar power installations in France
DG COMP (Brussels)
Belgium 873 contributions 1933155 visits
State aid: Commission approves €600 million in public support for innovative solar power installations in France* The European Commission has approved under EU State aid rules a measure to support innovative installations for electricity production from solar energy. The measure will further (...)

The EU Commission finds no aid given to container terminal operators in Belgium’s Port of Antwerp (PSA Antwerp / Antwerp Gateway)
DG COMP (Brussels)
Belgium 873 contributions 1933155 visits
State aid: Commission finds no aid given to container terminal operators in Belgium’s Port of Antwerp* The European Commission has concluded that reductions in compensation payments granted by the state-owned Port of Antwerp to two container terminal operators were granted on market terms and (...)

The EU General Court holds that a change in the method of funding public broadcasting does not constitute an alteration of an existing aid measure that would require notification to the Commission (Stichting Woonlinie / Stichting Woonpunt)
Maastricht University
Belgium 293 contributions 46475 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court confirms selectivity of Spanish tax scheme for the amortisation of financial goodwill (Deutsche Telekom / Banco Santander / Sigma Alimentos Exterior / Prosegur Compañia de Seguridad / Duty Free Group / Banco Santander / Santusa)
Van Bael & Bellis (Brussels)
Belgium 144 contributions 28400 visits
On 15 November 2018, the General court (“GC”) issued several judgments in cases relating to a European Commission decision classifying a Spanish tax scheme for the amortisation of financial goodwill as incompatible state aid (Cases T-207/10, T-227/10, T-239/11, T-405/11, T-406/11, T-219/10 and (...)

The EU Commission and the UK propose a draft withdrawal agreement following the Brexit referendum : the State aid provisions
Maastricht University
Belgium 293 contributions 46475 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission finds a State aid to a Conservatory to be compatible with the internal market (Fundació Privada Conservatori del Liceu)
Maastricht University
Belgium 293 contributions 46475 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission finds that an energy producer received approximately €60 million of incompatible State aid from Romania (CE Hunedoara)
DG COMP (Brussels)
Belgium 873 contributions 1933155 visits
State aid: Romania needs to recover around €60 million of incompatible aid from energy producer CE Hunedoara* The European Commission has found that energy producer Complexul Energetic Hunedoara (CE Hunedoara) received around €60 million of incompatible State aid from Romania through four (...)

The EU Commission approves under EU State aid rules a Bulgarian and Greek plan for the construction of a natural gas interconnector
DG COMP (Brussels)
Belgium 873 contributions 1933155 visits
State aid: Commission approves public support for natural gas interconnector between Greece and Bulgaria* The European Commission has found Bulgarian and Greek plans to support the construction and operation of a natural gas interconnector to be in line with EU State aid rules. The project (...)

The EU Court of Justice finds that recovery of unlawful State aid is only impossible if the difficulties claimed by the Member State are real and there are no alternative methods of recovery (Scuola Elementare Maria Montessori)
Maastricht University
Belgium 293 contributions 46475 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

Procedures

 The US Supreme Court hears oral arguments to determine whether iPhone App Store customers are Apple direct purchasers in order to pursue the Big Tech monopoly claims (Apple / Pepper)
Wolters Kluwer (Chicago)
4 contributions 1107 visits
Will High Court allow consumers to pursue Apple Monopoly claims?* The Supreme Court heard oral arguments on November 26 in a suit alleging that the Ninth Circuit erred in holding that iPhone App Store customers were direct purchasers of those apps and had standing to sue Apple for the (...)

The OECD holds a roundtable on the treatment of legally privileged information in competition proceedings
OECD - Competition Division (Paris)
France 292 contributions 936544 visits
Most OECD jurisdictions protect the confidentiality of the relationship between a client and its attorney, and grant parties in competition proceedings the right to resist disclosure of protected information to public bodies and third parties. Legal professional privilege is a corollary of the (...)

The High Court of Namibia declares unlawful a dawn raid conducted by the National Competition Authority on the basis that there was no grounds for granting the search warrant (Puma Energy)
Primerio (Washington)
44 contributions 8956 visits
NAMIBIA: HIGH COURT DECLARES COMPETITION COMMISSION’S SEARCH AND SEIZURE UNLAWFUL* On 9 November 2018, the High Court in Namibia declared a dawn raid conducted by the Namibian Competition Commission (NaCC) in September 2016 to be unlawful. The NaCC raided the premises of PUMA Energy on the (...)

Regulatory

 The OECD holds a roundtable on competition law and state-owned enterprises
OECD - Competition Division (Paris)
France 292 contributions 936544 visits
Like private firms, State-owned enterprises (SOEs) might seek to maximise profit, even if they ultimately re-invest the surplus that they earn. Alternatively, their objective might be to expand their output, or they may have another goal. Regardless of their objectives, there remains a risk (...)

The OECD holds a roundtable on the relation between gender and competition
OECD - Competition Division (Paris)
France 292 contributions 936544 visits
Competition policy usually thinks in terms of consumers and firms, government and regulators. Traditionally, consumers have been considered only by their willingness to pay, their (rational) preferences, their ability to substitute between products offered by firms. Meanwhile, firms are treated (...)

The OECD holds a roundtable on quality considerations in the zero-price economy
OECD - Competition Division (Paris)
France 292 contributions 936544 visits
Over the course of a single day, most consumers will come into contact with at least one product that is offered to them at a price of zero. Business models centred around the zero-price provision of products are not new. However, in the digital economy, new zero-price markets have arisen with (...)

The OECD holds a roundtable on designing the publicly funded healthcare markets
OECD - Competition Division (Paris)
France 292 contributions 936544 visits
Many people depend on publicly funded healthcare to lead a productive, fulfilling, and satisfying life. While there is little guidance on where, or how, to introduce choice and competition in healthcare services, there has nevertheless been a steady movement towards the greater use of market (...)

The UNCTAD and Egyptian Competition Authority launch regional training centre for competition in Cairo for 7 national competition authorities in the Middle East and North Africa region
United Nations Conference on Trade and Development (UNCTAD)
Switzerland 12 contributions 561 visits
Cairo home to new competition-focused training centre* Competition agencies from seven Middle East and North African countries will benefit from world-class courses offered at innovative training hub in Egypt. Implementing competition law and policy has an increasingly regional flavour as (...)

The EU Parliament, the Council, and the Commission agree on a framework for the screening of foreign direct investments on the grounds of security or public order
Norton Rose Fulbright (Brussels)
Belgium 36 contributions 5313 visits
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McDermott Will & Emery (Paris)
France 110 contributions 53279 visits
,
McDermott Will & Emery (Brussels)
Belgium 35 contributions 5044 visits
EUROPEAN PARLIAMENT, COUNCIL AND EC PROPOSE EU FRAMEWORK FOR FOREIGN DIRECT INVESTMENT SCREENING On 20 November 2018, the European Parliament, the Council and the EC agreed on a framework for the screening of foreign direct investment (FDI) on grounds of security or public order. This new (...)

The EU Commission and the UK propose a draft withdrawal agreement following the Brexit referendum
Ashurst (London)
United Kingdom 28 contributions 13724 visits
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Ashurst (London)
United Kingdom 29 contributions 3960 visits
Are you wondering what competition law in the UK might look like post-Brexit? The answer differs depending on whether the wording of the draft withdrawal agreement agreed between the UK government and European Commission (’Commission’) on 14 November 2018 (’Withdrawal Agreement’) is ultimately (...)

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