October 2009

General antitrust

 The Swedish Competition Authority publishes a report on the collective installment of broadband internet or cable TV
Swedish Competition Authority (Stockholm)
Sweden 65 contributions 9373 visits
Sweden: Research Report on Collective Instalment of Broadband Internet or Cable-TV* In October 2009, the Swedish Competition Authority published a report in which an economic analysis of the effects on competition from collective instalment of broadband internet or cable TV was carried out. (...)

Anticompetitive practices

 The Latvian Competition Authority detects prohibited concerted practices among distributors of a consumer goods electronics company (Samsung Home Appliances)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216791 visits
Latvia: Competition Council detects Prohibited Concerted Practices among Distributors of Samsung Home Appliances On 30 October 2009, the Latvian Competition Council (CC) adopted a decision in which it found that concerted practices among five distributors of Samsung appliances infringed (...)

The Latvian Competition Authority detects prohibited concerted practices among distributors of household appliances (Samsung Home Appliances)
Latvian Competition Council (Riga)
Latvia 116 contributions 22681 visits
Competition Council detects Prohibited Concerted Practices among Distributors of Samsung Home Appliances* On 30 October 2009 the Latvian Competition Council (CC) adopted a decision in which it found that concerted practices among five distributors of Samsung appliances infringed Article 81 of (...)

The Paris Court of Appeal refers to the Court of Justice for a preliminary ruling on whether or not a general and absolute ban on internet sales by approved distributors constitutes a ’hardcore restriction’ on competition (Pierre Fabre)
Galderma (Paris)
France 6 contributions 14903 visits
In a judgment dated 29 October 2009, the French Court of Appeal made a reference for a preliminary ruling under article 234 of the Treaty establishing the European Community (the “EC Treaty”), whereby the ECJ was asked to answer “the question whether a general and absolute ban on Internet sales to (...)

The UK High Court refuses to delay a jurisdiction hearing in a cartel case until after an Italian Court of Appeal rules on its part of the same cartel case (Cooper Tire & Rubber / Shell Chemicals)
Simmons & Simmons (London)
United Kingdom 19 contributions 4705 visits
As reported in our article Italian Torpedo defused? Tactical moves in private actions for damages, a number of claimants are seeking damages - possibly amounting to some tens of millions of pounds - in the Commercial Court of the High Court in a follow on action to the synthetic rubber cartel. (...)

The French Competition Authority accepts to close the proceedings conditional to the cease of long-term exclusive agreements (Cybervitrine / Photomaton)
Galderma (Paris)
France 6 contributions 14903 visits
In a decision dated 26 October 2009, the French Competition Authority decided, pursuant to Article L. 464-2 I of the French commercial code, to close the proceedings opened against the Photomaton Company, in exchange of certain commitments regarding the long-term exclusive agreements it had (...)

The Serbian Competition Authority annulls the decision of the Serbian Association of Insurers setting the minimum premium rates for motor vehicle liability insurance (Serbian Association of Insurers)
University of Macau - Faculty of Law
China 284 contributions 224141 visits
On 21 October 2009 Serbian Competition Authority (KZK) following an ex officio investigation annulled a decision of the Serbian Association of Insurers (UOS) setting minimum premium rates for motor vehicle liability insurance as anticompetitive agreement prohibited by the relevant provisions of (...)

The US District Court for the Eastern District of Pennsylvania rules that the FTAIA mandated dismissal of a putative class action brought against foreign airlines in a civil litigation concerning the allegation of price fixing (Lufthansa / Air France / KLM / Alitalia)
Vinson & Elkins (San Francisco)
United States 6 contributions 947 visits
U.S. Court Grounds Europe-Japan Air Travel Price-Fixing Case* On October 16, 2009, Judge Louis H. Pollak of the United States District Court for the Eastern District of Pennsylvania ruled that the Foreign Trade Antitrust Improvements Act of 1982, 15 U.S.C. § 6a ("FTAIA") mandated dismissal of a (...)

The Lithuanian Supreme Administrative Court partly upholds the Competition Authority decision which fines members of paper cartel (Schneidersöhne Baltija)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216791 visits
Lithuania: Supreme Court partly upholds Authority Decision in Paper Case On 16 October 2009, the Lithuanian Supreme Administrative Court partly upheld a decision of the Competition Council of 26 October 2006 finding an infringement of Article 5 of the Lithuanian Law on Competition and of (...)

The European Commission accepts commitments proposed by UK Association in the ship classification market (International Association of Classification Societies)
European Commission - DG COMP (Brussels)
Belgium 2 contributions 1237 visits
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European Commission - DG DEVCO (Brussels)
Belgium 1 contribution 586 visits
"Commitment decision in the ship classification case: Paving the way for more competition"* I. Introduction On 14 October 2009, the Commission adopted a decision under Article 9(1) of Regulation 1/2003 that renders legally binding commitments offered by the International Association of (...)

The Hungarian competition authority accepts commitments from the lawyer’s Bar on registration fees (Békés Megyei Ügyvédi Kamara)
Hungarian Competition Law Research Centre (Budapest)
Hungary 2 contributions 3810 visits
The Hungarian competition authority, the Gazdasági Versenyhivatal (GVH) accepted commitments from the lawyer’s Bar of Békés Megye (Békés Megyei Ügyvédi Kamara; further on: BMÜK). The GVH initiated the investigation on 7 May 2007, because it was thought that the BMÜK with the imposition of procedural (...)

The German Federal Cartel Office imposes a fine on the producer of hearing devices for having threatened or inflicted disadvantages on another company in order to induce a certain retail price level for the resale of hearing devices (Phonak)
Linklaters (Düsseldorf)
Germany 17 contributions 18768 visits
Description of the impugned case The case deals with an indirect RPM clause. The producer of hearing devices provided lists with recommended prices containing minimum and maximum sale prices for hearing devices. One of the dealers offered the products significantly below the recommended prices (...)

The French Competition Authority issues an opinion on the sector of borrower’s insurance for housing loan
Autorité de la concurrence (Paris)
France 726 contributions 379505 visites
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence is in favour of the separation of the housing loan offer and the insurance offer. It considers that it is necessary to guarantee the information provided to consumers and to (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on several manufacturers of cathode ray tubes for televisions for having implemented a price-fixing agreement (MT Picture Display)
Japan Fair Trade Commission (Tokyo)
Japon 129 contributions 22994 visites
Cease-and-Desist Order and Surcharge Payment Orders against Manufacturers of Cathode Ray Tubes for Televisions* 　The Japan Fair Trade Commission (hereinafter “JFTC”) investigated entrepreneurs manufacturing and selling the cathode ray tubes for televisions in accordance with the provisions of the (...)

The US DoJ proposes a framework for post-Leegin resale price maintenance
3M (St. Paul)
United States 3 contributions 6094 visits
Introduction Two years ago, the U.S. Supreme Court, in Leegin Creative Leather Products v. PSKS, Inc. , held that minimum resale price agreements were not per se violations of Section 1 of the Sherman Act. Rather, the Court held such agreements should be evaluated under the “rule of reason” (...)

The US DOJ Assistant Attorney General provides guidance on vertical price Fixing/Resale Price Maintenance (RPM)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 19 contributions 6123 visits
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Jones Day (Houston)
United States 33 contributions 15416 visits
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United States 23 contributions 11217 visits
On October 7, 2009, Department of Justice Assistant Attorney General Christine Varney used a speech to the National Association of Attorneys General to reaffirm the DOJ’s commitment to a closer cooperation with the state enforcers. She also devoted a major portion of her remarks to offering a (...)

The EU Court of Justice reverses the Commission decision regarding the legality of dual pricing arrangments between leading pharmaceutical undertaking and Spanish wholesalers (GlaxoSmithKline)
Morgan Lewis (London)
United Kingdom 28 contributions 16143 visits
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Corrs Chambers Westgarth (Sydney)
Belgium 6 contributions 5649 visits
On 6 October 2009, the European Court of Justice (ECJ) issued its judgment in the long-running wrangle regarding the legality of GlaxoSmithKline’s (GSK) dual pricing arrangements with Spanish pharmaceutical wholesalers. As a result of the judgment, the European Commission (Commission) will have (...)

The EU Court of Justice confirms that the Commission must assess whether an agreement to limit parallel trade in medicines has pro-competitive benefits (GlaxoSmithKline)
Linklaters (Paris)
France 154 contributions 248642 visits
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Secretary of State for the Home Department (London)
United Kingdom 17 contributions 34736 visits
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Sciences Po (Paris)
France 7 contributions 12553 visits
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On 6 October, the European Court of Justice (‘ECJ’) issued another “score draw” judgment in the long-running battle of R&D-based pharmaceutical companies to limit parallel trade in medicines across the EU. While the ECJ required the European Commission to conduct an in-depth examination of (...)

The Dutch Court of Appeal of Leeuwarden rules that the termination of distribution contracts by a supplier under pressure from competing distributors is a concerted practice (Batavus / Vriend)
Van Doorne (Amsterdam)
Netherlands 3 contributions 2195 visits
I. Introduction This judgment of the Court of Appeal of Leeuwarden (“the Court”) is the latest in a series of judgments in a long running dispute relating to the termination in 2001 by Batavus B.V. (“Batavus”), a bicycle manufacturer, of its long term business relations with a retailer, Vriend’s (...)

The Dutch Court of First Instance of Arnhem holds, in interlocutory proceedings, that a non-compete clause concluded in a franchise agreement, which was not exempted under the vertical agreements and concerted practices Regulation is enforceable (Bruna)
European Commission - DG COMP (Brussels)
Belgium 46 contributions 199154 visits
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European Court of Justice (Luxembourg)
Luxembourg 23 contributions 87195 visits
In March 1999, a franchise agreement was concluded for a period of five years between Bruna, the franchisor, and the defendant in this case, the franchisee. After renewal in 2004, this agreement was prolonged until 1 August 2009. The defendant was given the right to use the Bruna system for the (...)

The Serbian Competition Authority annulls an anticompetitive agreement concluded by five bus operators fixing ticket prices on the regular routes between Serbia and Germany (Panonijabus / Lasta / ATP Vojvodina / Severtrans / Nis-Ekspres)
University of Macau - Faculty of Law
China 284 contributions 224141 visits
On 2 October 2009 Serbian Competition Authority (KZK) established existence of an anticompetitive agreement concluded by several bus companies for the purpose of limiting competition on regular bus routes between Serbia and Germany. Specified agreement labeled “Pool T-488” was concluded between (...)

The Berlin Higher Regional Court rules on key issues of standing and standard of proof in cartel damages suits (Transportbeton Berlin)
Eberhard Karls University of Tübingen
Germany 14 contributions 41966 visits
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Gleiss Lutz (Stuttgart)
Germany 2 contributions 2769 visits
I. Introduction In its judgment on the first of October 2009 the Berlin Higher Regional Court has decided on important and disputed questions concerning the private enforcement of cartel damage claims under the German Act against restraints of Competition (“ARC”). Several statements in the (...)

Unilateral Practices

 The Belgian Competition Authority rejects a complaint of abuse of dominance in the beer distribution sector (Inbev)
Liège University
France 39 contributions 157985 visits
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KBC Assurance (Weelde)
Belgium 1 contribution 1192 visits
1. The Parties The plaintiffs in this case are, on the one hand, the Flanders and Walloon HORECA (that is the Federation of Hotels, restaurant and catering professionals) and, on the other hand, several bars owners. The action is brought against Inbev Belgium plc (“Inbev”), a subsidiary of (...)

The UK High Court declines to issue a stay against a damage claim brought by tire manufacturers seeking redress from members of an alleged Butadiene Rubber and Emulsion Styrene Butadiene Rubber cartel (Cooper Tire & Rubber Company / Shell Chemicals)
European Commission - Legal Service (Brussels)
Belgium 15 contributions 41229 visits
The High Court of England and Wales has declined to issue a stay against a damage claim brought by tyre manufactures seeking redress from members of an alleged Butadiene Rubber and Emulsion Styrene Butadiene Rubber cartel. Background The damage claim brought by the tyre manufacturers follows (...)

The Italian Civil Tribunal in Milan holds a decision on the private enforcement of Art. 82 EC concerning the cease of purchase of advertising spaces on leading commercial networks (Sky / Mediaset)
University of Turin (Turin)
Italy 7 contributions 8455 visits
On September 16, 2009 Sky Italia S.r.l. has filed a lawsuit under the Art. 700 of the Italian Code of Civil Procedure with the Tribunal of Milan against RTI and Publitalia , both owned by the Mediaset Group, for the infringement of (a) the antitrust principles under Art. 82 of the European (...)

The Chinese People’s Court in Beijing Dongcheng District announces the settlement in a private enforcement action brought against a Chinese mobile company for abuse of dominance (China Mobile)
AnJie Broad Law (Beijing)
China 39 contributions 12074 visits
The Ending of the ’China Mobile’ Case* This is an article corresponding to the China Mobile case which was discussed at China Law Vision on April 21, 2009. On 23 October 2009 the Beijing Dongcheng District People’s Court announced the settlement of an Anti-Monopoly Law (AML) case brought by Zhou (...)

The Italian Competition Authority finds no abusive conduct for travel facility access and accepts commitments for maintenance area access (NTV/RFI-Accesso al Nodo di Napoli)
Singapore Management University
Singapore 1 contribution 1259 visits
On October 22nd, 2009, the Italian Competition Authority (hereinafter: AGCM) handed down two distinct rulings which concluded the investigatory proceedings concerning FS (Ferrovie dello Stato) and RFI (Italian Railway Network). The two companies were allegedly engaged in abusive excluding (...)

The Belgian Competition Authority dismisses a claim from the Union of Belgian French-speaking Booksellers against their main distributors for alleged illicit agreement and abuse of dominant position (Interforum)
Lexing (Liège)
Belgium 20 contributions 15928 visits
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Cahill Gordon & Reindel (New York)
United States 1 contribution 1183 visits
I. The parties The complaint was launched by the “Belgian Union of French-speaking Booksellers” (hereinafter UBFB), whose task is "to ensure the preservation and advancement of the interests of booksellers; safeguard, foster and promote by all means the dissemination of books; ensure the (...)

The Italian Competition Authority closes two investigations against the manager of rail network group without finding any competition infringement (NTV/RFI-Accesso al Nodo di Napoli)
Municipality of Cagliari
158 contributions 131080 visites
Two investigations conducted by the Italian Competition Authority (ICA) against the incumbent rail operator, the Ferrovie dello Stato group (FS), over alleged infringements of Article 82 EC have been closed by a commitment and an acquittal decision. The ICA started the investigations against FS (...)

The Belgian Competition Authority dismisses a complaint from the Union of Belgian French-speaking Booksellers alleging an abuse of dominance and the existence of a cartel between two book distributors (Dilibel)
Lexing (Liège)
Belgium 20 contributions 15928 visits
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Université de Grenoble Alpes - INP
France 1 contribution 1126 visits
1. The parties The “Union of Belgian French-speaking Booksellers” (hereinafter “UBFB”) is a non-profit organization which represents and defends the interests of the Belgian French-speaking booksellers. It represents 60% of French-speaking booksellers of Belgium. Dilibel Plc. is a subsidiary of (...)

The Swiss Competition Authority fines an ADSL provider for margin squeeze (Swisscom)
Sigma Legal (Geneva)
Switzerland 5 contributions 6349 visits
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Tetra Pak (Pully)
Switzerland 1 contribution 1691 visits
The telecom undertaking Swisscom provides, through its subordinate entity Bluewin, ADSL services (broadband internet) to final consumers (retail market). Furthermore, Swisscom offers the preliminary service which is indispensible for broadband internet. Swisscom/Bluewin’s competitors, including (...)

The Maltese Competition Authority condemns a company for illicit anti-competitive behaviour and abuse of dominance in the cigarette market (Austria Tabak / Central Cigarette Company)
Lia & Aquilina (Malta)
Malta 16 contributions 44826 visits
In terms of Article 13A of Maltese Competition Act (Chapter 379 of Laws of Malta , hereinafter referred to as ‘MCA’), the Director of the Office for Fair Trading (hereinafter referred to as ‘Director’) requested the Commission for Fair Trading (hereinafter referred to as ‘Commission’) to review its (...)

The Maltese Competition Authority finds that the national airline’s decision to reduce the commission payable to travel agents for flight bookings does not fall foul of the rules of fair competition (Federation of Associations of Travel and Tourism Agents / Air Malta)
Lia & Aquilina (Malta)
Malta 16 contributions 44826 visits
In terms of Article 13A of Maltese Competition Act (Chapter 379 of Laws of Malta, hereinafter referred to as ‘MCA’), the Director of the Office for Fair Trading (hereinafter referred to as ‘Director’) requested the Commission for Fair Trading (hereinafter referred to as ‘Commission’) to review its (...)

The US Court of Appeals for the Second Circuit states that direct purchasers of antidiuretic medicine have antitrust standing in patent infringement suit (DDAVP)
IPR University Center (Helsinki)
Finland 29 contributions 5356 visits
2nd Circuit finds DDAVP purchasers stated Walker Process and related claims and had antitrust standing* On 16 October 2009 the Court of Appeals for the Second Circuit held (In re: DDAVP Direct Purchaser Antitrust Litigation) that direct purchasers of desmopressin acetate tablets, sold under (...)

The Portuguese Competition Authority dismisses tying charges following commitments (Sugalidal - Indústrias de Alimentação / Cifo - Sociedade de Fomento Agrícola / Heinz)
DLA Piper (Lisbon)
Portugal 20 contributions 28413 visits
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Vieira de Almeida (Lisbon)
Portugal 12 contributions 15064 visits
Following the acceptance of the commitments offered by food-industry company Sugalidal - Indústrias de Alimentação, the Portuguese Competition Authority (PCA) published on 15 October a press release announcing the dismissal of charges regarding abuse of dominance under the form of tying practices. (...)

The German Competition Authority imposes a fine for resale price maintenance in the market for hearing aids (Phonak)
Van Bael & Bellis (Brussels)
France 163 contributions 55186 visits
According to a press release of 15 October 2009, the German Federal Competition Authority imposed a fine of €4.2 million on Phonak, a leading supplier of hearing aids in Germany. Phonak supplies hearing aids to specialised resellers, which resell such hearing aids to end-customers. The German (...)

The Portuguese Competition Authority forbids abusive behaviour and imposes commitments in the agricultural market (Sugalidal / Cifo / Heinz)
Sérvulo (Lisbon)
Portugal 18 contributions 25804 visits
Last October 15th, the Portuguese Competition Authority (Autoridade da Concorrência, hereinafter “PCA”) decided that Sugalidal abused its dominant position in the market for seeds by imposing farmers to acquire and plant only Heinz seeds. According to the Press Release 20/2009, the cPCA decided (...)

The German Higher Regional Court of Düsseldorf orders the dominant German railway network provider to reimburse additional fees charged for the ad hoc use of the railway network (Deutsche Bahn)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64974 visits
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Practising Law Institute (New York)
United States 93 contributions 31129 visits
In its judgment of 14 October 2009, the Higher Regional Court of Düsseldorf (“Court”) held that additional fees charged by the dominant German railway network provider (“defendant”) to a company active in the field of railway freight transportation (“claimant”) for the ad hoc use of the railway (...)

The EU Commission market tests commitments proposed by a leading software company to address allegations of tying an internet browser (Microsoft)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64974 visits
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Practising Law Institute (New York)
United States 93 contributions 31129 visits
On 7 October 2009, the Commission announced that it was beginning a market test of commitments offered by Microsoft to address allegations that it tied its web browser Internet Explorer with its client PC operating system. The move follows the publication of a Statement of Objections earlier (...)

The EU Commission market tests commitments in the Swedish electricity transmission market (Svenska Kraftnät)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64974 visits
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Practising Law Institute (New York)
United States 93 contributions 31129 visits
On 6 October 2009, the Commission announced that it was beginning a market test of commitments offered by Svenska Kraftnät (SvK), the Swedish transmission system operator, to address various allegations of abuse. The move follows an announcement by the Commission earlier this year that it had (...)

The Paris Court of Appeal narrows the scope for procedural challenges to a decision of the National Competition Authority (Canal 9 / Les Indépendants)
Debevoise & Plimpton (Hong Kong)
Hong Kong 2 contributions 1083 visits
On 1 June 2010, the Paris Court of Appeal (Court of Appeal) handed down a judgment upholding the decision of the Conseil de la Concurrence (now the Autorité de la Concurrence) in the long running case La Société Canal 9 S.A.S. v Le G.I.E. Les Indépendants. The Court found that the failure of the (...)

The OECD holds a roundtable on margin squeeze
OECD - Competition Division (Paris)
France 311 contributions 1299559 visits
A margin squeeze occurs when there is such a narrow margin between an integrated provider’s price for selling essential inputs to a rival and its downstream price that the rival cannot survive or effectively compete. A first step in margin squeeze investigations is a detailed inquiry into the (...)

Mergers

 The Chinese MOFCOM clears the merger of consumer electronic companies with conditions (Panasonic / Sanyo)
WilmerHale (Beijing)
China 4 contributions 2284 visits
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WilmerHale (Beijing)
China 3 contributions 1437 visits
China’s Ministry of Commerce ("MOFCOM") on October 31, 2009 cleared the Panasonic/Sanyo transaction with conditions, concluding a nine-month review period. The Panasonic/Sanyo transaction is the most recent of the five transactions that MOFCOM has cleared with conditions since the Anti-Monopoly (...)

The Chinese MOFCOM recent merger decision on consumer electronics highlights the continuing challenges in Chinese merger control procedure (Panasonic / Sanyo)
Sidley Austin (Beijing)
China 1 contribution 183 visits
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Hogan Lovells (Beijing)
China 80 contributions 18789 visits
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Sidley Austin (Beijing)
China 1 contribution 183 visits
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On October 30, 2009, China’s Ministry of Commerce (“MOFCOM”) issued its decision in the Panasonic/Sanyo case, and published a summary of the decision on its website. The Panasonic/Sanyo transaction is the most recent of a series of cases where MOFCOM imposed conditions when issuing antitrust (...)

The China’s Ministry of Commerce compels divestment of assets inside and outside China as a condition of clearance (Panasonic / Sanyo)
Simmons & Simmons (Beijing)
3 contributions 600 visits
For the first time, MOFCOM has demanded divestment of assets held outside China in a transaction involving two non Chinese parties. On 30 October 2009, China’s Ministry of Commerce (MOFCOM) announced its conditional approval of the proposed acquisition by Panasonic Corporation (Panasonic) of (...)

The European Commission refers to the French Competition Authority the examination of a joint control acquisition of two companies active in the transport of passengers by a Canadian institutional fund manager (SNCF-P/CDPQ/Keolis/Effia)
JG Associates (Brussels)
193 contributions 62747 visits
"Merger: main developments between 1 September and 31 December 2009"* In response to a request by France’s Competition Authority, the European Commission decided, on 30 October 2009, to refer to that authority the matter of examining the acquisition of joint control of the French (...)

The Hellenic Competition Commission conditionally clears in Phase II a merger in the retail market for petrol and diesel (BP Hellas / Hellenic petroleum)
University of East Anglia (Norwich)
United Kingdom 29 contributions 25734 visits
On 10 July 2009, Hellenic Petroleum notified the Hellenic Competition Commission (HCC) of its intention to purchase a controlling share of BP Hellas SA. The acquisition is said to cost Hellenic Petroleum € 359 M. This acquisition includes the entire network of BP facilities in Greece, including (...)

The UK Competition Commission authorizes the purchase of two distressed local bus operators (Stagecoach Group of Eastbourne Buses - Cavendish Motor Services)
Municipality of Cagliari
158 contributions 131080 visites
By a decision taken on 22 October 2009 the Competition Commission (CC) has changed its provisional findings of August and unconditionally cleared the Stagecoach acquisition of two local bus operators in Eastbourne, Eastbourne Buses Limited (EBL) and Cavendish. The CC was referred the (...)

The Competition Authority of Bosnia & Herzegovina issues on opinion regarding thresholds for mandatory notification of concentrations (BA Heinzel)
University of Macau - Faculty of Law
China 284 contributions 224141 visits
On 21 October 2009 legal counsel of the Heinzel Group (Heinzel) Dr. Johannes Klezl requested Competition Authority of Bosnia & Herzegovina to express its opinion regarding Heinzel’s obligation to notify its acquisition of an Austrian company engaged in manufacturing of paper for magazines (...)

The French Competition Authority conditionally clears acquisition in the rail sector (Novatrans / SNCF)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70725 visits
On 16 October 2009, the French Competition Authority conditionally cleared SNCF‘s acquisition of Novatrans. SNCF is the French incumbent rail transport provider and Novatrans is the leading provider of combined road and rail transport in France. The Competition Authority expressed concerns that, (...)

State Aid

 The EU Commission approves under State aid rules the establishment of urban tax-free zones in certain parts of Italy (Zone Franche Urbane)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34254 visits
"State aid: main developments between 1 September and 31 December 2009"* The Commission authorised establishment of urban tax-free zones in certain parts of Italy. The aim is to encourage regeneration of particularly deprived areas. In the 22 areas classified as urban tax-free zones, small and (...)

The EU Commission holds that the scheme implemented by Hungary for the taxation of intra-group interest constitutes an existing aid scheme
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34254 visits
"State aid: main developments between 1 September and 31 December 2009"* In January 2003, the Hungarian authorities introduced new provisions allowing favourable taxation of net interest income received from affiliated companies belonging to the same corporate group. The measure allowed a tax (...)

The European Commission concludes that Italian measures in favor of two R&D projects in the aeronautical industry does not constitute State aid (Agusta)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34254 visits
"State aid: main developments between 1 September and 31 December 2009"* The European Commission has concluded that Italian measures in favour of two R&D projects conducted by Agusta concerning helicopters (A139 and BA609) are of a military nature and therefore fall within the scope of (...)

The EU Commission authorises UK restructuring aid package in the banking sector (Northern Rock)
DG Economic and Financial Affairs-ECFIN (Brussels)
Belgium 2 contributions 1122 visits
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De Nederlandsche Bank (Amsterdam)
Netherlands 2 contributions 1014 visits
"Restructuring in the banking sector during the financial crisis: the Northern Rock case"* I. Introduction In normal circumstances the exit of inefficient firms is part of a self-correcting mechanism in the market. In this way market-based competition penalises those who make less efficient (...)

The EU Commission approves a package of measures to support the restructuring of UK mortgage bank (Northern Rock)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34254 visits
"State aid: main developments between 1 September and 31 December 2009"* On 28 October 2009, the Commission approved a package of measures to support the restructuring of UK mortgage bank Northern Rock. The bank will be split into a ‘good’ bank that will continue the economic activities of (...)

The EU Commission authorises an Italian State aid scheme offering interest-rate subsidies for the production of environmentally friendly (green) products
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34254 visits
"State aid: main developments between 1 September and 31 December 2009"* The Commission authorised an Italian scheme offering interest-rate subsidies for the production of environmentally friendly (green) products. The measure will focus on the car component industry and, more precisely, on (...)

The EU Council signs a Free Trade Agreement with the South Korean Government containing for the first time WTO+ rules on subsidies that are enforceable through bilateral dispute settlement with commercial sanctions
European Commission - DG COMP (Brussels)
Belgium 13 contributions 26952 visits
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European Commission - DG COMP (Brussels)
Belgium 2 contributions 1547 visits
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Kluge (Oslo)
1 contribution 543 visits
EU-Korea FTA: a stepping stone towards better subsidies’ control at the international level* On 15 October 2009 a free trade agreement (FTA) between Korea and the EU, the EU’s first with a trading partner in Asia, was initialled. It is the most ambitious FTA ever negotiated by the EU, containing (...)

The EU Commission endorses a Finnish proposal for tax incentives for productive investment projects
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34254 visits
"State aid: main developments between 1 September and 31 December 2009"* The Commission endorsed a Finnish proposal for tax incentives for productive investment projects. Under the proposed scheme, for the 2009 and 2010 fiscal years Finland will temporarily double the depreciation rates for (...)

Procedures

 The President of a French Commercial Court rules on the competence of the local court hearing applications for interim relief on matters involving competition law (Siac, Renault)
Vogel & Vogel (Paris)
France 94 contributions 118335 visits
The interim order handed down by the President of the Albi Commercial Court on 28 October 2009 is of interest insofar as it has, for the first time in France, ruled on the issue of the competence of the local court hearing applications for interim relief to rule on matters involving competition (...)

The Paris Court of Appeal confirms the first ever implementation of Art. 22.1 Reg. 1/2003 by the French NCA in the carbureactors case (Chevron Products)
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216791 visits
France: Paris Court of Appeal confirms the first ever Implementation of Article 22(1) of Regulation 1/2003 by the French Competition Authority On 4 December 2008, the French Competition Authority fined four oil companies € 41 000 000 for colluding in a tender process organized by Air France (...)

The Serbian Competition Authority announces the results of the sector inquiry on the market for wholesale and retail distribution of liquefied petroleum gas
University of Macau - Faculty of Law
China 284 contributions 224141 visits
On 23 February 2010 the Serbian Competition Authority (Komisija za zastitu konkurencije) (KZK) published the results of the sector inquiry evaluating the competitive conditions on the market for the wholesale and retail distribution of the liquefied petroleum gas (LPG). This investigation was (...)

The Bulgarian Competition Authority adopts guidelines on competition impact assessment
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216791 visits
Bulgaria: CPC adopts Guidelines on Competition Impact Assessment On 15 October 2009, the Bulgarian Commission on Protection of Competition (CPC) adopted Guidelines for the assessment of compliance of legislative and general administrative acts with competition rules. The document forms part of (...)

The UK Competition Appeal Tribunal lambasts a retailer by awarding only a fraction of their costs for the main proceedings (Tesco)
DLA Piper (London)
United Kingdom 25 contributions 18282 visits
The Competition Appeal Tribunal (CAT) lambasted Tesco Plc (Tesco) for incurring exorbitant costs (£1.46 million) in its successful judicial review of the Competition Commission’s (CC) decision to implement a “competition test”. Tesco won its appeal. Nevertheless, the CAT has discretion over the (...)

The EU Competition Commissioner Neelies Kroes argues for ex ante disclosure of essential patents
Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50306 visits
In a speech given in Brussels on 15 October 2009, EU Competition Commissioner Neelie Kroes gave the clearest indication yet of the Commission’s current thinking on standard-setting. Among others, Commissioner Kroes indicated that companies will have to reveal licensing costs in advance if they (...)

The European Competition Network publishes a report assessing convergence in the field of leniency
European Commission - DG COMP (Brussels)
Belgium 4 contributions 2833 visits
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European Commission - DG COMP (Brussels)
Belgium 3 contributions 1471 visits
"The state of ECN leniency convergence"* I. What was the rationale for convergence and what is the state of play? On 13 October 2009, the heads of the national competition authorities making up the European Competition Network (ECN) endorsed a Report assessing convergence in the field of (...)

The Paris Court of Appeal holds that, in compliance with the adversarial principle, the parties to the commitments procedure shall have access to all documents which the case handler had drafted its preliminary assessment (Canal 9 / Les Indépendants)
Galderma (Paris)
France 6 contributions 14903 visits
Following the quashing of its first decision , the Paris Court of Appeal held, in the present decision , that in compliance with the adversarial principle, the parties to the commitments procedure shall have access to all documents on the basis of which the French Rapporteur (the “case handler”) (...)

The Spanish Supreme Court provides guidance on the application of the proof by presumptions test in the context of a bid rigging case in the healthcare sector (Amersham Health)
Airbus (Toulouse)
France 5 contributions 6209 visits
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Pernod Ricard (Paris)
France 2 contributions 3167 visits
On October 3, 2009, the Spanish Supreme Court (Tribunal Supremo) quashed the Appellate Administrative Court’s (Audiencia Nacional) judgment of April 11, 2006 upholding a decision of the Spanish competition authority (“NCA”) to fine four healthcare companies for bid-rigging on the market for the (...)

Regulatory

 The Romanian Competition Authority releases a report on its sector inquiry into real estate transactions and related services
University of Macau - Faculty of Law
China 284 contributions 224141 visits
On 1 April 2008 Romanian Competition Authority (CC) initiated a sector inquiry into the real estate transactions and related services in order to assess competitive conditions on the market and identify potential anticompetitive practices that might require CC’s intervention or changes in the (...)

The European Commission publishes a communication on a better functioning food supply chain in Europe
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46069 visits
To complement a European Commission Communication on a better functioning food supply chain in Europe, which was published on 28 October 2009, the Commission has published a staff working document which considers competition in the food supply chain. The Commission was granted a mandate to (...)

The EU Commission holds a roundtable on online music distribution and publishes a joint statement signed by key industry players
Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50306 visits
On 19 October 2009, the participants of a European Commission Roundtable on the online distribution of music signed a joint statement setting out general principles that aim to underpin the online distribution of music in the future. Participants in the Roundtable comprised Amazon, BEUC, EMI, (...)

The Serbian Competition Authority advises the Government to review the list of medicines provided under the national health insurance scheme (Medicines provided under the national health insurance scheme)
University of Macau - Faculty of Law
China 284 contributions 224141 visits
On 2 October 2009 Serbian Competition Authority (KZK) issued an opinion concerning the Government’s decision to reduce the number of medicines purchased by the medical institutions under the national health insurance scheme. KZK initiated its investigation following a complaint lodged by a law (...)

The French Competition Authority issues an opinion on the dairy sector
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216791 visits
France: Autorité de la concurrence issues an Opinion on the Dairy Sector The Autorité de la concurrence was asked by the French Senate (Economic Affairs Committee) to issue an opinion on the competition aspects of the milk sector last June. In its opinion, delivered to the Senate on 2 October (...)

The OECD holds a roundtable on generic pharmaceuticals
OECD - Competition Division (Paris)
France 311 contributions 1299559 visits
Executive summary, by the Secretariat (1) Competition from generic drugs is a desirable policy objective as it typically brings substantial savings to pharmaceutical buyers. However, it should be balanced against the incentives brand manufacturers need to invest in developing innovative new (...)

The OECD holds a roundtable on the failing firm defence
OECD - Competition Division (Paris)
France 311 contributions 1299559 visits
Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegates‘ written submissions and the Secretariat‘s background paper, several key points emerge: (1) The failing firm defence (FFD) may arise more frequently during financial and economic crises. During (...)

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