October 2015

General antitrust

 The UK Parliament extends the Competition Appeal Tribunal’s jurisdiction and powers to hear competition damages cases
St John’s Chambers (Bristol)
United Kingdom 15 contributions 5497 visits
United Kingdom: Consumer Rights Act 2015 introduces new procedures for competition litigation, including collective follow-on damages actions* On 1 October 2015, the Consumer Rights Act 2015 (“CRA 2015”) entered into force. The CRA 2015 makes numerous changes to consumer rights laws in the (...)

The UK Parliament implements a regime issued from the Consumer Right Act extending the powers of the Competition Appeal Tribunal
Blackstone Chambers (London)
United Kingdom 3 contributions 654 visits
Private Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away Introduction* Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other competition (...)

The UK Parliament’s Consumer Rights Act 2015 enters into force
White & Case (London)
United Kingdom 13 contributions 34547 visits
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White & Case (Brussels)
Belgium 53 contributions 54627 visits
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White & Case (Brussels)
Belgium 48 contributions 36580 visits
The entry into force of the UK Consumer Rights Act 2015 (the “CRA”) on 1 October 2015 marks the introduction of opt-out class actions in the UK, further transforming the legal landscape for private damages claims in the UK. Together with further changes as a result of the UK’s implementation of (...)

The UK Parliament adopts the Consumer Rights Act to boost private enforcement of competition law
Norton Rose Fulbright (London)
United Kingdom 4 contributions 2042 visits
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Norton Rose Fulbright (London)
United Kingdom 2 contributions 543 visits
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Norton Rose Fulbright (London)
United Kingdom 5 contributions 1310 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 1 October 2015 the Consumer Rights Act 2015 entered into force. This reforms and consolidates consumer protection laws in the UK but also - (...)

The UK Parliament introduces a class action mechanism for antitrust damages
Covington & Burling (London)
Royaume-Uni 4 contributions 444 visites
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Covington & Burling (Brussels)
Belgium 28 contributions 12111 visits
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7 contributions 1742 visits
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The UK has introduced a class action mechanism that could lead to an increase in antitrust litigation. Most significantly, the new mechanism will enable opt-out class actions, which are potentially effective in aggregating individually low value claims, into a single high value, and (...)

Anticompetitive practices

 The Zambian Competition Authority conducts dawn raids as part of an investigation into the alleged fixing of maize and flour prices (Millers Association)
Primerio (Washington)
46 contributions 10060 visits
Zambia: Competition Authority conducts dawn raids in the maize milling industry* ZNBC reported on 30 October 2015 that the Zambian Competition and Consumer Protection Commission (CCPC) conducted dawn raids on three milling companies, namely National Milling Corporation, Superior Milling (...)

The Indian Competition Appellate Tribunal cancels a fine for boycott by a pharmaceutical association due to the wholesaler’s own conduct and lack of anticompetitive effect (Arora Medical Hall / Ferozepur Chemists & Druggists Association)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40462 visits
Competition Appellate Tribunal sets aside the penalty imposed by CCI against Chemist and Druggist Association, Ferozepur* COMPAT by its judgment dated 30 October 2015 over-ruled the order penalizing Chemist and Druggist Association, Ferozepur, Punjab in a case filed by Arora Medical Hall, (...)

The Chinese NDRC and the Chongqing AIC take separate actions to punish cartel conduct and refusal to supply in the pharmaceutical industry (Allopurinol)
University of Melbourne
Australia 103 contributions 28189 visits
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China Competition Bulletin (Beijing)
China 101 contributions 25133 visits
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Hogan Lovells (Beijing)
China 78 contributions 18379 visits
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Both the NDRC and the Chongqing Administration for Industry and Commerce (Chongqing AIC) have recently taken enforcement action to address anticompetitive conduct involving allopurinol. Allopurinol tablets are a common treatment for gout (known as hyperuricemia), widely used in clinical (...)

The Russian and Finnish Competition Authorities sign a new cooperation program for 2016-2017
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53682 visites
The competition authority of Russia and Finland signed a new Cooperation Programme for 2016-2017* On 28 October 2015, a new Cooperation program was signed between the Federal Antimonopoly Service and Finland’s Competition and Consumer Authority in Paris. The Programme was signed in the course (...)

The OECD holds a roundtable on competition and cross platform parity agreements
OECD - Competition Division (Paris)
France 310 contributions 1251889 visites
Executive summary, by the Secretariat * From the discussion at the hearing, the delegates’ and experts’ written submissions, several key points have emerged: 1. There is increasing concern at online platforms using across platform parity agreements (APPAs) that prevent producers from setting (...)

The OECD holds a roundtable on cartels involving intermediate goods
OECD - Competition Division (Paris)
France 310 contributions 1251889 visites
Executive summary, by the Secretariat * Considering the discussion at the roundtable on “Cartels Involving Intermediate Goods”, held by Working Party No.3 on Co-operation and Enforcement on 27 October 2015, the Secretariat’s background paper and the delegates’ written submissions and (...)

The Russian Competition Authority concludes an investigation regarding a cartel in the market of public and municipal construction (NASI)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53682 visites
Leningrad OFAS exposed a violation on the regional market of developing and selling costing programs, and design specifications and estimates* The Federal Antimonopoly Service (FAS Russia) continues the efforts to expose violations of the antimonopoly law in public and municipal construction. (...)

The EU Court of Justice dismisses an appeal against the EU General Court’s judgment upholding a cartel facilitator liability (AC-Treuhand)
Garrigues (Brussels)
Belgium 19 contributions 10980 visits
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Garrigues (Brussels)
Belgium 1 contribution 530 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. You may remember that earlier this year we commented on AG Wahl’s Opinion in AC-Treuhand (C-194/14 P) and anticipated that, in spite of its thought provoking (...)

The EU Court of Justice confirms that consulting firms may be held liable and fined for cartel facilitation (AC‑Treuhand)
Nokia (Brussels)
Belgium 4 contributions 3207 visits
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Quinn Emanuel Urquhart & Sullivan (Brussels)
Belgium 8 contributions 4861 visits
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Quinn Emanuel Urquhart & Sullivan (Brussels)
Belgium 7 contributions 5348 visits
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This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Court of Justice has confirmed that consultancy firms may be held liable and fined for cartel infringements where they contribute to the implementation and (...)

The EU Court of Justice confirms the liability of cartel facilitators in a landmark decision concerning the heat stabilisers cartels (AC-Treuhand)
Callol, Coca & Asociados (Madrid)
Espagne 169 contributions 44490 visites
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 21511 visites
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Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3453 visites
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On 22 October 2015, the ECJ has issued a judgment on appeal against the European Commission (EC) decision in the Heat Stabilisers cartels (Commission v AC-Treuhand AG C-194/14 P). The ECJ stated that a fine can be imposed under Article 101 TFUE on a consulting firm for facilitating cartel (...)

The EU Court of Justice upholds a cartel decision of the Commission on heat stabilisers market (AC-Treuhand)
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2607168 visites
Antitrust: Commission welcomes Court judgment confirming cartel facilitator’s liability* The European Commission welcomes today’s ruling by the EU Court of Justice upholding an earlier General Court judgment and thereby a Commission decision of 2009 to hold AC Treuhand liable under EU antitrust (...)

The EU Court of Justice upholds cartel facilitator liability (AC-Treuhand)
Simmons & Simmons (London)
United Kingdom 11 contributions 4095 visits
In brief AC-Treuhand has failed in its attempt to have two fines overturned for facilitating the heat stabilisers cartel. The case confirms that servicing a cartel by organising and participating in meetings, collecting and supplying to producers data on relevant markets and offering to (...)

The EU Court of Justice holds that the liability of a cartel facilitator was foreseeable (AC-Treuhand)
University of Groningen
Netherlands 8 contributions 4867 visits
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University of Groningen
Netherlands 1 contribution 719 visits
The shortest competition judgment ever: AC-Treuhand II* Competition law judgments are notorious for their length. An extreme example is the 5134 paragraph judgment in Cement. In most cases the appeal judgment is significantly shorter, as with the 391 paragraphs in the appeal in Cement. (...)

The German Competition Authority fines for the second time a matress producer for resale price maintenance (Tempur)
German Competition Authority (Bonn)
Allemagne 427 contributions 107865 visites
Bundeskartellamt concludes mattress case with another fine* The Bundeskartellamt has fined Tempur Deutschland GmbH, Steinhagen, 15.5 million euros for imposing resale price maintenance on retailers selling its products. Andreas Mundt, President of the Bundeskartellamt: "From August 2005 to (...)

The EU Court of Justice dismisses the appeal against a judgment of the EU General Court upholding cartel facilitator liability (AC-Treuhand)
Covington & Burling (Brussels)
Belgium 14 contributions 5502 visits
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Litiguard (Antwerp)
Belgium 1 contribution 998 visits
I. The Parties AC Treuhand AG, the applicant, is a consultancy firm which is based in Zurich (Switzerland) and provides a range of international focused services, like business management and administration, assessment of market data, presentation of market statistics, etc. The European (...)

The EU Commission fines suppliers of optical disc drives for cartel (Optical Disk Drives Cartel)
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2607168 visites
Antitrust: Commission fines suppliers of optical disc drives € 116 million for cartel* The European Commission has fined eight optical disc drive suppliers a total of €116 million for having coordinated their behaviour in relation to procurement tenders organised by two computer manufacturers, (...)

The Indian Competition Appellate Tribunal dismisses allegations of anticompetitive conduct against film chamber of commerce due to mistakes in investigation by the Competition Authority (Cinergy Independent Film Service / Andhra Pradesh Film Chamber of Commerce)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40462 visits
Competition Appellate Tribunal set asides the penalty imposed by CCI against Andhra Pradesh Film Chamber of Commerce* Competition Appellate Tribunal (“COMPAT”)in its judgment dated October 14, 2015 set aside the penalty of INR 12.89 lacs imposed by CCI on Andhra Pradesh Film Chamber of Commerce (...)

The UK Court of Appeal refuses to expand the qualification of victim down the chain to the ultimate consumer (Air Canada / Emerald Supplies)
Blackstone Chambers (London)
United Kingdom 11 contributions 3022 visits
Blown out of the water? Air Cargo and the future of extra-EU/EEA cartel damages claims* If the captain of a trading ship fires cannon on a canoe to prevent the canoeists trading with another boat vying for their trade, that boat’s owners can sue the captain: Tarleton v M’Gawley (1793) Peake 270. (...)

The UK Court of Appeal strikes out two cartel damage claims based on the torts of conspiracy and economic interference and narrows the scope of other potential claims (Air Cargo)
Simmons & Simmons (London)
United Kingdom 4 contributions 441 visits
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Simmons & Simmons (London)
United Kingdom 19 contributions 4572 visits
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Simmons & Simmons (London)
United Kingdom 12 contributions 4003 visits
In brief There were three significant developments in the air cargo cartel damages litigation in the UK in October 2015. First, on 14 October 2015, the English Court of Appeal significantly narrowed the scope of potential claims in the UK by striking out two claims based on the torts of (...)

The Dutch Competition Authority maintains its fines on 13 reading folder producers for market sharing and information exchange agreements (ATC / De Map Holding / De Meteoor / Demob / EKL Reading Folders / Reading Circle Intimate)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 198 contributions 32419 visits
Decision on objection fine in cartel case Leesmappen* The Netherlands Authority for Consumers and Markets (ACM) maintains its opinion that the reading folder companies have made agreements that restrict competition. On November 7, 2013, ACM fined thirteen companies that distribute reading (...)

The Turkish Council of State annuls the decision of the Competition Authority which dismissed the complaint at the preliminary inquiry stage without evaluating the information that showed the collusion (Pegas / Anex / Tez / Odeon Tours)
3 contributions 756 visits
This case comment analyses the judgment of the Turkish Council of State in which it has annulled the decision of the Turkish Competition Authority that rejects the complaint of a rival at the stage of preliminary inquiry without assessing the evidence demonstrating the collusion between four (...)

The Indian Competition Authority passes an order on the assessment of vertical restraints under the Competition Act but leaves several questions unanswered (Shri Ghanshyam Das Vij / Bajaj)
Luthra & Luthra Law Offices (New Delhi)
India 2 contributions 500 visits
The Competition Commission of India (CCI) on 12 October 2015 passed an order on assessment of vertical restraints under the Competition Act, 2002 (Act) — leaving many questions unanswered. Factual background A distributor of various ayurvedic and general health products of various companies (...)

The Indian Competition Authority issues a cease and desist against retail distributers’ association but applies no fine due to the association ceasing with contentious activities (Shri Ghanshyam Dass Vij / Sonipat Distributor)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40462 visits
Competition Commission of India (CCI) passes cease and desist order against Sonipat Distributor (FMCG) Association* CCI in its order dated October 12, 2015 found Sonipat Distributor (“FMCG”, Fast Moving Consumers’ Goods) Association (“SDA”) contravening the provisions of section 3(3)(b)& (c) of (...)

The Japanese Competition Authority issues a cease and desist order and a surcharge payment order against tenderers for bid-rigging (Japan Railway Construction)
Japan Fair Trade Commission (Tokyo)
Japan 128 contributions 22427 visits
The JFTC Issued Cease and Desist Orders and Surcharge Payment Orders to the Participants in Bidding for Snow-Melting Equipment Works for Hokuriku Shinkansen Ordered by the Japan Railway Construction, Transportation and Technology Agency* The Japan Fair Trade Commission (JFTC) today issued the (...)

The Italian Competition Authority opens an investigation into the tender procedures for oxygen-therapy and ventilo-therapy services at home (Gare ossigenoterapia e ventilopterapia)
BonelliErede (Rome)
Italy 41 contributions 53721 visits
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BonelliErede (Rome)
Italy 11 contributions 4344 visits
With a decision of 7 October 2015, following the complaints lodged by one of the local health units in the city of Milan (“ASL Milan”) and the purchasing consortium of the Campania Region (“Soresa”), the Italian Competition Authority (“ICA”) opened an investigation into 14 companies (“Parties”) (...)

The EU Commission opens formal investigation into eligibility rules of a professional sports association (International Skating Union)
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2607168 visites
Antitrust: Commission opens formal investigation into International Skating Union’s eligibility rules* The European Commission has opened a formal antitrust investigation into International Skating Union (ISU) rules that permanently ban skaters from competitions such as the Winter Olympics and (...)

Unilateral Practices

 The Indian Competition Authority dismisses by majority view allegations of abuse of dominance against real estate company and concludes that "townships" cannot yet be considered their relevant market (Jaiprakash Associates / Jaypee Infratech)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40462 visits
CCI closes case against Jaiprakash Associates Ltd for alleged abuse of dominance* The Competition Commission of India (CCI) by way of its order dated October 26, 2015 has exonerated M/s Jaiprakash Associates Ltd and M/s Jaypee Infratech Ltd. (OPs) by majority view for alleged abuse of (...)

The Spanish Competition Authority ensures the principle of portability and fines a telecommunications company in the fixed telephone line market for preventing its users from switching their line operator (Orange)
Callol, Coca & Asociados (Madrid)
Espagne 169 contributions 44490 visites
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 21511 visites
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Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3453 visites
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The NMCC has fined Orange € 120,000 for preventing 525 users from switching their fixed telephone line operator between 2013 and 2014. Portability (the change of fixed telephony service provider keeping the same telephone number) is regulated as an essential right of users. According to the (...)

The Moscow Arbitration Court confirms that a pharmaceutical company has abused its dominance by stopping to supply insulin (Novo Nordisk)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53682 visites
Cassation Court confirmed: “Novo Nordisk” violated the antimonopoly law* On 21 October 2015, the Arbitration Court of the Moscow District upheld the ruling of the 9th Arbitration Appeal Court of 29 June 2015 and dismissed a cassation appeal of “Novo Nordisk” against the decision of the Federal (...)

The German Competition Authority agrees to a settlement with a municipal utility, which has charged excessive water prices to its customers (Wuppertal municipal utility)
German Competition Authority (Bonn)
Allemagne 427 contributions 107865 visites
Excessive water prices - Wuppertal municipal utility has to refund 15 million euros to customers* On account of the excessive water prices charged by the Wuppertal municipal utility, the Bundeskartellamt has agreed a settlement with WSW Energie und Wasser AG, by which the latter will refund 15 (...)

The Moscow Arbitration Court confirms that an electricity provider has abused its dominance in the market of electric power transmission (MRSK Siberia)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53682 visites
Arbitration Court supported Kemerovo OFAS in a dispute with “MRSK Siberia”* Arbitration Court of the Kemerovo Region pronounced legitimacy and determination of the Office of the Federal Antimonopoly Service in the Kemerovo Region (Kemerovo OFAS) with regard to “MRSK Siberia” OJSC. The company (...)

The Croatian Competition Authority accepts the remedies proposed by a dominant undertaking on the market of pyrotechnic products (Mirnovec pirotehnika)
Croatian Competition Agency (Zagreb)
Croatie 112 contributions 17830 visites
CCA orders Mirnovec pirotehnika to change lease and business cooperation agreements* Similar as in the recent proceeding that it carried out against the undertaking Orion in the same relevant market the Croatian Competition Agency (CCA) opened the ex officio proceeding following the initiative (...)

The Croatian High Administrative Court rules on the lack of capacity for the national central bank to file a claim against a decision of the Competition Authority (HNB)
Croatian Competition Agency (Zagreb)
Croatie 112 contributions 17830 visites
High Administrative Court dismisses the claim filed by the Croatian National Bank against the CCA decision* The High Administrative Court of the Republic of Croatia dismissed the claim filed by the Croatian National Bank (HNB) against the decision of the Croatian Competition Agency (CCA) on (...)

The EU Court of Justice rules on issues concerning retroactive rebates and the procedures through which these rebates can be characterized as abusive (Post Danmark II)
Covington & Burling (Brussels)
Belgium 14 contributions 5502 visits
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Linklaters (Brussels)
Belgium 1 contribution 428 visits
I. The Parties Post Danmark S/A is a Danish undertaking that provides postal services in Denmark. The undertaking provides postal services and applies uniform tariffs throughout Danish national territory. At the time of the main proceedings, in 2007 and 2008, Post Danmark was controlled by the (...)

The EU Court of Justice rules on issues concerning retroactive rebates and the procedures through which these rebates can be characterized as abusive (Post Danmark II)
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31390 visits
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Herbert Smith Freehills (Brussels)
Belgique 106 contributions 67245 visites
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Herbert Smith Freehills (Paris)
France 93 contributions 44142 visits
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This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 6 October 2015, the European Court of Justice (the Court) issued its preliminary ruling in Post Danmark A/S v Konkurrencerådet (Competition (...)

The EU Court of Justice confirms “safe harbour” for volume rebates but creates new challenges (Post Danmark II)
King’s College (London)
Belgium 13 contributions 9175 visits
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Gibson Dunn (Brussels)
Belgium 1 contribution 804 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Rethinking Rebates Policy Under EU Competition Law* On 6 October 2015, the European Court of Justice (ECJ) ruled in a case concerning rebates and when they fall (...)

The EU Court of Justice rules on retroactive loyalty rebates and offer clarity (Post Danmark II)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 53 contributions 22736 visites
The first Post Danmark case in 2012 brought about a modest antitrust revolution on Article 102 applicable to discrimination. Rarefied economic concepts were confirmed. Price discrimination as a standalone abuse was all but confined to a historical footnote in antitrust textbooks, to be (...)

The EU Court of Justice rules on retroactive loyalty rebates (Post Danmark II)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 64 contributions 29404 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 74 contributions 55230 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 12232 visits
On October 6, 2015, the European Court of Justice (the ECJ) issued an important judgment clarifying the application of Article 102 to retroactive loyalty rebates (Post Danmark AS, Case C 23/14). The case, which had been referred to the ECJ by the Danish Commercial Court, concerned rebates for (...)

The EU Court of Justice rules on whether a retroactive loyalty rebates scheme is liable to have an exclusionary effect (Post Danmark II)
Quinn Emanuel Urquhart & Sullivan (Brussels)
Belgium 8 contributions 4861 visits
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Quinn Emanuel Urquhart & Sullivan (Brussels)
Belgium 7 contributions 5348 visits
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Quinn Emanuel Urquhart & Sullivan (Brussels)
Belgium 6 contributions 6335 visits
The EU Court of Justice has handed down its much-awaited preliminary ruling in Post Danmark II . This ruling marks an ‘evolution’ rather than a ‘revolution’ in the assessment of rebates under Article 102 TFEU. While regrettably unclear in certain passages, some aspects of the Court of Justice’s (...)

The Swedish Competition Authority closes its investigation of an online travel agency after accepting commitments (Expedia Sweden)
Swedish Competition Authority (Stockholm)
Sweden 65 contributions 9277 visits
Investigation of the online travel agency Expedia closed* After the online travel agent Expedia has changed the application of certain conditions in its contract with hotels, the Swedish Competition Authority has now closed its investigation of the company. Expedia operates under the (...)

Mergers

 The EU Commission opens an in-depth investigation concerning a merger in the mobile telecommunications market (Hutchison / Telefónica UK)
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2607168 visites
MERGERS: COMMISSION OPENDS IN-DEPTH INVESTIGATION INTO HUTCHISON’S PROPOSED ACQUISIITON OF TELEFÓNICA UK* The European Commission will investigate in-depth Hutchison’s takeover of Telefónica UK. The European Commission has opened an in-depth investigation under the EU Merger Regulation to assess (...)

The UK Competition Authority provisionally clears a merger in the retail mobile market (BT / EE)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 351 contributions 88297 visites
CMA PROVISIONALLY CLEARS BT/EE MERGER * The Competition and Markets Authority (CMA) has provisionally cleared BT’s anticipated acquisition of EE. BT Group plc (BT) and EE Limited (EE) are large telecommunications companies in the UK. They operate largely in separate areas with BT strong in (...)

The German Competition Authority clears a merger between major online dating platforms in phase II (EliteMedianet / Parship)
German Competition Authority (Bonn)
Allemagne 427 contributions 107865 visites
Major online dating platforms can merge* The Bundeskartellamt has cleared in second phase proceedings the planned acquisition of all the shares in EliteMedianet GmbH, Hamburg, by an investment fund of Oakley Capital Limited, London. The merger affects the market for online dating platforms, on (...)

The Irish Competition Authority approves a merger following the parties’ submission of a failing division argument (Baxter / Fannin)
European Investment Bank (Luxembourg)
Luxembourg 3 contributions 2094 visits
Introduction The Irish Competition and Consumer Protection Commission (CCPC) has approved a merger under the Irish Competition Act 2002 (as amended) following the parties’ submission of a failing division argument. The transaction saw Baxter Healthcare Limited (Baxter) seeking to acquire sole (...)

The Irish Competition Authority clears the first otherwise anticompetitive merger using the failing firm defense (Baxter / Fannin)
Trinity College Dublin
Ireland 12 contributions 1055 visits
Introduction 1 On 21 October 2015 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Baxter Healthcare Limited (Baxter) of Fannin Compounding Limited (Fannin), a business division of Fannin Limited which was, in turn, a subsidiary (...)

The French Competition Authority clears a merger in the newspapers market (LVMH / Le Parisien / Aujourd’hui en France)
Autorité de la concurrence (Paris)
France 717 contributions 369242 visites
The Autorité de la concurrence clears the acquisition of Le Parisien and Aujourd’hui en France by the LVMH Group* The Autorité de la concurrence has reviewed the acquisition of sole control of the publishing and marketing activities of Le Parisien and its nationwide version Aujourd’hui en France (...)

The French Competition Authority clears an acquisition in the overseas’s mobile telecom market (Iliad / Hiridjee)
Autorité de la concurrence (Paris)
France 717 contributions 369242 visites
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF JOINT CONTROL OF OUTREMER TELECOM’S MOBILE ACTIVITIES BY ILIAD ALONGSIDE HIRIDJEE* The Autorité de la concurrence has reviewed the acquisition by Iliad of 50% of the capital of the company Telecom Reunion Mayotte, which will henceforth be (...)

The Spanish Competition Authority fines a company for failure to notify, taking into account that the actual market share resulting from the transaction in the market of diagnostic business of blood transfusions met the legal notification threshold (Grifols)
Callol, Coca & Asociados (Madrid)
Espagne 169 contributions 44490 visites
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 21511 visites
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Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3453 visites
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The NMCC has fined with € 106.500 Grifols for failure to comply with the obligation to notify a concentration subject to the minimis market share threshold (i.e., when the turnover of the target does not exceed the € 10 million the market share threshold increases up to 50%). In particular, the (...)

The Japanese Competition Authority opens an in-depth review concerning a merger in the market of containerboard (Nippon Paper Industries / Tokushu Tokai Paper)
Japan Fair Trade Commission (Tokyo)
Japan 128 contributions 22427 visits
The JFTC Opens Secondary Review Concerning the Proposed Transactions including Establishment of a Joint Selling Company for Containerboards etc by Nippon Paper Industries Co．， Ltd． and Tokushu Tokai Paper Co．， Ltd．and Solicits Comments from Third Parties* The Japan Fair Trade Commission (JFTC) (...)

The Irish Competition Authority clears an acquisition subject to a number of structural remedies in the fuel sector (Topaz / Esso)
Trinity College Dublin
Ireland 12 contributions 1055 visits
Introduction 1 On 15 October 2015 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Topaz Investments Limited (Topaz) of Esso Ireland Limited (Esso Ireland), a wholly owned by the Exxon Mobil Corporation, subject to a number of (...)

The UK Competition Authority removes several structural merger undertakings given before 1 January 2005 concerning eleven cases
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 351 contributions 88297 visites
CMA presses on with remedies removal* The CMA is continuing its drive to ensure that its remedies do not stay in place longer than needed. As part of a series of such reviews, the Competition and Markets Authority (CMA) has looked at remedies resulting from 13 merger investigations and (...)

The French Competition Authority opens ex officio proceedings to review whether a internet provider has respected its merger remedies (SFR / Bouygues Telecom)
Autorité de la concurrence (Paris)
France 717 contributions 369242 visites
SFR/Bouygues Telecom agreement to deploy fibre in very densely populated areas* Following a complaint made by Bouygues Telecom, the Autorité de la concurrence has opened ex officio proceedings to review the conditions under which Numericable complies with its commitments made in relation to the (...)

The Romanian Competition Authority clears a merger in the pharmaceutical sector (Centrofarm / Help Net Farma)
Romanian Competition Council (Bucharest)
Romania 128 contributions 23446 visits
THE COMPETITION COUNCIL HAS AUTHORIZED THE TAKEOVER OF 19 PHARMACIES CENTROFARM BY HELP NET * The Competition Council has authorized the take over of 19 pharmacies Centrofarm by Help Net Farma SA. By this transaction, Help Net take over the 19 pharmacies Centrofarm from 10 localities: (...)

The Mexican Competition Authority clears a merger subject to remedies in the supermarkets retail sector (Soriana / Comercial Mexicana)
Mexican Competition Authority (Mexico City)
Mexico 124 contributions 24364 visits
COFECE conditions concentration1 between Soriana and Comercial Mexicana* Mexico City, October 8th 2015. - The Mexican Federal Competition Commission (COFECE) decided to challenge the concentration between Organización Soriana (Soriana) and Controladora Comercial Mexicana (CCM) in the terms in (...)

The Portuguese Competition Authority clears a merger on the air transport market (TAP)
Portuguese Competition Authority (Lisbon)
Portugal 107 contributions 26571 visits
ADC CLEARS THE ACQUISITION OF TAP * The Portuguese Competition Authority (PCA) adopted a clearance decision on the merger concerning the acquisition of joint control of the air transport undertaking TAP – Transportes Aéreos Portugueses, SGPS, S.A. by HPGB, SGPS, S.A. and DGN Corporation, through (...)

The German Competition Authority clears a merger on the market of high definition digital maps for cars (BMW / Daimler / Audi / HERE)
German Competition Authority (Bonn)
Allemagne 427 contributions 107865 visites
BMW, DAIMLER AND AUDI CAN ACQUIRE NOKIA’S HERE MAPPING SERVICE * In the first phase of merger control the Bundeskartellamt has cleared the acquisition of the HERE mapping service, which until now has belonged to the Finnish Nokia Corporation, by a consortium of the German car manufacturers BMW, (...)

The EU Commission opens an in-depth investigation regarding a takeover in the mobile phone retail market (Liberty Global / BASE)
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2607168 visites
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED ACQUISITION OF BASE BELGIUM BY LIBERTY GLOBAL* The European Commission will investigate in-depth the Liberty Global/BASE Belgium takeover. The European Commission has opened an in-depth investigation under the EU Merger Regulation (...)

The Belgian Competition Authority fines an undertaking for impeding a market inquiry by the late provision of information (Sanoma Media)
Belgian Competition Authority (Brussels)
Belgium 89 contributions 20553 visits
The Competition College of the Belgian Competition Authority has imposed a fine of 50 000 euro on Sanoma Media Belgium because they impeded an investigation by the late provision of information* The Competition College has decided that Sanoma Media Belgium N.V. (seller) impeded by negligence (...)

State Aid

 The EU Commission orders claw back in the first decisions to emerge in its crackdown on corporate tax avoidance (Fiat / Starbucks)
Simmons & Simmons (Brussels)
Belgique 21 contributions 15614 visites
On 21 October 2015, the European Commission adopted its first two decisions on the compatibility of tax rulings with EU State aid rules. The first case related to a Dutch tax ruling granted to Starbucks. The second case involved Fiat’s finance company, based in Luxembourg. In both cases, the (...)

The EU Commission decides selective tax advantages for an automobile company in Luxembourg are illegal under EU State aid rules (Fiat)

Van Bael & Bellis (Brussels)
Belgique 151 contributions 32375 visites
On 9 June 2016, the Commission published the non-confidential version of its decision in its state aid investigation into Fiat’s tax arrangements in Luxembourg. As reported previously, the Commission press release issued in October 2015 explained that Luxembourg had breached EU state aid rules (...)

The EU Commission concludes that Luxembourg and the Netherlands granted illegal tax advantages to two companies (Fiat / Starbucks)
European Commission - DG COMP (Brussels)
Belgique 1262 contributions 2607168 visites
Commission decides selective tax advantages for Fiat in Luxembourg and Starbucks in the Netherlands are illegal under EU state aid rules* The European Commission has decided that Luxembourg and the Netherlands have granted selective tax advantages to Fiat Finance and Trade and Starbucks, (...)

The EU Commission rules illegal two cross-border tax arrangements and orders recovery (Fiat / Starbucks)
Baker Botts (Washington)
United States 2 contributions 150 visits
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Baker Botts (Brussels)
Belgique 25 contributions 18140 visites
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Baker Botts (London)
United Kingdom 2 contributions 152 visits
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Last year, the European Commission opened formal EU State aid investigations into specific cross-border tax arrangements relied on by Apple (in Ireland), Starbucks (in the Netherlands), Fiat Finance and Trade, and Amazon (both in Luxembourg). On 21 October 2015, the Commission announced that (...)

The EU Commission reviews State aids concerns regarding funding of residential units in Ireland (Irish housing crisis)
University of Leiden
Belgium 1 contribution 358 visits
1.1 Factual background to complaint On 13 October 2015, the board of an Irish state agency, the National Asset Management Agency (‘NAMA’), announced the funding of 20,000 residential units by end of 2020 in response to the Irish housing crisis . NAMA, established in 2009 following the fall-out (...)

The EU Court of Justice rules on the temporal scope of secondary instruments applied to assess the compatibility of a State aid (Jørgen Andersen)
Maastricht University
Netherlands 1 contribution 840 visits
Case C-303/13 P European Commission v Jørgen Andersen* In this post I will analyse a particular aspect of State aid law: the temporal scope of secondary instruments applied to assess the aid’s compatibility. The case at hand deals in particular with Regulation (EEC) 1191/69, which originally (...)

Procedures

 The Turkish Court of Appeals decides that follow-on actions for damages are subject to a limitation period of eight years starting from the claimant’s application to the Competition Authority (Yargıtay)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 11794 visits
This case note analyses the judgment of the Turkish Court of Appeals in which it has decided that private actions for damages are subject to a limitation period of eight years, which begins when the claimant applies to the Turkish Competition Authority (TCA) prior to bringing a follow-on (...)

The Pakistani Competition Authority issues an opinion regarding the regulatory duty on imported steel billets
Competition Commission of Pakistan (Islamabad)
Pakistan 11 contributions 1575 visits
CCP issues policy note to federal government to rationalize regulatory duty on imported steel billets* ISLAMABAD, 8 OCTOBER 2015: The Competition Commission of Pakistan (CCP) has issued a Policy Note to the Federal Government recommending it to amend the Statutory Regulatory Order (SRO) (...)

The Austrian Supreme Court of Justice increases the fine against a food retailer after upholding an earlier finding of illegal pricing agreements relating to dairy products (Spar)
Van Bael & Bellis (Brussels)
Belgique 162 contributions 54619 visites
On 8 October 2015, the Austrian Supreme Court of Justice (the “Supreme Court”) increased the fine against Spar, a food retailer, from € 3 million to € 30 million after upholding an earlier finding of illegal pricing agreements relating to dairy products. On 26 November 2014, the Higher Regional (...)

The UK Parliament adopts the Consumer Rights Act to boost private enforcement of competition law
Norton Rose Fulbright (London)
United Kingdom 4 contributions 2042 visits
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Norton Rose Fulbright (London)
United Kingdom 2 contributions 543 visits
Introduction The Consumer Rights Act 2015 (the Act) will enter into force on October 1, 2015. It contains some significant reforms which aim to boost private enforcement of competition law in England and Wales and will increase the exposure of companies found to have infringed competition law (...)

The UK Parliament introduces reforms to facilitate private actions in antitrust cases
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 3 contributions 2680 visits
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 23 contributions 6893 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 10 contributions 2896 visites
UK Introduces Reforms to Facilitate Private Actions in Antitrust Cases From October 1, 2015, new rules will make it easier for claimants to pursue antitrust damages claims in the UK. These reforms, introduced under the Consumer Rights Act 2015 (the “Act”), are the final piece of the Government’s (...)

Regulatory

 The OECD holds a roundtable on links and drivers between competition and employment
OECD - Competition Division (Paris)
France 310 contributions 1251889 visites
Executive summary, by the Secretariat The OECD Secretary-General, Angel Gurría, opened the 14th Global Forum on Competition. Mr. Gurría emphasised the importance for policy makers of considering competition issues, including the impact of competition on employment, in light of the uncertain (...)

The OECD holds roundtable on competition and disruptive innovation in the financial markets
OECD - Competition Division (Paris)
France 310 contributions 1251889 visites
Competition delegates held a hearing on disruptive innovation in financial markets on 26 October 2015. This hearing examined selected financial market innovations, with a particular view to enhancing competition authority awareness of new and developing competitive alternatives. It focused on: (...)

The French Competition Authority issues a second opinion concerning the competitive impact of the switchover to free digital terrestrial television of several pay TV channels (LCI)
Autorité de la concurrence (Paris)
France 717 contributions 369242 visites
Under the new procedure initiated by the CSA, the Autorité de la concurrence has issued a second opinion concerning the competitive impact of the switchover to free DTT by the LCI, Paris Première and Planète + pay TV channels* The Autorité releases an opinion issued today to the CSA (French (...)

The German Competition Authority publishes discussion paper on internet platforms in merger control, contractual restrictions of competition and, abuse of dominance scenarios
Heinz & Zagrosek (Köln)
Germany 23 contributions 12951 visits
The FCO publishes discussion paper on internet platform markets* On October 1, 2015, the FCO published a paper entitled “Digital economy – internet platforms between competition law, privacy and consumer protection” on the occasion of a conference of the working group competition law (consisting (...)

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