October 2017

General antitrust

 The Court of Rome confirms that Russian-Roulette clauses can be included in shareholders’ agreements in order to solve deadlocks (Lamaro Appalti / Sviluppo Centro)
Portolano Cavallo (Milan)
Italy 2 contributions 121 visits
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Portolano Cavallo (Rome)
Italy 1 contribution 42 visits
A very well-structured decision from the Court of Rome confirmed that Russian-Roulette clauses can be included in shareholders’ agreements as a valid method to solve deadlocks. Generally speaking, Russian roulette clauses have been imported in Italy from the Anglo-American practice. Such (...)

Anticompetitive practices

 The Indian Competition Authority fines state association of chemists and issues advisory to pharmaceutical companies to cooperate in ceasing the practice of "No Objection Notices" (All Kerala Chemists & Druggists Association)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 visits
CCI issues advisory to Pharma companies while imposing penalty on All Kerala Chemists & Druggists Association and its office bearers* The Competition Commission of India vide its recent order dated 31.10.2017, while imposing penalty on the All Kerala Chemists & Druggists Association (...)

The Lithuanian Competition Council finds occasion wear shops to have engaged in cartel activity due to their imposition of fixed dress try-on fees for customers (Occasion wear shops cartel)
Lithuanian Competition Authority (Vilnius)
Lithuania 99 contributions 18381 visits
CARTEL AMONG OCCASION WEAR SHOPS RESULTED IN HIGHER PRICES FOR CONSUMERS* The Competition Council found a number of occasion wear shops operating in Vilnius guilty of a cartel that set a fixed dress try-on fee for customers. Firms received fines ranging from EUR 1 to EUR 1,960, with seven out (...)

The Lithuanian Competition Authority imposes fines on Italian-based supplier of bone regeneration products and its corresponding Lithuanian distributor for engaging in resale price maintenance (Tecnoss Dental / UAB Implamedica)
Lithuanian Competition Authority (Vilnius)
Lithuania 99 contributions 18381 visits
Competition Council fines supplier and Distributor of Bone Regeneration Products for Resale Price Maintenance* The Competition Council found the Italian-based supplier Tecnoss Dental and its Lithuanian distributor UAB Implamedica engaged in fixing minimum resale prices of bone regeneration (...)

The Indian Competition Authority requests 28 trade unions and associations in the film industry to "cease and desist" from anticompetitive conduct and reminds them that labor laws are not mutually exclusive with competition laws (All India Film Employee Confederation)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 visits
Competition Commission finds All India Film Employee Confederation and other parties in contravention of Section 3 of the Competition Act, 2002* The Competition Commission of India (CCI) vide its recent order dated October 31, 2017 has directed 25 trade unions and associations and their All (...)

The EU Court of Justice upholds General Court’s judgments in a cartel case (Pre-stressing steel)
Van Bael & Bellis (Brussels)
Belgium 379 contributions 88871 visits
On 26 October 2017, the Court of Justice of the European Union (“ECJ”) dismissed appeals in the pre-stressing steel cartel case brought by four Spanish manufacturers belonging to the Spanish Celsa group (Global Steel Wire, Moreda-Riviere Tre lerías, Tre lerías Quijano and Trenzas y Cables de (...)

The German Competition Authority launches a sector inquiry into online price comparison websites
German Competition Authority (Bonn)
Germany 422 contributions 106263 visits
Bundeskartellamt launches sector inquiry into comparison websites* The Bundeskartellamt has launched a sector inquiry into "online price comparison websites". Andreas Mundt, President of the Bundeskartellamt: "Every day millions of consumers gather information by using price comparison (...)

The EU General Court endorses selective distribution of spare parts for luxury watches (CEAHR)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54192 visits
On 23 October 2017, the General Court of the European Union (the “Court”) dismissed an action brought by Confédération européenne des associations d’horlogers-réparateurs (“CEAHR”) against the European Commission (the “Commission”) for the annulment of the Commission’s decision to reject a complaint (...)

The EU General Court holds that watch manufacturers are allowed to restrict the supply of watch parts only to approved repairers (CEAHR)
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 26987 visits
In July 2004, the European Confederation of Watch and Clock Repairers’ Association (“CEAHR”) led a complaint with the Commission arguing that there was (i) an agreement or a concerted practice between a number of luxury watch manufacturers and (ii) an abuse of dominant positionresulting from (...)

The French Competition Authority fines three undertakings and a trade association €302 million in a cartel case in the PVC and linoleum floor sector (Forbo / Gerflor / Tarkett / SFEC)
Van Bael & Bellis (Brussels)
Belgium 379 contributions 88871 visits
On 18 October 2017, the French Competition Authority (“FCA”) issued a decision imposing nes totalling € 302 million on three ooring companies (Forbo, Ger or and Tarkett) and a trade association (Syndicat Français des Enducteurs Calandreurs: the “SFEC”) for engaging in cartel activities between 1990 (...)

The French Competition Authority fines three leading manufacturers of PVC and linoleum floor covering for cartel (Tarkett)
French Competition Authority (Paris)
France 709 contributions 361733 visits
The Autorité has imposed sanctions totalling €302 million on the three leading manufacturers of PVC and linoleum floor covering, as a penalty for price fixing among other pratices.* Background Acting on information submitted by the Directorate General for Competition Policy, Consumer Affairs (...)

The French Competition Authority fines three undertakings for price fixing in the linoleum floor sector and changes its competition compliance policy (Forbo / Tarkett / Gerflor)
Clifford Chance (Paris)
France 28 contributions 9967 visits
Leading French PVC and linoleum floor covering manufacturers, Forbo, Tarkett - both leniency applicants - and Gerflor together with the sector’s trade association have been sanctioned by the French Competition Authority for having implemented anticompetitive practices over more than two decades. (...)

The French Competition Authority imposes a €302 m fine on three leading companies in the PVC and Linoleum floor coverings sector for price-fixing, sharing commercially sensitive information and signing a non-compete agreement on environmental performance advertising (Forbo / Gerflor / Tarkett / SFEC)
Franklin (Paris)
France 31 contributions 20526 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60884 visits
SIGNIFICANT FINE IMPOSED BY THE FRENCH COMPETITION AUTHORITY IN FLOOR COVERINGS CARTEL* On October 18, 2017, the French Competition Authority (the “FCA”) imposed a EUR 302 million fine on the three leading companies in the PVC and linoleum floor coverings sector; Forbo, Gerflor and Tarkett, as (...)

The German Federal Court of Justice quashes a decision which had ruled that minimum resale pricing did not result in an appreciable restriction of competition given its limited timeframe and scope (Almased Wellness)
Deutsche Bahn (Frankfurt)
6 contributions 1792 visits
In its judgment of 17 October 2017, the Federal Court of Justice (Bundesgerichtshof - “BGH” or the “Court”) quashed a decision taken by the Celle Higher Regional Court (Oberlandesgericht Celle – “OLG Celle”) in April 2016 which had ruled that minimum resale pricing did not result in an appreciable (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and bid rigging against 2 companies in the market for construction and electrification of new elevators due to lack of evidence (Maharashtra Industrial Development Corporation / Royal Power Trunkey Implements)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 visits
The Competition Commission of India dismisses allegations anti-competitive conduct* The CCI vide its order dated October 9, 2017, dismissed allegations of anticompetitive conduct against Maharashtra Industrial Development Corporation (OP 1) and Royal Power Trunkey Implements Private Limited (...)

The Indian Competition Authority fines 3 chemical companies for bid rigging in the market for water purification (Aditya Birla Chemicals / Grasim Industries / Gujarat Alkalis and Chemicals)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 visits
Competition Commission of India finds Grasim Industries and others indulging in anti-competitive practices* The Competition Commission of India ("CCI") vide its order dated 05.10.2017 has found Aditya Birla Chemicals (India) Limited (ABCIL), Grasim Industries Limited (GIL) and Gujarat Alkalis (...)

The Hellenic Competition Authority fines six undertakings active in the wholesale trade of luxury cosmetics for cartel (NOTOS com / ESTEE LAUDER HELLAS / P.N. GEROLYMATOS / L’ OREAL PRODUITS DE LUXE HELLAS / GR. SARANTIS / PARFUMS CHRISTIAN DIOR HELLAS)
Hellenic Competition Commission (Athens)
Greece 104 contributions 14424 visits
Prohibition of competition law by wholesalers of luxury cosmetics* Following an ex officio investigation, The Grand Chamber of the HCC decided, by majority vote regarding the number of the undertakings involved, that six undertakings active in the wholesale trade of luxury cosmetics (namely, (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against 2 professional film associations due to lack of evidence (Film Distributors Association / Kerala Film Producers Association)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 visits
The Competition Commission dismisses allegations of anti-competitive conduct against the Kerala Film Producers Association* The CCI vide its order dated October 3, 2017 dismissed allegations of contravention of Sections 3 and 4 of the Act.The Informant, P. V. Basheer, exhibits movies in his (...)

Unilateral Practices

 The Indian Competition Authority opens investigation into abuse of dominance by state housing developer (Gurgaon Institutional Welfare Association / Haryana Urban Development Authority)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 visits
CCI finds a prima facie case of abuse of dominance against HUDA* The CCI vide its order dated October 31, 2017 found a prima facie case of abuse of dominant position by Haryana Urban Development Authority “HUDA” (Opposite Party). The informant, Gurgaon Institutional Welfare Association, is a (...)

The Italian Competition Authority finds an abuse of dominant position in the single-wrapped ice cream market (Unilever Italia)
Giannino SI (Monserrato)
Italy 154 contributions 129479 visits
In the recent Unilever/Distribuzione Gelati case, the Italian Competition Authority (ICA) has dealt with the issue whether the commercial policies of the leading player in the ice cream impulse sector breached 102 TFEU. The conduct of the dominant firm, Unilever, consisted in a number of (...)

The Italian Competition Authority fines a company for abuse of dominance through rebates in the single-wrapped ice cream market (Unilever Italia)
University of Rome "La Sapienza"
Italy 3 contributions 1782 visits
On 6 December 2017, the Italian Competition Authority (“ICA”, “Autorità Garante della Concorrenza e del Mercato”, “AGCM”) sanctioned Unilever Italia Mkt. Operations S.r.l. (“Unilever”) for an abuse of dominant position in the Italian ice cream sector in breach of Article 102 TFUE. After a two-years (...)

The Moldovan Supreme Court of Justice quashes a Competition Authority’s decision regarding refusal to supply in the context of public procurement of pharmaceutical products (Esculap-Farm)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222973 visits
On 25 October 2017 the Supreme Court of Justice (SCJ) of the Republic of Moldova has quashed the decision issued by the Competition Council (CC) in a case concerning the refusal to supply pharmaceutical products purchased in the context of public procurement by public hospitals and other public (...)

The EU General Court issues a ruling on mandatory access and interoperability in the software industry (Contact Software)
Jones Day (Brussels)
Belgium 41 contributions 17285 visits
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Jones Day (Brussels)
Belgium 14 contributions 4484 visits
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Jones Day (Brussels)
Belgium 6 contributions 2579 visits
The European General Court’s ("GC") decision relates to a complaint filed with the European Commission ("EC") by Contact Software, a German software supplier of Product Data Management ("PDM"). Contact Software alleged an abuse of dominance by Dassault Systèmes and Parametric Technology Corp., as (...)

The Indian Competition Authority dismisses allegations of abuse of a dominant position against the largest national energy conglomerate (Tata Power Delhi Distribution / NTPC)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 visits
CCI dismisses allegations of abuse of dominance against NTPC -India’s largest energy conglomerate* The CCI vide its order dated 12.10.2017 has dismissed allegation of abuse of dominance and anti-competitive conduct against NTPC Limited, India’s largest public electricity generator (the Opposite (...)

The Moldovan Supreme Court of Justice upholds the NCA decision concerning refusal to supply in the context of public procurement of pharmaceutical products (Medeferent)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222973 visits
On 4 October 2017 the Supreme Court of Justice (SCJ) of the Republic of Moldova has upheld the decision issued by the Competition Council (CC) in a case concerning the refusal to supply pharmaceutical products purchased in the context of public procurement by public hospitals and other public (...)

The EU Commission fines the incumbent Lithuanian railway company for abuse of dominance on the rail freight market by dismantling part of the track (Baltic Rail)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525525 visits
Antitrust: Commission fines Lithuanian Railways €28 million for hindering competition on rail freight market* The European Commission has fined Lithuanian Railways (Lietuvos geležinkeliai) an amount of €27 873 000 for hindering competition on the rail freight market, in breach of EU antitrust (...)

The EU Commission fines the incumbent Lithuanian railway company €28 million for abuse of dominance (Baltic Rail)
European Commission - DG COMP (Brussels)
Belgium 2 contributions 1976 visits
On 2 October 2017 the European Commission adopted its decision in the Baltic Rail case finding that the Lithuanian railways company, Lietuvos geležinkeliai (’LG’) abused its dominant position. The extraordinary circumstances of the case prompted one commentator to wonder whether this is ’the most (...)

Mergers

 The Hellenic Competition Authority clears the acquisition in the media investment sector (Epsilon / Dimera)
Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1788 visits
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Kyriakides Georgopoulos (Athens)
Greece 28 contributions 753 visits
Media: DIMERA/ EPSILON TV (HCC 652/2017) In November 2017, the HCC, in plenum, unanimously cleared the acquisition of sole control over ‘EPSILON TV’ (owned by RADIOTILEOPTIKI S.A.) by DIMERA Media Investments Ltd. The postmerger market shares of Dimera would not reach levels of dominance neither (...)

The Spanish Supreme Court dismisses appeals by mobile operators and rules that the acquisition should have been notified for merger control (Orange / Simyo)
Callol, Coca & Asociados (Madrid)
Spain 161 contributions 43529 visits
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Callol, Coca & Asociados (Madrid)
Spain 43 contributions 2720 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 21404 visits
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On 23 July 2013, the NMCC found France Telecom España, S.A.U. (Orange) guilty for having failed to notify for merger control the acquisition of the exclusive control of KPN Spain, S.L.U. (SIMYO). Spanish law states that concentrations that meet either one of the (turnover and market share) (...)

The German Competition Authority publishes a draft on a new merger control notification threshold based on transaction value
Norton Rose Fulbright (Brussels)
Belgium 26 contributions 21352 visits
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Covington & Burling (Brussels)
Belgium 27 contributions 11878 visits
On July 1, 2016, the German Federal Ministry of Economic Affairs and Energy published a proposed draft amendment to the German Act against Restraints of Competition, which would introduce a new merger control notification threshold based on transaction value. The draft (i) introduces a new (...)

The EU General Court annuls a Commission’s conditional merger clearance in the audiovisual sector (Liberty Global / Ziggo)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 69977 visits
On 26 October 2017, the General Court annulled the European Commission’s conditional merger clearance decision in Liberty Global/Ziggo. The Commission had approved the acquisition of Ziggo by Dutch rival cable TV operator Liberty Global in 2014, subject to extensive conditions including the (...)

The EU General Court dismisses an appeal against a Commission decision for implementing acquisition of sole control without first obtaining approval under the EU Merger Regulation (Marine Harvest / Morpol)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 69977 visits
On 26 October 2017, the General Court dismissed an appeal by Marine Harvest against a € 20 million fine imposed on it by the Commission for implementing its acquisition of sole control over Morpol without rst obtaining approval under the EU Merger Regulation (see VBB on Competition Law, Volume (...)

The EU General Court orders fresh review of a merger (Liberty Global / Ziggo)
Dechert (Brussels)
Belgium 24 contributions 31692 visits
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Dechert (Brussels)
Belgium 1 contribution 351 visits
The EU lower court has overturned a 2014 merger clearance by the European Commission (EC) following an appeal by a third party. Overturning the clearance does not mean that the deal is now prohibited. Instead, the case goes back to the EC, and the parties have to re-notify. At best this is (...)

The Turkish Competition Authority conditionally approves an acquisition of sole control in the market for passive hydraulic actuators, subject to the commitments submitted before the European Commission (Valeo / FTE)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69617 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 3980 visits
This case summary concerns an analysis of the Board’s Valeo/FTE Group decision, pertaining to the acquisition of sole control over FTE Group Holding GmbH (“FTE Group”) by Valeo Holding GmbH (“Valeo Germany”). The Board resolved that the transaction would result in a horizontally affected market in (...)

The EU General Court confirms the EU Commission’s decision of imposing a €20 m fine on a seafood company for gun jumping (Marine Harvest)
Eversheds Sutherland (Düsseldorf)
Germany 2 contributions 317 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60884 visits
This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. BEWARE OF "GUN JUMPING": EU COURT UPHOLDS EUR 20 MILLION FINE IMPOSED ON NORWEGIAN SEAFOOD COMPANY* Between 2012 and 2013, Marine Harvest ASA (“Marine Harvest”), (...)

The EU General Court sets aside the Commission’s approval decision of a merger in the market for television and telecommunication services (Liberty Global / Ziggo)
Giannino SI (Monserrato)
Italy 154 contributions 129479 visits
By the judgment recently rendered in the KPN/Commission case , the General Court of the EU (GC) has quashed the decision previously made by the European Commission by which it gave a conditional go-ahead to the Ziggo acquisition by Liberty Global. The appeal was filed by a competitor of the (...)

The French Competition Authority clears a merger in the cured meat sector (Cooperl Arc Atlantique / Financière Turenne Lafayette)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 69977 visits
On 23 October 2017, the French Competition Authority (“FCA”) cleared Cooperl Arc Atlantique’s acquisition of control of the cured meat division of Financière Turenne Lafayette. The FCA granted a derogation on 24 May 2017 to allow the buyer to acquire control of the target company prior to FCA (...)

The Hellenic Competition Authority clears an acquisition of joint control over a dairy milk company subject to commitments (Delta Foods / Mevgal)
Prentoulis Gerakini Law Partnership (Athens)
Greece 6 contributions 2488 visits
Under its decision No. 650/2017 the Hellenic Competition Commission (HCC) approved the acquisition of joint control of Mevgal SA by Delta Food SA and members of the Hatzakou family. Delta Food S.A., member of the Vivartia Group of companies, produces and distributes dairy products such as, (...)

The Supreme Administrative Court of Lithuania forces a company to submit a merger filing in the ticket distribution market (Baltic Ticket / Nacionalinis bilietų platintojas)
Lithuanian Competition Authority (Vilnius)
Lithuania 99 contributions 18381 visits
Ticket distributors failed to suspend merger control procedure* The Supreme Administrative Court of Lithuania (Court) concluded that the company Baltic Ticket Holdings which acquired UAB Nacionalinis bilietų platintojas shall submit a merger filing to the Competition Council which started (...)

The Lithuanian Competition Authority clears the acquisition of a company in the food retail sector (RIMI / PALINK)
Lithuanian Competition Authority (Vilnius)
Lithuania 99 contributions 18381 visits
Competition Council cleared acquisition of 100 per cent of Palink shares by Rimi Lietuva subject to conditions* On October 18 the Competition Council cleared the acquisition of 100 per cent of UAB Palink (PALINK) shares and control by UAB Rimi Lietuva (RIMI) on condition that RIMI will sell (...)

The EU Commission clears a merger subject to remedies on the market of medical devices (Bard / BD)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525525 visits
Mergers: Commission approves acquisition of Bard by BD, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Bard by BD. Both companies supply medical devices. The decision is conditional on the divestment of BD’s core needle biopsy (...)

The Hellenic Competition Authority clears a joint venture in the dairy products sector (Mevgal)
Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1788 visits
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Kyriakides Georgopoulos (Athens)
Greece 28 contributions 753 visits
Joint Venture for Dairy products: Clearance of the MEVGAL acquisition in Phase II (HCC 650/2017) DELTA FOODS S.A. and MEVGAL S.A. are two of the largest producers of dairy products in Greece. The acquisition of joint control over MEVGAL by DELTA and members of the Hatzakos family, was deemed a (...)

The UK Government proposes greater intervention in national security and infrastructure mergers
Cleary Gottlieb Steen & Hamilton
United Kingdom 38 contributions 32867 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 32 contributions 35140 visits
On October 17, 2017, the UK Government published legislative proposals that would give it greater powers to intervene in mergers that raise national security considerations or involve national infrastructure. In the short-term, any transaction involving a party active in the manufacture or (...)

The UK Government publishes its green paper for consultation containing proposals to extend the national merger control public interest intervention regime
Herbert Smith Freehills (London)
United Kingdom 1 contribution 55 visits
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Herbert Smith Freehills (London)
United Kingdom 9 contributions 1437 visits
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Herbert Smith Freehills (London)
United Kingdom 19 contributions 7595 visits
On 17 October 2017 the Department for Business, Energy & Industrial Strategy (BEIS) published its long-awaited Green Paper National Security and Infrastructure Investment Review for consultation. The Green Paper contains proposals to extend the UK merger control public interest intervention (...)

The EU Commission clears a merger subject to remedies on the market of automotive equipment (FTE / Valeo)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525525 visits
Mergers: Commission clears acquisition of FTE by Valeo, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of FTE by Valeo, both automotive equipment suppliers. The decision is conditional on the divestment of Valeo’s passive (...)

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision to block a merger between malt producers (Viking Malt)
Lithuanian Competition Authority (Vilnius)
Lithuania 99 contributions 18381 visits
Supreme Administrative Court of Lithuania: Competition Council legitimately blocked merger between malt producers* The Supreme Administrative Court of Lithuania (Court) upheld the Competition Council’s decision, according to which the Council prohibited the acquisition of 100 per cent of (...)

The Irish Competition Authority affirms that non-compete clauses are permitted only when they are appropriately limited in accordance with the rules (Sean Loughnane / Crinkle)
Matheson (Dublin)
Ireland 10 contributions 647 visits
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Matheson (Dublin)
Ireland 5 contributions 1357 visits
Non-compete clauses can provide important protection for purchasers who have a legitimate interest in maintaining the value of the business they are acquiring. However, careful consideration must be given to the drafting of non-compete clauses in order to avoid allegations of anti-competitive (...)

State Aid

 The EU Commission opens a State aid investigation concerning the UK’s controlled foreign company rules
Herbert Smith Freehills (London)
United Kingdom 1 contribution 44 visits
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Herbert Smith Freehills (London)
United Kingdom 1 contribution 44 visits
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Herbert Smith Freehills (Brussels)
Belgium 8 contributions 1997 visits
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On 26 October 2017 the European Commission announced that it had opened a State aid investigation in relation to the UK’s Controlled Foreign Company (CFC) rules and specifically, the group financing exemption under the rules. Should the Commission conclude that the group financing exemption (...)

The EU Commission opens an in-depth investigation into UK statutory rules exempting some financing incomes earned by foreign subsidiaries
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 10 contributions 3334 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 4 contributions 823 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 74 contributions 54371 visits
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On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax. The Commission’s investigation will focus on whether the UK Controlled (...)

The EU Court of Justice issues a ruling clarifying the conditions under which an existing state aid measure can be transformed into a new one (Italian milk quota)
Maastricht University
Belgium 320 contributions 56238 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 Finnish measures which benefited a pharmacy are not State aid because they were an exercise of regulatory functions for which a fee does not have to be demanded (Yliopiston Apteekki Oy)
Maastricht University
Belgium 320 contributions 56238 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 French Administrative Supreme Court rules that orders to recover aid following a decision by the EU Commission should also include repayment of interest (Vent de Colère)
Baker McKenzie (Paris)
France 11 contributions 3700 visits
The Conseil d’Etat (Council of State) had, in a decision of 28 May 2014 taken after a preliminary reference to the Court of Justice of the European Union, annulled various ministerial orders setting the conditions for the purchase of electricity produced by wind power installations, on the (...)

The EU Commission concludes that Luxembourg has granted undue tax benefits to an e-commerce company (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525525 visits
State aid: Commission finds Luxembourg gave illegal tax benefits to Amazon worth around €250 million* The European Commission has concluded that Luxembourg granted undue tax benefits to Amazon of around €250 million. This is illegal under EU State aid rules because it allowed Amazon to pay (...)

The EU Commission refers Ireland before the Court of justice for failure to recover illegal tax benefits from a US Big Tech company (Apple)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525525 visits
State aid: Commission refers Ireland to Court for failure to recover illegal tax benefits from Apple worth up to €13 billion* The European Commission has decided to refer Ireland to the European Court of Justice for failing to recover from Apple illegal State aid worth up to €13 billion, as (...)

The EU Commission orders Luxembourg to recover illegal tax benefits worth €250 million (Amazon)
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 26987 visits
The European Commission has found that Luxembourg granted undue tax benefits to Amazon worth around €250 million. These benefits allowed Amazon to pay four times less taxes than other companies Luxembourg is now required to recover the amount that Amazon should have paid. This decision follows (...)

The EU Commission highlights the distinction between indirect and secondary effects of a State aid in a case regarding regional airports (Sardinia Airports)
Maastricht University
Belgium 320 contributions 56238 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 German Parliament approves statutory amendments addressing private competition enforcement
Hausfeld (Berlin)
Germany 10 contributions 2852 visits
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Hausfeld (Berlin)
Germany 4 contributions 759 visits
Both houses of German parliament, the German Bundesrat (German Federal Council) and the Bundestag (German House of Representatives), have finally approved the long-awaited ninth amendment to the Act against Restraints of Competition, which in particular addresses private antitrust enforcement (...)

The EU Court of Justice rules the prohibition on selling at a loss laid down by Spanish legislation relating to retail commerce contrary to EU law (Europamur Alimentación)
CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3051 visits
In the context of a preliminary ruling, the European Court of Justice (“ECJ”) concluded, through judgement of 19 October 2017 (Case C-295/16, Europamur Alimentación, S.A.), that the prohibition on selling at a loss (or sale at a loss) stated in Article 14 of Law 7/1996, regulating retail commerce (...)

The Moldovan Competition Authority fines three companies for failure to submit to an on-site inspection (Cifroteh / Interacces-M / Glamis)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222973 visits
On 16 October 2017 the Competition Council (CC) fined three undertakings for the failure to submit to an on-site inspection and providing false or misleading information to the representatives of the CC thus obstructing the ongoing investigation. The Competition Law authorizes the CC to carry (...)

The UK High Court renders a judgment significantly restricting the temporal scope of the claims in four air cargo cartel damages actions (Emerald Supplies)
Shearman & Sterling (Brussels)
Belgium 20 contributions 8595 visits
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United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 12 contributions 12796 visits
On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ claims in four air cargo cartel damages actions. This judgment is the last in a series of adverse judgments for the claimants in these proceedings. Background (...)

Regulatory

 The Polynesian Competition Authority issues an opinion on the functioning of the telecommunication services
French Polynesian Competition Authority (Papeete)
French Polynesia 3 contributions 392 visits
Opinion n°2017-A-02 dated September the 22th 2017 dealing with the requests from Viti and Pacific Mobile Telecom companies for prior administrative authorizations required to provide telecommunications services to the public in French Polynesia* In response to requests from Viti and Pacific (...)

The German Competition Authority publishes a paper on "Big Data and Competition" as Big Data and digital markets remain in the focus of EU competition authorities
Hogan Lovells (Brussels)
Belgium 18 contributions 8209 visits
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Hogan Lovells (Munich)
Germany 30 contributions 22775 visits
I. Introduction On 6 October, the German Federal Cartel Office (’FCO’) launched its new series of papers on ’Competition and Consumer Protection in the Digital Economy’. The first paper deals with ’Big Data and Competition’. The same day, a ’real-life example’ of competition enforcement in Big Data (...)

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