October 2018

General antitrust

 The US FTC holds two panels examining antitrust issues in labor markets as part of its hearings on competition and consumer protection in the 21st century
Analysis Group (Boston)
United States 2 contributions 2269 visits
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Analysis Group (Boston)
United States 1 contribution 101 visits
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Analysis Group (Boston)
United States 1 contribution 101 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Over the past few years, antitrust issues in labor markets have emerged as a focal point in regulatory enforcement. In October 2016, following a series of (...)

The US Congress implements a law requiring drug manufacturers to disclose biologic patent settlement agreements to antitrust Authorities
Jones Day (Washington)
United States 2 contributions 462 visits
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Jones Day (Washington)
United States 2 contributions 462 visits
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Jones Day (Washington)
United States 7 contributions 2097 visits
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New Law Requires Disclosure of Biologic Patent Settlement Agreements to Antitrust Authorities* Last week, the Patient Right to Know Drug Prices Act ("Act") became law. The Act requires pharmaceutical companies to disclose to antitrust agencies agreements between biologic and biosimilar (...)

Anticompetitive practices

 The EU Commission issues a report on the application of competition rules in the agricultural sector
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814813 visits
Competition/Agriculture: Commission publishes report on application of competition rules in the agricultural sector* The European Commission has published the first report on the application of competition rules in the agricultural sector. The report shows that the work of European (...)

The Turkish Competition Authority announces the conclusion of its preliminary inquiry and finds no price fixing in the baby food products market (Numil / Nestlé / Montero / Kopas / Hipp / Hero / Abbott)
ACTECON (Istanbul)
Turkey 12 contributions 4213 visits
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ACTECON (Istanbul)
Turkey 27 contributions 9500 visits
Introduction In February 2019, the Turkish Competition Authority (“TCA”) released the public version of its decision with regard to its preliminary inquiry against the undertakings producing and/or selling baby food products. Contrary to the price fixing allegations, the TCA found that the (...)

The Tyumen Regional Arbitration Court confirms the decision of the Russian Competition Authority regarding a cartel involving two manufacturers of soil heat stabilizers (Konar / Fundamentstroiarkos)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55705 visits
Court confirmed a cartel at “Transneft” auction* Manufacturers of soil heat stabilizers agreed about auction behaviour to win contracts at the highest price The total revenues of the violators from selling the anticompetitive agreement exceeded 15 billion RUB. Tyumen OFAS proved the cartel (...)

The US Congress expands requirements for pharmaceutical companies to file agreements with the FTC and DOJ
Covington & Burling (Washington)
United States 1 contribution 52 visits
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Covington & Burling (Washington)
United States 2 contributions 124 visits
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Covington & Burling (Washington)
United States 1 contribution 52 visits
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What occurred and why does it matter? President Trump on October 24 signed the SUPPORT for Patients and Communities Act (H.R. 6), which together with the Patient Right to Know Drug Prices Act (S. 2554), signed October 10, expands the scope of pharmaceutical product-related agreements subject (...)

The French Competition Authority imposes a fine of €7 million on an outdoor power tool manufacturer for de facto online sales restrictions (Stihl)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56513 visits
On 24 October 2018, the French competition authority (the “FCA”) fined Stihl, a German manufacturer of outdoor power tools, € 7 million for, in effect, prohibiting online sales of chainsaws, brush cutters, pole saws and electric pruners. Stihl operated a selective distribution system, under (...)

The EU Court of Justice distinguishes jurisdiction clauses in the context of cartel and of abuse of a dominant position claims (eBizcuss.com / Apple)
ICC France (Paris)
France 37 contributions 9123 visits
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Hogan Lovells (Paris)
France 24 contributions 6297 visites
Brief summary of facts eBizcuss became an Apple authorized reseller in 2002 pursuant to an agreement which included the following jurisdiction clause: “This Agreement and the corresponding relationship between the parties shall be governed by and construed in accordance with the laws of the (...)

The EU Court of Justice decides that the three years of maximum exclusion for cartel members from public tenders start to run with the decision of the investigating antitrust authority (Vossloh Laeis / Stadtwerke München)
Noerr (Berlin)
Germany 1 contribution 208 visits
Exclusion of Cartel Members from Public Tenders – ECJ to Clarify Key Issues* Sanctions for participating in cartels are manifold: fines and damages are feared foremost, followed by reputation losses. Another painful consequence is often overlooked at first glance: exclusion from public (...)

The French Competition Authority fines a manufacturer for preventing its authorized distributors from selling its products online by implementing the Coty ruling (Stihl)
French Competition Authority (Paris)
France 741 contributions 394377 visits
Online retail of outdoor power equipment* The Autorité de la concurrence fines the manufacturer Stihl 7 million euros for having prevented its authorized distributors from selling its products online Background Following an investigative report from the DGCCRF, the Autorité de la (...)

The Hellenic Competition Authority decides that companies in the market of electrical installations were participating in horizontal agreements by fixing minimum or fixed fees (National Federation of electricians’ unions)
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2252 visites
HCC / SECTION OF ELECTRICAL INSTALLATION MARKET HCC (670/2018) I. HCC decided in Plenum, in a clear majority open vote, under the simplified settlement procedure of Article 25a of Law 3959/2011, in light of its formal Decision under No 628/2016 , that the Secondary Federation of (...)

The UK Competition Authority launches a new campaign "Stop Cartels" to educate businesses about anticompetitive practices and encourage leniency
MemeryCrystal (London)
États-Unis 12 contributions 2970 visites
COMPETITION & MARKETS AUTHORITY GETS TOUGH ON CARTELS* On 22 October 2018, the UK’s Competition and Markets Authority (CMA) announced that it had launched a new “Stop Cartels” campaign to educate businesses about anti-competitive practices and encourage people to come forward if they (...)

The Australian High Court dismisses the Competition Authority’s leave to appeal against a first instance decision finding no anticompetitive exclusive dealing in a pharmaceutical company’s sales and distribution (Pfizer)
Herbert Smith Freehills (Sydney)
Australia 1 contribution 60 visits
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Herbert Smith Freehills (Melbourne)
Australia 1 contribution 60 visits
We have previously published an update on the Full Court decision in ACCC v Pfizer, where the Full Court dismissed an appeal by the ACCC, upholding a first instance decision that Pfizer had not misused its market power or engaged in prohibited anti-competitive exclusive dealing in its sales (...)

The Botswana Competition Authority rejects an exemption application brought by two fast moving consumer good companies (Choppies / Payless)
Primerio (Washington)
États-Unis 47 contributions 10403 visites
BOTSWANA COMPETITION AUTHORITY: EXCEPTION APPLICATION BACKFIRES FOR CHOPPIES-PAYLESS BUYING GROUP* The Competition Authority of Botswana (CA) rejected an exemption application brought by two FMCG players. The applicants, Choppies Distribution Centre and Payless Supermarkets, sought to (...)

The Czech Regional Court validates the legality of two dawn raids conducted by the Competition Authority that led to the discovery of cartels (AV MEDIA)
Skils (Prague)
Czech Republic 34 contributions 25971 visits
Regional Court in Brno (RCB) dealt with two claims by AV MEDIA, a.s. challenging dawn raids conducted by the Czech Office for Protection of Competition (Office) at its premises in March and April 2018. The RCB found both dawn raids lawful and rejected both claims. Summary of Proceedings (...)

The Turkish Administrative Law Chambers reverses the decision of the 13th Chamber of the Council of State which annulled the Competition Authority’s decision that imposed a fine on an interurban passenger bus transportation service for restriction of competition agreements and predatory pricing (Metro Turizim)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4465 visits
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ACTECON (Istanbul)
Turkey 23 contributions 3929 visits
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Istanbul Bilgi University
Turkey 2 contributions 37 visits
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On October 15, 2018, the Plenary Session of the Administrative Law Chamber of the Council of State ("PSALC") reversed the decision of the 13th Chamber of the Council of State, which annulled the Turkish Competition Authority’s ("TCA") decision by which the TCA imposed a fine on Metro Turizm (...)

The German Federal Court of Justice annuls four judgments on fine calculation in the gas sector (Gas cartel case)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92541 visits
On 9 October 2018, the German Federal Court of Justice annulled four judgments of the Higher Regional Court of Düsseldorf with regard to the amount of fines imposed in the liquefied gas cartel case. The Federal Court of Justice remitted the case to the lower court as regards the calculation of (...)

The Russian Competition Authority’s Appeal Board dismisses the decision by its Regional Office in Sverdlovsk ordering a leniency applicant to return unlawfully gained income (Krust)
ALRUD (Moscow)
Russia 2 contributions 411 visits
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ALRUD (Moscow)
Russia 1 contribution 137 visits
Unprecedented Russian Law Enforcement: Obligation to Return Unlawfully Gained Income When Using a Leniency Program* The Regional office of the Federal Antimonopoly Service of the Sverdlovsk region has recently issued a decision ordering a leniency applicant to return unlawfully gained (...)

The UK High Court of Justice rejects methodology for estimating overcharges on cables based on economic evidence (BritNed / ABB)
The Brattle Group (London)
United Kingdom 2 contributions 686 visits
ABSTRACT In the first cartel overcharge claim brought in the English High Court, the claimant’s methodology for estimating ABB overcharges on the BritNed cable was comprehensively rejected. The Court concluded that the claimant’s econometric analysis was insufficiently grounded in facts and (...)

The UK High Court of Justice rejects econometrics analysis in a cartel damages case for being too complex (BritNed / ABB)
University of Buckingham
United Kingdom 4 contributions 2012 visits
BritNed Development Ltd v. ABB AB and ABB Ltd [2018] EWHC 2616 (Ch). (“BritNed”) is the first English cartel damage judgment and the first to consider an econometric approach to calculating overcharges. The court rejected the claimant’s econometric analysis as ‘too complex’ and “unspecific”. (...)

The UK High Court delivers its first follow-on cartel damages case judgment in the electricity interconnected cable market (BritNed / ABB)
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 127 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 127 visits
The High Court has delivered its decision in the claim brought by BritNed Development Limited (BritNed) against ABB AB and ABB Ltd (together ABB). The case is significant as it is the first cartel damages claim to reach final judgment in the English courts. BritNed alleged that it suffered (...)

The French Competition Authority fines a wholesaler-importer and its parent company for continuing to implement exclusive import agreements overseas after the Lurel Act came into force (General Import)
French Competition Authority (Paris)
France 741 contributions 394377 visits
Exclusive distribution of consumer goods in Wallis-and-Futuna* The Autorité de la concurrence has fined the wholesaler-importer General Import its parent company for continuing to implement exclusive import agreements, after the Lurel Act came into force. The "Lurel Act" has banned any (...)

The UK Competition Authority publishes a study into pricing algorithms and whether they could be used to support illegal practices
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95281 visits
Algorithm research builds on work in digital markets* The CMA has published a study into pricing algorithms and whether they could be used to support illegal practices. The research increases the CMA’s expertise at a time of widespread scrutiny of pricing algorithms and how they interact (...)

The Spanish Competition Authority examines possible price-fixing and other vertical restrictions in the animal health products market (Medicamentos Veterinarios)
CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3219 visits
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CMS Albiñana y Suárez de Lezo (Madrid)
Spain 2 contributions 441 visits
Background On 16 September 2014, the National Association for Animal Health (“ASEMAZ-ASA”) filed a complaint before the Spanish Competition Authority (“CNMC”) against several companies active in the animal health products market (“the Companies”) for alleged anti-competitive practices in (...)

The Slovak Competition Authority fines companies for bid-rigging in the construction sector (Drienovecké / Drienovec)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5550 visits
CARTELS: AMO SR imposed fines for cartel agreement between undertakings in the field of constructing industry* On 5 October 2018 the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter "the Office") issued a decision imposing fines totalling EUR 307 546 on the (...)

The South African Competition Tribunal rejects a tender collusion allegation on the basis that the tender was a sham (Geometry / Vaxiprox)
Anheuser-Busch InBev (Leuven)
Belgium 4 contributions 3136 visits
The Competition Commission of South Africa (the Commission) sought an order from the Competition Tribunal of South Africa (the Tribunal) declaring that two brand activation companies (Geometry Global (Pty) Ltd (Geometry) and Vaxiprox (Pty) Ltd (Vaxiprox)) had colluded on a tender issued by a (...)

The French Competition Authority issues an opinion regarding competition in the building materials markets in Mayotte and La Réunion
French Competition Authority (Paris)
France 741 contributions 394377 visits
Building materials in La Réunion and Mayotte* Finding major price discrepancies with Mainland France, the Autorité is issuing an opinion to the government, in which it makes several recommendations As part of the fight against high living costs, the French Minister for Economy and Finance (...)

The Higher Regional Court of Düsseldorf fines sausage manufacturer over € 6.5 million for cartel participation (Franz Wiltmann)
Blomstein (Berlin)
Germany 16 contributions 43904 visits
The Düsseldorf Higher Regional Court (Oberlandesgericht) imposed a fine of 6.5 million Euros on sausage manufacturer Franz Wiltmann and a fine of 350,000 Euros on a manager of the company for price fixing with other sausage producers. Agreement on the timing of price increases According to (...)

Unilateral Practices

 The UK Court of Appeal upholds a decision qualifying an essential patent offer to be FRAND (Unwired Planet / Huawei)
Jindal Global University (Sonipat)
India 4 contributions 1441 visits
UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION* Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs). Of particular significance, the Court of Appeal upheld the finding that the defendant, an implementer of (...)

The Spanish Competition Authority fines a company for an abuse of dominance in the cemetery services market (Cementerios de Leganés)
European Commission - DG COMP (Brussels)
Belgique 45 contributions 20610 visites
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Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 28526 visites
Background In December 1996, Servicios Funerarios Funemadrid, S.A. (“FUNEMADRID”) was granted with the concession to build and exploit the public municipal cemetery of Leganés, a city located in the Region of Madrid, for a 49-year period. The concession contract established that FUNEMADRID (...)

The Turkish Competition Authority fines an online platform service provider for excessive pricing (Sahibinden.com)
Boğaziçi University (Istanbul)
Turkey 7 contributions 2209 visits
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ACTECON (Istanbul)
Turkey 12 contributions 4213 visits
The Turkish Competition Authority (“TCA”) fined Sahibinden.com (online platform service provider) approx. EUR 1,525,801 for excessive pricing. The TCA initiated two full-fledged investigations against Sahibinden.com back in 2017. Consequently, the TCA concluded on 1 October 2018 that (...)

The Turkish Competition Authority finds that a real estate and vehicle sales online platform abused its dominant position through implementing excessive prices (Sahibinden.com)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 11 contributions 2793 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81033 visits
This case note analyses the Turkish Competition Board’s (“Board”) recently published Sahibinden.com decision of October 1st, 2018 numbered 18-36/584-285 in which the Board assessed whether Sahibinden Bilgi Teknolojileri Paz. ve Tic. A.Ş. (“Sahibinden.com”) –an online platform which acts as an (...)

The Turkish Court of Ankara annuls a decision of the Competition Authority which contains controversial issues such as market power provided by digital platforms and excessive pricing (Sahibinden.com)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75776 visits
Introduction Decision numbered 2019/946 E., 2019/2625 K. of the 6 th Administrative Court of Ankara (“Annulment Decision”) is critical since it has annulled the Competition Authority's (“Authority”) Sahibinden.com Decision numbered 18-36/584-285 and dated 01.10.2018 (“Sahibinden (...)

Mergers

 The EU Commission opens an in-depth investigation related to a merger on the steel supply market (Tata Steel / ThyssenKrupp)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814813 visits
Mergers: Commission opens in-depth investigation into new joint venture proposed by steel suppliers Tata Steel and ThyssenKrupp* The European Commission has opened an in-depth investigation to assess the proposed creation of a joint venture by Tata Steel and ThyssenKrupp, under the EU Merger (...)

The EU Commission clears a merger subject to remedies in the market of dietetic pet food sold by veterinarians (Mars / AniCura)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814813 visits
Mergers: Commission approves Mars’ acquisition of AniCura, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of AniCura, a veterinary clinic chain, by Mars, a supplier of pet food, including dietetic pet food. The approval is (...)

The Latvian Competition Authority fines a fuel retailer that submitted notification ten months after implementing a merger transaction for gun-jumping (Petrol Property / Vaizga)
Latvian Competition Council (Riga)
Latvia 122 contributions 23761 visits
Latvian competition authority fines Lithuanian company UAB Vaizga for unnotified merger* On April, 2018, the Competition Council of Latvia (the CC) cleared the proposed acquisition of Latvian company SIA Petrol Property by UAB Vaizga. As the Lithuanian UAB Vaizga failed to submit merger (...)

The Egyptian Competition Authority imposes interim measures on the two ride-hailing applications available in Egypt to preserve the competitive structure of the market (Uber / Careem)
Egyptian Competition Authority (Cairo)
Egypt 5 contributions 1596 visits
Egyptian Competition Authority (ECA) imposes Measures on Uber and Careem to regulate competition between them and safeguard the competitive structure of the market.
* Dr. Amir Nabil, Chairman of the Egyptian Competition Authority, said: “Uber and Careem are the only ride-hailing (...)

The EU Commission clears a merger in the market of software development (Microsoft / Github)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814813 visits
Mergers: Commission approves acquisition of GitHub by Microsoft* The European Commission has approved under the EU Merger Regulation the proposed acquisition of GitHub by Microsoft. The Commission concluded that effective competition in the relevant markets would continue and Microsoft would (...)

The Irish Parliament approves the new legislation substantially increasing the financial thresholds for mandatory notification of transactions
An Post (Dublin)
10 contributions 743 visits
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Matheson (Dublin)
Ireland 13 contributions 1401 visits
On 18 October, the Houses of the Oireachtas (the Irish Parliament) approved legislation (SI No 388/2018) increasing substantially the financial thresholds at and above which mandatory notification of a transaction is required to the Competition and Consumer Protection Commission (CCPC) in (...)

The Turkish Competition Authority does not fine the notifying party for providing misleading information and approves the acquisition (Jacobs Group / Kasap Family / Jacobs TR)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81033 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 24 contributions 4792 visits
This case summary concerns an analysis of the Board’s Jacobs decision, in which the Board evaluated the notification submitted by Jacobs TR, regarding the transaction by and between Jacobs Group, Kasap Family and Jacobs TR, a wholly owned subsidiary of Jacobs Group, which intended to acquire (...)

The Turkish Competition Authority examines whether false or misleading information in relation to a joint venture control, justifying the imposition of a fine, constitutes a competition infringement in the context of merger filings (Jacobs Turkey / Of Çaysan)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4465 visits
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ACTECON (Istanbul)
Turkey 23 contributions 3929 visits
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DPO Consultancy (‘s-Hertogenbosch)
Netherlands 4 contributions 673 visits
The Turkish Competition Authority ("TCA") has cleared a transaction concerning the creation of a joint venture between "Jacobs Turkey" and Turkish tea producer "Of Çaysan" through its decision dated 17.10.2018 and numbered 18-39/632-307. Although the merits of the case are not of much (...)

The Turkish Competition Authority assesses the creation of two separate joint ventures by four companies and decides that it is necessary for a merger control review to be completed (GE / Sumitomo / Shikoku / Sharjah / Projectco / O&MCO)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81033 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 11 contributions 2793 visits
The Turkish Competition Board (" Board ") assessed the creation of two separate JVs by General Electric Company (" GE "), Sumitomo Corporation (" Sumitomo "), Shikoku Electric (" Shikoku "), and Sharjah Asset Management Holding (“ Sharjah ”) for the wholesale trade of electric and the (...)

The Mexican Competition Authority accepts commitments by pharmaceutical companies to restore competition in the pharma market (Moench Coöperatif / Luis Doporto Alejandre)
Ritch Mueller (Mexico City)
Mexico 6 contributions 1513 visits
Through a decision issued by the plenary session of Cofece on August 13, 2015 on case file CNT-074-2015 (the ’Decision’), the Mexican antitrust authority decided to unconditionally clear the acquisition, by Dutch fund Moench Coöperatif of a major pharmaceutical distributor in Mexico, Marzam. (...)

The Irish Competition Authority announces that merger notification thresholds will be revised from 1 January 2019
Irish Competition Authority (Dublin)
Ireland 102 contributions 16051 visits
Revised Merger Notification Thresholds* Following a public consultation reviewing certain provisions of the Competition Act 2002, the Department of Business, Enterprise and Innovation has issued a Ministerial Order revising the financial thresholds at which notification of a merger or (...)

The UK Competition Authority imposes structural remedies to clear a merger in the market of the supply of managed laundry services (JLA / Washstation)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95281 visits
University laundry merger broken up by CMA* The CMA has decided that JLA must sell Washstation to preserve competition in the supply of managed laundry services to higher education providers. The decision by the Competition and Markets Authority (CMA) comes following an in-depth (...)

The US DoJ conditionally approves a merger in the healthcare industry, subject to structural remedies (CVS / Aetna)
International Center for Law & Economics (Portland)
United States 16 contributions 7588 visits
The DOJ’s approval of the CVS/Aetna Merger and vertical innovation by incumbents* Last week, the DOJ cleared the merger of CVS Health and Aetna (conditional on Aetna’s divesting its Medicare Part D business), a merger that, as I previously noted at a House Judiciary hearing, “presents a (...)

The US DoJ clears a merger between two vertically linked businesses due to sufficient competition in their respective markets subject to the divestment of their horizontally overlapping business in the healthcare sector (CVS / Aetna)
Secretariat Economists (San Francisco)
United States 2 contributions 598 visits
Department of Justice Clears Merger of CVS and Aetna* The Department of Justice (DOJ) recently cleared the merger of CVS Health Corporation (CVS) and Aetna Inc. (Aetna), only requiring divestiture of Aetna’s horizontally overlapping Medicare Part D prescription drug plan business. Aetna is (...)

The US District Court for the Eastern District of Virginia requires divestiture in a long-consummated merger (Steves & Sons / Jeld-Wen / CMI)
Jones Day (Houston)
United States 35 contributions 15638 visits
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Jones Day (Washington)
United States 20 contributions 3897 visits
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Sheppard Mullin (Washington)
United States 4 contributions 907 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Congratulations! Your deal navigated through antitrust review, you closed the transaction, and you are making your way through the three-year integration plan. (...)

The US District Court for the Eastern District of Virginia orders a defendant in private antitrust litigation to divest a manufacturing plant following a competitor’s merger challenge (Steves & Sons / Jeld-Wen / CMI)
Jones Day (Houston)
United States 35 contributions 15638 visits
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Jones Day (Washington)
United States 7 contributions 2097 visits
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Sheppard Mullin (Washington)
United States 4 contributions 907 visits
A federal district court has ordered a defendant in private antitrust litigation to divest a manufacturing plant following a competitor’s merger challenge. Although the decision is certain to be appealed, it may embolden customers or competitors wishing to challenge a transaction and create (...)

The Irish Minister for Business publishes changes to the financial thresholds for the mandatory notification of mergers and acquisitions
Matheson (Dublin)
Ireland 13 contributions 1401 visits
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An Post (Dublin)
10 contributions 743 visits
The Minister for Business, Enterprise and Innovation, Heather Humphries, laid the Competition Act 2002 (Section 27) Order 2018 (the “Order”) before the Houses of the Oireachtais on 3 October 2018. From 1 January 2019, the financial thresholds for the mandatory notification of mergers and (...)

The Turkish Competition Authority conditionally clears a merger, subject to certain structural commitments, in the design, manufacturing, and distribution of sunglasses and prescription optical glasses (Luxottica / Essilor)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81033 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5515 visits
This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Luxottica/Essilor decision, in which the Board evaluated the transaction concerning the merger of Luxottica Group S.p.A. (“Luxottica”) and Essilor International Compagnie Générale d’Optique S.A. (“Essilor”). (...)

The US District Court of Delaware spotlights the importance of antitrust risk-shifting provisions in merger agreements in the pharmaceutical sector (Akorn / Fresenius)
Gibson Dunn (Washington)
United States 8 contributions 5368 visits
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Baker Botts (Brussels)
Belgium 29 contributions 48930 visits
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Baker Botts (Washington)
United States 12 contributions 9134 visits
As counsel involved in negotiating mergers, acquisitions, or other transactions know, provisions that allocate antitrust risk between buyer and seller, or between joint venture (JV) partners, are a common feature of merger and JV agreements. Such provisions are increasingly important in (...)

State Aid

 The EU Commission holds that the intervention of the French state to a phone company does not constitute state aid as it complies with the market economy investor principle (Orange)
Maastricht University
Belgium 353 contributions 64068 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 Spanish High Court of Justice for Catalonia dismisses an appeal challenging the legality of a tax on large retailers on the grounds that some establishments are exempt and thus there is unlawful State aid (Alcampo)
Judicial Ethics Commission (Madrid)
39 contributions 2135 visits
Catalonia High Court of Justice dismisses the appeal against the assessment of the regional tax on large retail establishments on the ground that what constituted State aid is the exemption in favour of certain establishments but not in the case of the now appellant undertaking. Background (...)

The EU Commission opens an in-depth investigation into measures in favour of an airline company in Germany (Ryanair)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814813 visits
State aid: Commission opens in-depth investigation into measures in favour of Ryanair at Frankfurt-Hahn airport in Germany* The European Commission has opened an in-depth investigation to assess whether measures in favour of Ryanair at the German airport of Frankfurt-Hahn are in line with (...)

The EU Commission approves under EU State aid rules a measure to support electricity production from renewable sources in France
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814813 visits
State aid: Commission approves €200 million in public support for renewable energy for self-suppliers of electricity in France* The European Commission has approved under EU State aid rules a measure to support electricity production from renewable sources for self-consumption in France (...)

The EU Commission approves under EU State aid rules a €306 million aid for the construction of a section of motorway in Greece
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814813 visits
State aid: Commission approves €306 million in Greek public funding for the construction of southern section of E65 motorway* The European Commission has approved under EU State aid rules Greek public funding of €306 million for the construction of the southern section of the Central Greece (...)

The Portuguese Supreme Administrative Court determines that a levy to fund the national wine regulator does not constitute State aid on the grounds that all economic agents in the market are affected and that any effect is de minimis (Wine and Vine Institute)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 19 contributions 2510 visites
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Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 24 contributions 2701 visites
Background and facts of the case This judgement arises from an appeal against the ruling issued by the Administrative and Tax Court of Viseu, which dismissed the action brought by the appellant against the decision of the Wine and Vine Institute (Instituto do Vinho da Vinha) ordering the (...)

The Spanish Supreme Court, following a preliminary ruling by the EU Court of Justice, decides that a tax on large commercial establishments does not breach State aid rules
Judicial Ethics Commission (Madrid)
39 contributions 2135 visits
The Supreme Court, after having raised the question for a preliminary ruling to the Court of Justice, dismisses the appeal against the Regulation of the Tax on Large Commercial Establishments of Aragón Background & facts of the case The tax on large commercial establishments in Aragón (...)

The Spanish Supreme Court, following a preliminary ruling to the EU Court of Justice, dismisses an appeal against a tax on large commercial establishments because the selective criteria on which the tax is based does not breach EU State aid rules
Judicial Ethics Commission (Madrid)
39 contributions 2135 visits
The Supreme Court, after having raised the question for a preliminary ruling to the ECJ, dismisses the appeal against the Regulation of the Tax on Large Commercial Establishments of Aragón. Background & facts of the case The tax on large commercial establishments in Aragón is not (...)

The EU Commission approves under EU State aid rules the extension of the existing Danish tonnage tax scheme to additional types of vessels
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814813 visits
State aid: Commission approves extension of Danish tonnage tax scheme to new types of vessels* The European Commission has approved under EU State aid rules the extension of the existing Danish tonnage tax scheme to additional types of vessels. This will encourage ship registration in Europe (...)

The Spanish Supreme Court, following a preliminary ruling to the EU Court of Justice, dismisses an appeal against a tax on large commercial establishments on the grounds that taxes which discriminate on surface area or environmental considerations do not breach EU State aid rules
Judicial Ethics Commission (Madrid)
39 contributions 2135 visits
The Supreme Court, after having raised the question for a preliminary ruling to the ECJ, dismisses the appeal against the Regulation of the Tax on Large Commercial Establishments of Asturias Background & facts of the case The tax on large commercial establishments in Asturias is not (...)

The Spanish Supreme Court upholds an appeal against a ruling which denied interim measures whilst the EU Commission investigated suspected illegal State aid (Astra Ibérica)
Judicial Ethics Commission (Madrid)
39 contributions 2135 visits
The Supreme Court upheld the cassation appeal against an order of the National Court that denied interim measures due to the obligations that derive for national judges from the initiation of a procedure by the European Commission concerning State aid. Background & facts of the case (...)

The EU Commission approves under EU State Aid Rules a €125 million investment aid of Slovakia to an automotive company (Jaguar Land Rover)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814813 visits
State aid: Commission approves Slovakia’s €125 million investment aid to Jaguar Land Rover* The European Commission has concluded that Slovakia’s €125 million investment aid to Jaguar Land Rover is in line with EU State aid rules. The aid will contribute to the development of the region of (...)

The Spanish Supreme Court dismisses appeal against the regulation of tax on large commercial establishments of Asturias
Judicial Ethics Commission (Madrid)
39 contributions 2135 visits
The Supreme Court, after having raised the question for a preliminary ruling to the Court of Justice, dismisses the appeal against the Regulation of the Tax on Large Commercial Establishments of Asturias Background & facts of the case The tax on large commercial establishments in (...)

The Spanish Supreme Court annuls the regulation of tax on large commercial establishments of Catalonia insofar as it applies the exemption to collective commercial establishments with a surface area of more than 2,500m
Judicial Ethics Commission (Madrid)
39 contributions 2135 visits
The Supreme Court, after having raised the preliminary ruling of the EJC, annuls the Regulation of the Tax on Large Commercial Establishments of Catalonia insofar as it applies the exemption to collective commercial establishments with a surface area of more than 2,500 m2. Background & (...)

Procedures

 The EU Council adopts a directive aimed at improving the protection of whistle-blowers in the European Union
Ashurst (Brussels)
Belgium 37 contributions 8992 visits
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Free University of Brussels (ULB)
Belgium 17 contributions 29405 visits
On 7 October 2019, the European Council formally adopted a Directive aimed at improving protection of whistle-blowers in the EU (the "Directive"). The Directive will now be published in the Official Journal of the European Union ("OJEU") and will enter into force 20 days after publication. (...)

The President of the EU General Court rejects an application to prevent publication of a Commission’ decision (EURIBOR)
Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 28526 visites
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European Commission - DG COMP (Brussels)
Belgique 45 contributions 20610 visites
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20592 visites
On 7 December 2016, the European Commission adopted a decision whereby it fined Crédit agricole, JP Morgan Chase and another bank EUR 485 million for participating in the so-called EURIBOR cartel. The investigation of the Commission revealed that the banks in question had colluded on certain (...)

The EU Court of Justice holds that a jurisdiction clause is not excluded when it does not expressly refer to disputes relating to liability resulting from an abuse of dominant position (Apple / MJA)
McDermott Will & Emery (Paris)
France 134 contributions 65767 visites
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McDermott Will & Emery (Paris)
France 2 contributions 2869 visits
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Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 98619 visits
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Application of Jurisdiction Clauses to Competition Damages Actions Depends on Cause of Action* Summary The European Court of Justice (ECJ) recently ruled that a jurisdiction clause does not need to refer expressly to disputes arising from a breach of competition law where damages are (...)

The EU Court of Justice holds that claims alleging abuse of dominance could come within the terms of a jurisdiction clause even where the clause did not expressly refer to claims based on competition law (Apple / MJA)
McCann FitzGerald (Dublin)
Ireland 2 contributions 382 visits
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McCann FitzGerald (Dublin)
Ireland 6 contributions 1687 visits
Competition Disputes: Will a Jurisdiction Clause Govern Where They are Brought?* The European Court of Justice (CJEU) held recently in Apple Sales International v MJA acting as liquidator of eBizcuss.com that claims alleging abuse of a dominant position could come within the terms of a (...)

The EU Court of Justice rules that jurisdiction clauses subject to EU law may be enforced by Member States in actions for damages for abuse of dominance (Apple / MJA)
Paris Bar
France 3 contributions 972 visits
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Cleary Gottlieb Steen & Hamilton (Paris)
France 1 contribution 213 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 3199 visits
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European Court of Justice Issues Important Judgment Related to Jurisdiction Clauses for Antitrust Actions* In a recent judgment providing a preliminary ruling in the case, Apple Sales International et al. v. EBizcuss.com (C-595/17, October 24, 2018), the Court of Justice of the European (...)

The EU Court of Justice rules on the applicability of contractual jurisdiction clauses in the context of abuse of a dominant position, ruling that some competition law violations are more contract related than others (Apple / MJA)
Latham & Watkins (Brussels)
Belgium 12 contributions 4634 visits
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Liège University
Belgium 1 contribution 184 visits
With its judgment the European Court of Justice (‘ECJ’) confirms its previous case law indicating that the criterium to determine whether a competition law violation is covered by a contractual jurisdiction clause is the existence of a ‘contractual link’, adding that this is the case even when (...)

The US Court of Appeals for the First Circuit holds that no class containing uninjured members can be certified unless, when moving for class certification, plaintiffs offer a manageable way for defendants to contest at trial whether their conduct injured individual class members (In re: Asacol Antitrust Litigation)
White & Case (New York)
United States 2 contributions 547 visits
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White & Case (Boston)
United States 9 contributions 2641 visits
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White & Case (New York)
United States 4 contributions 1267 visits
The U.S. Court of Appeals for the First Circuit’s landmark In re: Asacol Antitrust Litigation decision holds that no class containing uninjured members can be certified unless, when moving for class certification, plaintiffs offer a manageable way for defendants to contest at trial whether (...)

Regulatory

 The French Competition Authority issues an opinion on the freedom of establishment of lawyers at the French Administrative Supreme Court and the French Supreme Court
Autorité de la concurrence (Paris)
France 741 contributions 394364 visites
Freedom of establishment of lawyers at the French Administrative Supreme Court and the French Supreme Court* The Autorité de la concurrence issues an opinion on the freedom of establishment of lawyers at the French Administrative Supreme Court and the French Supreme Court. To improve (...)

The EU Commission and Council discuss enhancements of national security screening of foreign direct investment
Cohen & Gresser (United Kingdom)
United Kingdom 1 contribution 237 visits
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Dechert (Washington)
United States 3 contributions 383 visits
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Dechert (Brussels)
Belgium 26 contributions 35553 visits
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The EU has agreed in principle on a strengthened framework to ensure that foreign investment does not threaten security and public order, while keeping the EU open to foreign investment. The draft FDI Regulation does not go as far as introducing an EU screening mechanism whose decisions are (...)

The Australian Standing Committee on Economics publishes a report on the Australian Competition and Consumer Commission activities
King & Wood Mallesons (Sydney)
Australia 1 contribution 1196 visits
THE ACCC’S ANNUAL REPORT: THE YEAR IN REVIEW* On 15 October 2018, the Standing Committee on Economics (Standing Committee) published a report on the Australian Competition and Consumer Commission (ACCC), which details the ACCC’s performance and operations based on the ACCC’s 2017 Annual (...)

The Portuguese Competition Authority issues its final version of the Issues Paper on the “Technological Innovation and Competition in the Financial Sector in Portugal”
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28739 visits
The AdC has published the final version of the Issues Paper “Technological Innovation and Competition in the Financial Sector in Portugal”, in which warns of the risks in PSD2’s implementation* The AdC has approved the final version of the Issues Paper “Technological Innovation and (...)

Public sector

 The Spanish Competition Authority issues decision in bid rigging case, thus revealing several related legislative and interpretative issues (Vossloh Laeis)
University of Bristol - Law School
United Kingdom 92 contributions 25316 visits
Bid rigging conspiracy in railroad electrification works: A very Spanish ’sainete’* A case of bid rigging in works contracts for high-speed and conventional railroad electrification in Spain evidences a number of shortcomings in the domestic transposition of the 2014 rules on discretionary (...)