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Anticompetitive practices

The Indian Competition Authority fines seller of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Geep Industries India)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) imposes penalty on Geep Industries for being a member of bilateral “ancillary” cartel* By way of order dated August 30, 2018, the CCI imposed a penalty of INR 9,64 06,682 (Nine crores sixty-four lakh six thousand six hundred and eight two) on Geep Industries (...)

The Indian Competition Authority fines state film distributor for limiting production and supply of dubbed movies (KFCC Karnataka Film Chamber of Commerce)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on Karnataka Film Chamber of Commerce (KFCC) and its office bearers for limiting production and supply of dubbed movies within Karnataka* By way of an order dated August 30, 2018, the CCI imposed a penalty of INR. 9,72 ,943/- (Nine lakh seventy-two thousand nine hundred and (...)

The US FTC reaches a settlement with health staffing agencies for colluding on their staffs wages (Your Therapist Source / N.Jindal / S.Yarbray)
US Federal Trade Commission (FTC)
THE LATEST: FTC Settles Civil Complaint for Wage-Fixing* A recent settlement shows that the US Federal Trade Commission (FTC) will use its enforcement authority to target employer collusion in the labor market. WHAT HAPPENED The FTC brought a complaint against a medical staffing agency, Your (...)

The Indian National Company Law Appellate Tribunal (NCLAT) upholds the Indian Competition Authority’s record fine imposed in the cement cartel case (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates, Advocates (New Delhi)
NCLAT upholds the highest penalty imposed by CCI on cement cartel* The National Company Law Appellate Tribunal (NCLAT) by way of a judgement dated 25 July 2018 has upheld the penalty imposed by the Competition Commission of India (CCI) on 11 cement companies for cartelization. The CCI in its (...)

The EU Commission fines electronic goods manufacturers for resale price maintenance (Asus / Denon & Marantz / Philips / Pioneer)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
Vertical restrictions, including resale price maintenance (RPM), have not generally been an EC enforcement priority over the last 10 years, but a series of rulings in July 2018 signalled a potential change in that trend. Although the EC considers RPM to be a “hardcore restriction” of (...)

The EU Commission fines consumer electronics manufacturers for imposing fixed or minimum resale prices on their online retailers (Asus / Denon / Marantz / Philips / Pioneer)
Dechert (Brussels)
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Dechert (Washington)
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Dechert (Brussels)
Recent EU Fines for Resale Price Maintenance Are Symptoms of Broader Challenges Faced by Today’s Consumer-Goods Manufacturers The European Commission (the “Commission”) issued four separate decisions on 24 July 2018, fining consumer electronics manufacturers Asus, Denon & Marantz, Philips and (...)

The EU Commission fines four leader consumer electronics manufacturers for fixing online resale prices (Asus / Denon & Marantz / Philips / Pioneer)
Bryan Cave Leighton Paisner (London)
EU COMMISSION FINES MAJOR CONSUMER ELECTRONICS MANUFACTURERS FOR FIXING ONLINE RESALE PRICES* On 24th July 2018 the EU Commission passed a decision to enforce the competition rules in yet another case involving the e-commerce sector. This time it fined a number of leading consumer electronics (...)

The European Commission fines manufacturers for over €111 million for restricting the ability of online retailers to set their own retail prices for a variety of widely-used consumer electronics products (Asus / Denon & Marantz / Philips / Pioneer)
Simmons & Simmons (London)
Antitrust News: The European Commission imposes fines for the first time in 15 years as a result of online retail price restrictions (RPM)* On July 24, 2018, the European Commission fined manufacturers Asus, Denon & Marantz, Philips and Pioneer for over €111 million for restricting the (...)

The EU General Court annuls a fine imposed by the Commission on cartellists in the sea shrimp sector due to lack of reasoning (Stührk Delikatessen)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
In this difficult case, the EC had to reduce the fines calculated for each of the cartel participants so as to remain within the unalterable limit of 10 per cent of total worldwide group turnover. The EC claimed that it had sought to treat the various cartel participants equally in making the (...)

The Indian Competition Authority fines state chemists’ association and 3 pharma companies for anticompetitive practice of "No Objection Certificates" prior to appointment of stockists (Alis Medical Agency / Federation of Gujarat State Chemists & Druggists Associations)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalties on the Chemists’ Associations in State of Gujarat and three pharma companies for indulging in practice of “No Objection Certificate” before appointment of stockists* The Competition Commission of India (“CCI”) by way of an order dated 12 July 2018 has imposed penalty on the (...)

The EU General Court affirms the Commission’s finding that financial investors have parental liability for the acts of an indirect subsidiary involved in the power cables cartel (Goldman Sachs)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
On 12 July 2018, by its judgment in Case T-419/14 The Goldman Sachs Group v Commission, the GCEU entirely dismissed the appeal brought by The Goldman Sachs Group, Inc., against an EC decision in Case AT. 39610 Power Cables, fining Goldman Sachs EUR 37.303 million for its parental liability (...)

The Indian Competition Authority dismisses cartel allegations against 37 suppliers of signaling cables to national railways (North Western Railway / Rajasthan Transformers and Switchgears)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of cartel against 37 suppliers of signaling cables to Indian Railways* The Competition Commission of India (CCI/Commission ) by way of an order dated 12 July 2018 rejected the findings of the Director General (DG) and closed the case against 37 signaling cable (...)

The Higher Regional Court of Frankfurt/Main, applying the preliminary ruling of the EU Court of Justice, finds that a luxury perfume provider can prohibit unauthorised distribution over third-party websites (Coty Germany)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
This judgment of the Higher Regional Court of Frankfurt/Main of 12 July 2018 applying the preliminary ruling of the CJEU of 6 December 2017 in the case Coty Germany GmbH v Parfümerie Akzente GmbH will reassure manufacturers of luxury products that they can protect such products from unauthorised (...)

The Indian Competition Authority decides its fourth leniency and fines broadcasting service providers for bid-rigging in tenders floated by sports broadcasters (Essel Shyam Communication / Globecast India / Globecast Asia)
Vaish Associates, Advocates (New Delhi)
CCI decides its fourth leniency, imposes penalty on broadcasting service providers for bid-rigging in tenders floated by Sports Broadcasters* By way of an order dated 11 July 2018, the Competition Commission of India (CCI) imposed a penalty of INR 22.36 Crore on Essel Shyam Communication (...)

The Moldovan Competition Authority grants immunity from fine to a leniency applicant in a bid rigging case (Litarcom / Capillati / Ecosem Grup)
Faculty of Law - University of Macau
On 5 July 2018, the Competition Council of the Republic of Moldova (CC) found the signs of bid rigging in the public procurement, organized by local administration in the Glodeni county. The CC initiated its investigation on the basis of the leniency application filed by Ecosem Grup SRL, (...)

The Moldovan Competition Authority prosecutes three companies for bid-rigging in public procurement of various software solutions (BTS PRO / MSA / Esempla Systems)
Faculty of Law - University of Macau
On 28 June 2018, the Competition Council of the Republic of Moldova (CC) found that three undertakings, BTS PRO SRL, MSA Grup SRL, Esempla Systems SRL, have engaged in bid-rigging practices at the public procurement of various software solutions for the use by the public authorities. The CC’s (...)

The US Supreme Court holds that the governement failed to show the "anti-steering" provisions in both side of a two sided-market imposed by a dominant participant in the credit card market (Ohio / AMEX)
Wolters Kluwer (Riverwoods)
Supreme Court Holds That Government Failed to Show AmEx Anti-Steering Rules Harmed Both Sides of Two-Sided Market* In a five-to-four decision yesterday, the U.S. Supreme Court ruled that the Department of Justice Antitrust Division and several states failed to prove that so-called (...)

The US Supreme Court rejects Government antitrust challenge against anti steering provisions of a credit-card network company (AMEX)
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Weil, Gotshal & Manges (Washington)
Supreme Court Rejects Government Antitrust Challenge to American Express Antisteering Provisions* In a long-awaited decision, a closely divided Supreme Court ruled in favor of American Express (“Amex”), ending a highly publicized government challenge that has spanned nearly a decade. Writing for (...)

The Alberta Court of Queen’s Bench (Canada) rules a private claim regarding a joint venture agreement between two purchasers of chemicals products (Dow Chemical Canada / Nova Chemicals Corporation)
Steve Szentesi Law Corporation (Vancouver)
Alberta Court of Queen* In a recent decision handed down by the Alberta Court of Queen’s Bench, in Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482 (“Dow Chemical”), the Court established both new law and confirmed earlier case law under sections 45 and 90.1 of the federal (...)

The German Federal Court of Justice grants a claim for damages relating to a cement cartel by extending the time period in which limitation rules can be suspended (Grauzementkartell II)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
This landmark judgment of the German Federal Court of Justice concerns an action for damages relating to the German cement cartel. However, the judgment has much wider implications and is relevant for damage claims relating to other cartel infringements. The Federal Court extended the temporal (...)

The Indian Competition Authority dismisses allegations of collusion between a cement dealers’ association and cement manufacturers due to lack of evidence (Ramco / Kerala Cement Dealers’ Association KCDA)
Vaish Associates, Advocates (New Delhi)
CCI closes investigation against Kerala cement dealers’ association and cement manufacturers* The CCI by its order dated May 24, 2018 has closed the investigation against Ramco Cements Ltd (‘Ramco’) and the Kerala Cement Dealers’ Association (‘KCDA’). The investigation by the Director-General (‘DG’) (...)

The Indian Competition Authority grants penalty reductions to 4 out of 6 members of a cartel guilty of bid rigging public tenders for setting up solid waste processing plants (Nagrik Chetna Manch / Fortified Security Solutions)
Vaish Associates, Advocates (New Delhi)
CCI passes its third leniency decision* The CCI by way of an order dated May 1, 2018 has issued its third leniency order in the case of Nagrik Chetna Manch v. Fortified Security Solutions and Ors. (Case 50 of 2015) in which it granted reduction in penalty to four out of the six leniency (...)

The Indian Competition Authority fines battery manufacturers’ cartel after a 6-year investigation including 2 leniency applications (Eveready Industries India / Indo National / Panasonic Energy India / Association of Indian Dry Cell Manufacturer)
Vaish Associates, Advocates (New Delhi)
CCI Penalizes Batter Manufacturers’ Admitted Cartel - Decised Its Second Leniency Case* Competition Commission of India (CCI) by an order dated 19 April 2018, in its second decision on a leniency application, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency (...)

The Indian Competition Authority grants penalty reductions to all 3 members of a cartel in zinc-carbon dry batteries due to the members’ leniency applications, including a historic 100% penalty reduction to the first priority leniency applicant (Panasonic / Eveready / Nippo)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (“CCI”) grants first-ever 100 percent reduction in penalty* The CCI by its order dated April 19, 2018, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency applicant, Panasonic Energy India Co. Ltd (‘Panasonic’) in a case involving (...)

The EU Court of Justice finds that Member States are not required to extend a prohibition on extraditing their own nationals to citizens of other Member States involved in global cartels (Romano Pisciotti)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
In its judgment of 10 April 2018, the CJEU decided that Germany did not infringe EU law by extraditing an Italian national to the United States. An EU Member State is not required to extend a prohibition on the extradition of its own nationals to all EU citizens, but before proceeding to (...)

The Higher Regional Court of Hamburg, applying Coty, finds that a ban on selling products through online sales platforms can be justified if its objective is to preserve product image and ensure personal consultation with customers (Aloe2Go)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
The Higher Regional Court of Hamburg had the opportunity to establish a position regarding potential restrictions of competition in selective distribution arising out of bans on selling products through eBay and similar platforms. The Higher Regional Court referred to recent case law of the (...)

The Indian Competition Authority reconsiders a price fixing case referred back from the appellate tribunal and reinstates fines against airline companies for fixing fuel surcharge rates for cargo transportation but makes the fines lower (Jet Airways / InterGlobe Aviation / Spice Jet)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (“CCI”) imposes penalty on Jet Airways, IndiGo Airlines and Spicejet for fixing fuel surcharge rates* By way of an order dated March 7, 2018, the CCI has imposed a cumulative penalty of approx. INR 54 Crores on Jet Airways (India) Ltd (‘Jet Airways’), InterGlobe (...)

The Higher Regional Court of Düsseldorf finds that sellers of high quality cosmetics cannot invoke "exhaustion of rights" under the EU Trademark Regulation if they have not presented the products in a way which avoids impairment of the brand’s reputation (Kanebo)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
The Higher Regional Court of Düsseldorf decided that neither online nor offline sellers can invoke exhaustion of rights under Article 15(1) of the EU trademark regulation if they sell high-quality, prestigious cosmetic products without appropriate presentation to avoid impairment of reputation. (...)

The EU Court of Justice upholds fines imposed by the Commission on cartel participants in the air freight forwarding sector (Schenker)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
In four separate judgments of 1 February 2018, the CJEU upheld fines imposed by the EC on freight forwarders for participating in cartels in the international air freight forwarding services sector. The case is interesting for its consideration of (i) the fact that the EC relied on evidence (...)

The EU Court of Justice clarifies the application of competition law to the pharmaceutical sector in relation to off-label use of medicine and the dissemination of misleading information about product characteristics (Hoffman-La Roche)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
On 23 January 2018, the CJEU rendered its judgment in the case Hoffman-La Roche and Others v AGCM, providing clarification on important aspects of competition law in the pharmaceutical sector. The CJEU rendered its judgment pursuant to a request for a preliminary ruling by the Italian Council (...)

The Indian Competition Authority imposes highest fine in terms of profit on hard core cartel for supplying coal to 7 thermal power stations (Maharashtra State Power Generation / Nair Coal Services / Karam Chand Thapar / Naresh Kumar)
Vaish Associates, Advocates (New Delhi)
CCI imposes highest penalty in terms of profit on a hard core cartel for coal liaisoning services for supply of coal to seven thermal power stations of Maharashtra State Power Generation Co. Ltd.* The Competition Commission of India (CCI) vide its order dated January 10, 2018 has exposed a (...)

The Indian Competition Authority widens the scope of bid rigging and exonerates 9 suppliers of AC (air conditioning) packages from allegations of bid rigging despite instances of identical bids (Kapurthala Rail Coach Factory / AC package suppliers)
Vaish Associates, Advocates (New Delhi)
CCI exonerates 9 supplier from bid rigging in railway tenders * The Competition Commission of India (‘CCI’) vide its order dated November 28, 2017 has exonerated nine RDSO [Research Designs & Standards Organisation] approved suppliers (“Opposite Parties”), including four sister companies, of (...)

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)
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 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)
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 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)
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)
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 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)
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 (...)

The Indian Competition Authority fines 10 companies for bid rigging in coal and sand transportation tenders (Western Coalfields Limited / SSV Coal Carriers)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty for bid-rigging in coal transportation auctions* The Competition Commission of India (’CCI’) vide order dated September 14, 2017 has imposed penalty of almost INR 12 Crore on 10 entities namely SSV Coal Carriers Pvt. Ltd (OP-1), Bimal Kumar Khandelwal (OP-2), Pravin Transport (...)

The Indian Competition Authority reconsiders and again exonerates air transport association from accusations of anticompetitive agreements and price fixing (Air Cargo Agents Association of India / IATA International Air Transport Association)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of cartelization against Air Cargo Agents Association of India* The Competition Commission of India (CCI) vide order dated 12.09.2017 has dismissed allegations of cartelization against the Air Cargo Agents Association of India. The Informant, the International Air (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against a sound system manufacturer and concludes the manufacturer’s mandatory training for its distributors is justified (Harman International)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) dismisses allegations of anti-competitive conduct against Harman International (India) Pvt. Ltd* The CCI vide order dated September 6, 2017 has dismissed allegations of anti-competitive conduct against M/s. Harman International (India) Pvt. Ltd (‘OP’) for (...)

The Indian Competition Authority dismisses allegations of collusion between the central bank and 19 other banks and concludes that the banks’ similar safety locker policies are common practice and not collusion result (Reserve Bank of India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of cartelization against the Reserve Bank of India and 19 other banks* The CCI vide order dated August 23,2017 dismissed allegations of cartelization against RBI and 19 other banks. (“Opposite Party banks”) It was alleged that the Opposite Party banks do not undertake (...)

The Indian Competition Authority finds a professional committee in transportation and its 4 participating associations guilty of price fixing in the market for coastal container services and issues a cease and desist with no fine because conduct was limited and stopped before investigation (Cochin Port Trust / Container Trailer Owners Coordination Commission)
Vaish Associates, Advocates (New Delhi)
CCI finds Container Trailer Owners Coordination Commission and its four participating associations guilty of anticompetitive conduct* The Competition Commission of India (“CCI”) vide dated 01.08.2017 has found Container Trailer Owners Coordination Committee (‘Committee’) and its four participating (...)

The Chinese NDRC fines two pharmaceutical companies for excessive pricing and refusal to deal (Zhejiang Second Pharma / Tianjin Handewei Pharmaceuticals)
University of Melbourne
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Hogan Lovells (Beijing)
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University of Melbourne
On 31 July 2017, the NDRC publicly announced its decision to sanction Zhejiang Second Pharma (an affiliate of a central-level SOE under the purview of the State-owned Assets Supervision and Administration Commission (SASAC)) and Tianjin Handewei Pharmaceuticals for abusing their dominance. In (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against two film producers and two digital cinema service providers (K Sera Sera Digital Cinema / Pen India)
Vaish Associates, Advocates (New Delhi)
CCI closes case against the producers and presenters of ‘Kahaani-2’ with respect to alleged anticompetitive agreement* CCI vide its order dated June 21, 2017dismissed allegations of contravention of Section 3 and 4 of the Act against Pen India Ltd., Bound Script Motion Pictures Pvt. Ltd., UFO (...)

The Indian Competition Authority fines global automobile manufacturer for resale price maintenance and other anticompetitive conduct in markets for car manufacturing, spare car parts, and car repair services (Fx Enterprise Solutions India / Hyundai Motor India)
Vaish Associates, Advocates (New Delhi)
CCI penalizes Hyundai for resale price maintenance and tie-in* The CCI vide its order dated June 14, 2017 imposed a penalty of INR 87 Crore (Rupees Eighty Seven Crores) on Hyundai Motor India Limited (‘HMIL’) for contravention of Section 3(4) read with Section 3(1) of the Act. The Information (...)

The Indian Competition Authority finds a professional pharmaceutical association guilty of anticompetitive conduct but refrains from imposing a fine because the association has already recently been fined for similar conduct (Karnataka Chemists and Druggists Association)
Vaish Associates, Advocates (New Delhi)
CCI finds Karnataka Chemist and Druggists Association (KCDA) in violation of Section 3(3) of the Act* CCI by its order dated March 2, 2017 has found that KCDA violated Section 3(3) of the Act. Being prima-facie satisfied by the information filed, the CCI ordered investigation into the matter. (...)

The French Competition Authority dismisses collusion case against car rental companies due to lack of evidence that exchange of information led to strategic changes in their behavior (Europcar / Avis / Citer / Hertz / Sixt / EDA)
Compass Lexecon (Madrid)
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Compass Lexecon (Paris)
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Compass Lexecon (Madrid)
When Information Is Not (Market) Power: Using Quantitative Techniques To Show That Information Exchange Did Not Facilitate Collusion* Abstract On January 2015, the French competition authority claimed that some car rental companies infringed competition law by sharing monthly information (...)

The Indian Competition Authority fines 7 cement manufacturers for bid rigging (State of Haryana / Cement Manufacturers)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty of INR 205 Crores on 7 cement manufacturers for bid-rigging in supply of cement to Director General (Supplies and Disposal), Haryana* CCI by its order dated January 19, 2017 has imposed a penalty for bid-riggingon 7 cement manufacturers, viz. Shree Cement Limited, Ultratech (...)

The Indian Competition Authority approves its first leniency application and reduces by 75% fine imposed on applicant in bid-rigging case (Pyramid Electronics / Kanwar Electricals / Western Electric and Trading Company)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) decides its first application for leniency in Cartels* CCI by its order dated January 18, 2017 decided its first leniency application in favour of the applicant by reducing the fine imposed by 75%. The application was filed on 10 March 2015 by one of the (...)

The Indian Competition Appellate Tribunal (COMPAT) rejects application for complete stay of penalty in cement cartel case (Binani Cement / Builders’ Association of India)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) rejects the application of Binani Cement for complete stay of penalty in Cement Cartel appeals* COMPAT by its order dated January 9, 2017 has rejected the application of Binani Cement for complete stay of penalty while its appeal against the penalty (...)

The Polish Competition Authority fines undertakings for setting minimum resale prices on ski equipment and accessories (Fordex / Intersport)
Office of Competition and Consumer Protection (Warsaw)
I. The Decision In its decision no DOK-1/2016 of 23rd December 2016, the Office of Competition and Consumer Protection (hereinafter the “Polish Competition Authority”) imposed a fine on Fordex and Intersport for violating Article 6 (the equivalent of Article 101(1) of the Treaty) of the Act on (...)

The German Competition Authority ends proceedings against a dominant firm on the antennas market (Funkturm)
German Competition Authority (Bonn)
Bundeskartellamt ends proceedings against Deutsche Funkturm after pricing structure amendments* The Bundeskartellamt has terminated the administrative proceedings which it initiated against Deutsche Funkturm GmbH, Münster in January 2015. In the proceedings the authority investigated suspected (...)

The UK Competition Authority fines suppliers of galvanised steel tanks for bid-rigging (Franklin Hodge)
British Competition Authority - CMA (London)
CMA fines water tank firms over £2.7 million* The CMA has today issued 2 decisions imposing fines on suppliers of galvanised steel tanks for breaching competition law. Galvanised steel tanks are used for water storage in larger buildings, such as schools, hospitals and other commercial and (...)

The German Competition Authority fines firms in the food retail sector for vertical price fixing (Neumünster)
German Competition Authority (Bonn)
Fine proceedings for vertical price fixing in the German food retail sector concluded* The Bundeskartellamt has concluded its last three pending proceedings concerning vertical price fixing in the food retail sector. The authority imposed fines totalling 18.3 million euros on EDEKA (...)

The EU General Court dismisses the actions of undertakings in a cartel case and and upholds the fines imposed by the Commission (Smart card chips cartel)
Van Bael & Bellis (Brussels)
Article 27(2) of Regulation No 1/2003 provides that the parties’ rights of defence are to be fully respected in proceedings by the European Commission pursuant to Articles 101 and 102 TFEU. Article 12 of Regulation 773/2004 states that the Commission must give the parties to whom it has (...)

The Italian Competition Authority discovers two price-fixing arrangements in the market for the real estate brokerage services but decides not to fine the anti-competitive conducts as they were not a serious competition breach (Usi in Materia di Mediazione Immobiliare)
Desogus Law Office (Cagliari)
By the recent decision handed down in the case Usi in Materia di Mediazione Immobiliare (UMMI) the Italian Competition Authority (ICA) has closed an antitrust investigation by finding two price-fixing arrangements in the market for the real estate brokerage services agents implemented by two (...)

The French Competition Authority issues an opinion following its sector inquiry on hearing aids
French Competition Authority (Paris)
Sector-wide Inquiry on Hearing Aids- the Autorité’s Findings* The Autorité recommends separating the initial purchase of the hearing aid (including immediate fitting and setting during the first year) from the purchase of subsequent follow-up services. It also proposes removing the numerus (...)

The Curia of Hungary confirms the fines imposed in a banking cartel case (Budapest Bank)
Hungarian Competition Authority (Budapest)
The Curia of Hungary confirmed the cartel of Banks* On 13 December 2016 the Curia of Hungary confirmed, as a result of the judicial review of case Nr. Vj/74/2011/873 concerning the decision of the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH), that Hungarian banks had (...)

The EU Commission fines rechargeable battery manufacturers for cartel in the settlement procedure (Sony / Panasonic / Sanyo)
DG COMP (Brussels)
Antitrust: Commission fines rechargeable battery producers €166 million in cartel settlement* The European Commission has fined Sony, Panasonic and Sanyo a total of €166 million. The companies and Samsung SDI coordinated prices and exchanged sensitive information on supplies of rechargeable (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision against 4 public insurance companies but reduces fines to avoid overburdening the taxpayers (National Insurance / New India Insurance / Oriental Insurance / United India Insurance)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds CCI order against four Insurance Companies, but reduces penalty* COMPAT vide order dated December 09, 2016 has upheld CCI order dated July 10, 2015 passed under section 27 of the Act against Public Sector Insurance Companies for bid-rigging while reducing the penalty from Rs. (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision against car manufacturers in the spare car parts markets (Ford India / Nissan Motor India / Toyota Kirloskar Motor)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) rejects appeals of Ford, Nissan and Toyota against CCI Order in Car Spare Parts case but reduces penalty amounts* In an important and path breaking order the Competition Appellate Tribunal (COMPAT) vide order dated December 9, 2016 has upheld the earlier (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s fine of a chemists’ association for cartelization due to mistakes in the investigation (AIOCD All India Organization of Chemists & Druggists / OPPI Organization of Pharmaceuticals Producer of India)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside penalty imposed by CCI on All India Organization of Chemists and Druggists for cartelization* Competition Appellate Tribunal (COMPAT) by its order dated December 9, 2016 has set aside the orders dated 19.2.2013, 09.12.2013 passed by the Competition Commission of India (CCI) (...)

The Latvian Competition Council fines three undertakings for bid-rigging in municipal waste collection and transportation sector (Ekoaplinka)
Konkurences padome (Riga)
Anti-competitive agreement in municipal waste collection and transportation sector* On December 8, 2016 the Competition Council found that in 2015 UAB Ekoaplinka, UAB Ecoservice and UAB Marijampolės švara (hereinafter – Companies) concluded a collusive bidding agreement while participating in the (...)

The EU Commission fines three banks for cartel on the euro interest rate derivatives market (Crédit Agricole / HSBC / JPMorgan Chase)
DG COMP (Brussels)
Antitrust: Commission fines Crédit Agricole, HSBC and JPMorgan Chase € 485 million for euro interest rate derivatives cartel* The European Commission has fined Crédit Agricole, HSBC and JPMorgan Chase, a total of € 485 million for participating in a cartel in euro interest rate derivatives. The (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the fine against professional association and its compliant pharmaceutical member company for anticompetitive agreements (Maruti & Company / KCDA Karnataka Chemists & Druggists Association / Lupin)
Vaish Associates, Advocates (New Delhi)
COMPAT set asides penalty imposed on Lupin and its office bearers* COMPAT vide order dated December 07, 2016 while setting aside the order dated July 28, 2016 of CCI has quashed the penalty of Rs 73 Crores imposed on Lupin Ltd. (“Lupin”) and its two officials for alleged anticompetitive (...)

The Portuguese Competition Authority fines five paper envelopes manufacturers and distributors for cartel (Copidata)
Portuguese Competition Authority (Lisbon)
Portuguese Competition Authority dismantles cartel of paper envelopes* The Portuguese Competition Authority (AdC) dismantled a five-member cartel of paper envelopes producers and distributors, and imposed a fine of €160.000,00 on the company Firmo Papéis e Papelarias, S.A. The investigation (...)

The Latvian Competition Council fines two firms for bid-rigging in the purchase of machinery market (Rovaltra / Žagarės inžinerija)
Konkurences padome (Riga)
Competition council disclosed an anti-competitive agreement in public procurement* On December 5, 2016 the Competition Council found that in 2014 UAB Žagarės inžinerija and UAB Rovaltra (hereinafter – Companies) concluded a collusive bidding agreement while participating in the public procurement (...)

The Romanian Competition Council fines five milk producers for rigging (Albalact)
Romanian Competition Council (Bucharest)
The Competition Council had sanctioned five milk producer companies for rigging the bids* The Competition Council had sanctioned five milk producer companies with fines of 8,591,540 lei (approx. 1,9 milion Euro) for rigging the bids organized in 2010-2011 in Giurgiu, Ialomita and Dolj counties (...)

The French Competition Authority confirms unannounced inspections in the sector of energy services and energy supply
French Competition Authority (Paris)
The General Rapporteur of the Autorité de la concurrence confirms that unannounced inspections were carried out on 22 November in the sector of energy services and energy supply* On 22 November 2016, following information that has appeared in the press - which does not come from the Autorité (...)

The Indian Competition Appellate Tribunal (COMPAT) rejects the Indian Competition Authority’s investigation conclusion due to failure to address a significant part the plaintiff’s original suit (Air Cargo Agents Association of India / IATA International Air Transport Association)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) quashes CCI order and directs fresh investigation into alleged anti-competitive practices of International Air Transport Association (IATA)* COMPAT, by its order dated November 15, 2016, has set-aside the order of Competition Commission of India (CCI) (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s fine of pharmaceutical companies in a bid rigging case (GlaxoSmithKline / Sanofi)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside penalty against GSK Pharmaceuticals Ltd. (GSK) and Sanofi Ltd. (Sanofi) for alleged bid-rigging in procurement of meningitis vaccine for Haj and Umrah pilgrims by Ministry of Health and Family Welfare* COMPAT by its order dated November 8, 2016, has set aside the penalty (...)

The EU and Canada sign the Comprehensive Economic and Trade Agreement
Davies Ward Phillips & Vineberg (Toronto)
,
Clifford Chance (London)
What does CETA mean for EU and Canadian competition policy?* Introduction With the Comprehensive Economic and Trade Agreement (CETA) having finally been signed by the EU and Canada on October 30, 2016, it’s worth exploring what it says about competition law and policy and how it may impact (...)

The EU Commission sends a statement of objections against two airlines concerning a potentially anticompetitive codeshare agreement (Brussels Airlines / TAP Portugal)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Brussels Airlines and TAP Portugal on code-sharing on Brussels-Lisbon route* The European Commission has informed Brussels Airlines and TAP Portugal of its preliminary view that their codeshare cooperation on passenger services between (...)

The EU Commission opens a formal investigation concerning a network sharing agreement between two mobile phone companies (O2 CZ / CETIN / T-Mobile)
DG COMP (Brussels)
Antitrust: Commission opens formal investigation into mobile telephone network sharing in Czech Republic* The European Commission has opened an investigation into a network sharing agreement between two Czech operators of mobile telephony, O2 CZ / CETIN and T-Mobile CZ. The Commission will (...)

The Chinese NDRC and Beijing Development Reform Commission investigate the industries of Housing and Urban-Rural development finding quality control price policy breaches
Hogan Lovells (Beijing)
,
University of Melbourne
,
China Competition Bulletin (Beijing)
The NDRC and the Beijing Development and Reform Commission investigated the concrete industry management practices of the Beijing Municipal Commission of Housing and Urban-Rural Development (Beijing Development Commission), in particular its quality control price policy. On 24 December 2014, (...)

The Italian Lazio Administrative Court upholds almost all the findings of the Competition Authority of a collusion in public contracts procurement (School Cleaning Services)
Desogus Law Office (Cagliari)
The Regional Administrative Court for Latium (the Court) has recently handed down four judgments on the appeals filed against the infringement decision made by the Italian Competition Authority (ICA) in the School Cleaning Services case . By this decision the ICA found that Consorzio Nazionale (...)

The EU Commission Commission sends a statement of objections to an international sports association because of the possible incompatibility of its governance rules with competition law (International Skating Union)
Liège University - IEJE
,
Liege Competition and Innovation Institute
International sport governing bodies and competition law - up to a ‘ban of banning’ for participation in unauthorised events organized by rival governing bodies. European Commission ready to set an example with the International Skaters Union? After opening a formal investigation into the (...)

The Indian Competition Authority dismisses allegations of bid rigging against PVC vinyl flooring manufacturers (Responsive Industries / RMG Polyvinyl India / Premier Polyfilms)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) dismisses allegations of bid-rigging against in supply of PVC Vinyl flooring to railways* CCI by its order dated September 21, 2016 has dismissed allegation against manufacturers of PVC Vinyl flooring in relation to supply of “PVC Flooring (Vinyl) width (...)

The EU General Court rules on the legitimacy of settlement agreements in the pharmaceutical sector (Lundbeck)
Peters & Peters (London)
,
Peters & Peters (London)
Lundbeck - Buying off the competition* On 8 September 2016, the ECJ handed down its judgment in the latest battle between pharmaceutical companies and competition authorities over “pay for delay” agreements. The appeal of H Lundbeck A/S and Lundbeck Ltd (together “Lundbeck”) against the decision (...)

The Polish Competition Authority fines a professional association for anticompetitive conduct aimed at the governmental treatment of infertility programme (Association of Medical Centers)
Hansberry Tomkiel (Warsaw)
I. Introductory remarks In its decision no RŁO 4/2016 of 1st September 2016 (the “Decision”), the Polish Office for Competition and Consumer Protection (the “Competition Authority”) sanctioned the Association of Polish Centers of Infertility Treatment and Reproduction Development (the (...)

The Indian Competition Authority re-imposes fines on 11 major cement manufacturers for forming a cartel (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) re-imposes penalty on 11 cement companies for cartelisation* CCI by its order dated August 31, 2016 has re-imposed penalties on 11 cement manufacturers and Cement Manufacturers Association(CMA) for violation of Section 3(3)(a) and 3(3)(b) of the Act. The (...)

The Hungarian Competition Authority fines five suppliers of medical suture products for bid rigging and exempts one of them under the leniency provisions (Braun Medical / Chairman / Johnson&Johnson / Staplecare / SurgiCare / Variomedic)
Hungarian Competition Authority (Budapest)
,
Oppenheim (Budapest)
The Competition Authority of Hungary (GVH) has in August 2016 imposed fines on five suppliers of medical suture products (needles and threads for medical/hospital use) for bid rigging in an amount of around EUR 770.000, exempting one of them under the leniency provisions. The infringement was (...)

The Polish Supreme Court quashes the judgment of the Court of Appeal regarding inadequate explanation of the factual basis of the decision issued by the Competition Authority (The National Chamber of Notaries)
Office of Competition and Consumer Protection (Warsaw)
In its decision of 19 April 2010, the President of the Office of Competition and Consumer Protection (hereinafter the “Polish Competition Authority”) imposed a fine on the National Chamber of Notaries for anticompetitive conduct. The Polish Competition Authority found that the National Chamber of (...)

The Indian Competition Authority fines a professional association and its compliant pharmaceutical member company for anticompetitive agreements (Maruti & Company / KCDA Karnataka Chemists & Druggists Association / Lupin)
Vaish Associates, Advocates (New Delhi)
CCI again fines Pharma Company for Anti-Competitive Activities * The Competition Commission of India (“CCI/ Commission”) by way of its order dated 28.07.2016 has found the Karnataka Chemists and Druggist Association (“KCDA”) , Lupin Ltd. (“Lupin”) and their Office bearers to be in contravention of (...)

The Chinese NDRC sanctions three pharmaceutical companies for price fixing and joint boycotts (Huazhong Yaoye / Shandong Xinyi / Changzhou Siyao)
China Competition Bulletin (Beijing)
,
University of Melbourne
,
University of Melbourne
On 22 July 2016, the NDRC sanctioned 3 pharmaceutical companies for engaging in price fixing and joint boycotts in relation to estazolam tablets and active pharmaceutical ingredients (API), in breach of Articles 13(1)(1) and 13(1)(5) of the Anti-Monopoly Law (AML). The 3 companies (Huazhong (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s decision and removes penalites for cartelization in packaging materials for sugar (Indian Jute Mills Association / Gunny Trade Association)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside CCI order penalizing Jute Mills Association for alleged cartelization for packaging material for sugar, etc.* COMPAT by its order dated July 1, 2016 has over-ruled the order of CCI wherein the Indian Jute Mils Association (IJMA) and Gunny Trade Association (GTA) were (...)

The Indian Competition Authority clarifies that mere collusion or coordination is not enough to hold the Parties in contravention of the provisions of the Competition Act (Ruchi Soya Industries / Betul Oils / Ganganagar Commodity)
Vaish Associates, Advocates (New Delhi)
CCI: Mere collusion or coordination is not enough to hold the Parties in contravention of the provisions of the Competition Act* The CCI, by way of its order dated June 28, 2016 held that M/s Ruchi Soya Industries Ltd., M/s Betul Oils Ltd and M/s Ganganagar Commodity Ltd. were not in (...)

The Indian Competition Authority opens investigation into anticompetitive conduct by agricultural seed manufacturers (Kaveri Seed / Mahyco Monsanto Biotech / Maharashtra Hybrid Seeds)
Vaish Associates, Advocates (New Delhi)
CCI to investigate Monsanto Mahyco Monsanto Biotech (I) Limited & Ors.* The CCI, by way of its order dated June 9, 2016, directed the Director General (‘DG’) to investigate Mahyco Monsanto Biotech (I) Limited, Monsanto Holdings Private Ltd., Monsanto Inc., U.S.A. and Maharashtra Hybrid Seeds (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fines for bid rigging against 12 ordnance factory suppliers due to lack of evidence, investigation errors by the Indian Competition Authority and clarifies that identical bids are not prima facie collusive (Narendra Explosive)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on 12 suppliers to ordnance factories for indulging in cartelization for supplying raw material that is used for manufacturing of 81 mm bomb* COMPAT by its order dated May 10, 2016 has set-aside the order of CCI where it had imposed a penalty to the tune of (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for anticompetitive agreement against pharmaceutical company due to lack of evidence of said agreement (All Kerala Chemists and Druggists Association / Alkem Laboratories)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside CCI’s penalty on Alkem Laboratories for indulging in anti-competitive practices* COMPAT by its order dated May 10, 2016 has set-aside the order of CCI in so far as it had held that Alkem Laboratories Limited (Alkem) for violation of Section 3(1) of the Act and had imposed a (...)

The Frankfurt Court of Appeals refers how to treat bans on sales via third-party internet platforms to the European Court of Justice (Coty)
US Federal Trade Commission (FTC)
The question of how to treat bans on sales via third-party internet platforms in selective distribution systems and the impact of the Court of Justice’s Pierre Fabre ruling (see judgment of October 13, 2011, case C-439/09) have been on the agenda in Germany for some time. Recently, the Frankfurt (...)

The Indian Competition Appellate Tribunal (COMPAT) sends case back to the Indian Competition Authority because the Authority failed to give defendants notice for appeal before imposing fines and therefore violated the principle of natural justice (Jet Airways / InterGlobe Aviation / Spice Jet)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on domestic airlines and remands the matter back to the CCI* COMPAT by its order dated April 18, 2016 set-aside the penalty imposed on three domestic airlines by the CCI for alleged cartelization and remanded the matter back to the CCI for passing appropriate (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for alleged collusion by professional transport association due to lack of evidence by the Indian Competition Authority (Indian Foundation of Transport Research & Training / All India Motor Transport Congress)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on All India Motor Transport Congress (AIMTC) for alleged increases of transport rates in collusion* COMPAT by its order dated April 18, 2016 has set-aside the order of CCI where AIMTC was penalized for allegedly exhorting truck transporters for increasing (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses a bid rigging fine because multi-product companies are to be fined only on their case product turnover and because identical prices are not prima facie illegal (DG S&D / A. R. Polymers)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) sets-aside penalty imposed on Jungle Boot suppliers for alleged bid rigging* COMPAT by its order dated April 12, 2016 has set-aside the penalty imposed on suppliers of Polyester Blended Duck Ankle Boot Rubber Sole/ Appellants (Jungle Boots) against (...)

The Indian Competition Appellate Tribunal (COMPAT) asks the Indian Competition Authority to reconsider big-rigging fines issued against 47 LPG manufacturers (ECP Industries / SKN Industries / IOCL India Oil Corporation)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) directs Competition Commission of India (CCI) to reconsider penalties imposed on LPG manufacturers* COMPAT by its order dated March 1, 2016 has directed CCI to reconsider penalties imposed on the 47 LPG manufactures for bigrigging in procurement of 14.2 (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds dismissal of bid rigging case because in oligopolies identical bids are not prima facie anticompetitive (Faiveley Transport India / Knorr Bremse India)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds order of CCI closing bid-rigging case against railway suppliers of Axle Mounted Disk Braking System (ADBMS)* COMPAT by its order dated February 17, 2016 has upheld the order of CCI closing the case for bid-rigging for supply of Axle Mounted Disk Braking System (ADBMS) to Indian (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for anticompetitive conduct against a pharmaceutical association due to Indian Competition Authority’s failure at principles of natural justice during investigation (Rohit Medical Store / HPCDA Himachal Pradesh Chemist & Druggist Alliance)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on Himachal Pradesh Chemist & Druggist Alliance (HPCDA) on account of failure to observe principles of natural justice during investigation by the DG* COMPAT, by its order dated January 13, 2016, has set-aside the penalty imposed by the CCI on HPCDA and (...)

The Indian Competition Authority closes cartel case against general insurance public sector enterprises and their association (Association of Third Party Administrators / General Insurers’ Public Sector Association of India)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) closes case against General Insurance Public Sector Undertakings and their association for alleged cartelization* The CCI, by its order dated January 4, 2016, has closed a case alleging anti-competitive agreements between the four PSU general insurance (...)

The Indian Competition Appellate Tribunal (COMPAT) sends cement cartel case back to Indian Competition Authority because of failure to ensure compliance with principles of natural justice (Binani Cement / Builders’ Association of India)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal sets aside the order of Competition Commission of India against cement cartel* The Competition Appellate Tribunal (COMPAT) vide its recent order dated December 11, 2015 while allowing the appeals of the 10 appellants has set aside the order of the Competition (...)

The Indian Competition Appellate Tribunal (COMPAT) sends case of anticompetitive conduct against film distributors back to Indian Competition Authority for reconsideration (K Sera Sera Digital Cinema / Digital Cinema Initiatives)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) directs re-consideration by CCI against movie producers/ distributors for alleged cartelisation in setting unfair standards in cinema exhibition* COMPAT, by its order dated December 8, 2015 reversed the order of CCI dated April 22, 2015 which closed a (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for anticompetitive conduct against individual executive member of charged association due to lack of evidence against him and investigation errors (Swapan Kumar Karak / Competition Commission of India)
Vaish Associates, Advocates (New Delhi)
COMPAT quashes penalty for individual liability imposed on a member of Executive Committee of a pharmaceutical distributors’ association* COMPAT vide its order dated December 7, 2015 set-aside the penalty of INR 47, 63,579/- imposed by CCI on Shri Swapan Kumar Karak (Director, Karak (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against antivirus software company due to lack of dominance (Systweak Software / Symantec)
Vaish Associates, Advocates (New Delhi)
CCI closes case against an American Technology Company* CCI vide its order dated November 17, 2015 closed the case filed by M/s Systweak Software, engaged in the development and distribution of computer software operating with Windows and Mac Operating Systems, against an American based (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for boycott by pharmaceutical association against wholesaler because the wholesaler’s own conduct shows lack of any anticompetitive effect (Arora Medical Hall / Ferozepur Chemists & Druggists Association)
Vaish Associates, Advocates (New Delhi)
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 Indian Competition Appellate Tribunal (COMPAT) dismisses allegations of anticompetitive conduct against film chamber of commerce due to mistakes in investigation by Indian Competition Authority (Cinergy Independent Film Service / Andhra Pradesh Film Chamber of Commerce)
Vaish Associates, Advocates (New Delhi)
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 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 (FMCG) Association)
Vaish Associates, Advocates (New Delhi)
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 Indian Competition Authority dismisses allegations of bid rigging against 2 manufacturers of AMDBS brakes for trains because their last 3 bids were all accepted by the tender organizer (Faiveley Transport India / Knorr Bremse India)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) closes case against disc brake suppliers to Indian Railways on allegation of bid-rigging* CCI by its order dated September 8, 2015 dismissed allegations of bid-rigging against manufacturers of axle mounted disc brake system(AMDBS) used in coaches and power (...)

The Indian Competition Authority fines a state-wide association of film exhibitors for anticompetitive conduct against independently acting film distributors (Crown Theatre / KFEF Kerala Film Exhibitors Federation)
Vaish Associates, Advocates (New Delhi)
CCI penalises Kerala Film Exhibitors Federation* CCI by its order dated September 8, 2015 has found Kerala Film Exhibitors Federation (KFEF) violating section 3(3) (b) of the Competition Act, 2002 (Act). CCI found that the trade association, engaged in the business of exhibition of film in (...)

The Indian Competition Authority fines 3 trade associations in the film and TV markets for anticompetitive conduct (Kannada Grahakara Koota / Karnataka Film Associations)
Vaish Associates, Advocates (New Delhi)
CCI finds anti-competitive agreements between Karnataka film industry associations a violation of section 3(3) of the Act* CCI by its order dated July 27, 2015 has found that the agreements between film industry associations in the Karnataka a violation of section 3(3) of the Act. The CCI (...)

The EU Commission sends statement of objections to a credit card company regarding its cross-broder rules and inter-regional interchange fees (Mastercard II)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to MasterCard on cross-border rules and inter-regional interchange fees* The European Commission today has sent a Statement of Objections to MasterCard. The Statement of Objections outlines the Commission’s preliminary view that MasterCard’s (...)

The Indian Competition Authority dismisses allegations of bid rigging against 5 manufacturers of leather fabrics for trains (Responsive Industries & Others)
Vaish Associates, Advocates (New Delhi)
CCI closes case against fabric suppliers to Indian Railways on allegation of bid-rigging* CCI by its order dated July 1, 2015 dismissed allegations of bid-rigging against manufacturers of leather fabrics used in non-AC coaches on the Indian Railways. It was alleged that Responsive Industries (...)

The Indian Competition Authority exonerates an air transport association from accusations of anticompetitive agreements and price fixing (Air Cargo Agents Association of India / IATA International Air Transport Association)
Vaish Associates, Advocates (New Delhi)
CCI exonerates IATA for alleged anti-competitive agreement(s) and price-fixing* CCI by its order dated June 04, 2015 had exonerated IATA for alleged anticompetitive practices and abuse of dominance. The instant case was filed by Air Cargo Agents Association of India (ACAAI) against (...)

The Indian Competition Authority exonerates leading car manufacturer from accusations of anticompetitive agreement and abuse of dominance (Rooster Info / Maruti Suzuki)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Maruti Suzuki India Ltd. against allegations of anti-competitive agreement and abuse of dominant Position* CCI by its order dated May 28, 2015 exonerated Maruti Suzuki India Ltd (Maruti) for alleged contravention of sections 3 and 4 of the Act. The instant case was filed by (...)

The Indian Competition Authority clears 3 vertically related organizations in the housing market from allegations of collusion because their standard clauses are not proven to determine purchase prices (Bombay Dyeing / CREDAI / MCREDAI)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of cartelisation against Bombay Dyeing & Manufacturing Company Limited, Confederation of Real Estate Developers Association of India& Maharashtra Chamber of Housing Industries* CCI by its order dated May 19, 2015 exonerated Bombay Dyeing Manufacturing Company (...)

The Indian Competition Authority clears a fire safety equipment manufacturer from allegations of anticompetitive conduct and abuse of dominance (Agni Devices)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Agni Devices Pvt Ltd for anti-competitive agreement and abuse of dominant position* CCI by its order dated May 7, 2015 dismissed allegations of violation of sections 3 and 4 of the Act against Agni Devices Pvt. Ltd (Agni). The case was filed by Shri Ashok Kumar Sharma against (...)

The Indian Competition Authority starts investigating a taxi company for abuse of dominance through predatory pricing (Fast Track Call Cab / ANI Technologies - OLA Cabs)
Vaish Associates, Advocates (New Delhi)
Competition Commission launches investigation into OLA Cabs* By an order dated April 24 2015 the Competition Commission launched an investigation into M/s ANI Technologies Pvt Ltd (OLA Cabs) for alleged abuse of its dominant position by indulging in predatory pricing in the relevant market (...)

The Indian Competition Authority exonerates major telephone manufacturer from charges of anticompetitive practices due to lack of evidence (Samsung India)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Samsung from alleged anti-competitive practices* Competition Commission of India (“CCI”) by way its order dated December 5, 2014 has exonerated Samsung India from the charges of unfair business practices with respect to sale and supply of spare parts and equipments of Samsung’s (...)

The Indian Competition Authority exonerates a manufacturer of label printing machines from charges of anticompetitive conduct due to existence of competitors (Magnus Graphics / Nilpeter, SaiCom)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Nilpeter and SaiCom for alleged abuse of dominance* CCI by way of its order dated December 2, 2014 has exonerated Nilpeter India limited (“Nilpeter”) and SaiCom Codes Flexo Print Pvt. Ltd. (“SaiCom”) for alleged unfair business practices with respect to after sale service for (...)

The Indian Competition Authority orders coal company to cease and desist abuse of dominance in line with previous orders in 2 separate cases (Coal India)
Vaish Associates, Advocates (New Delhi)
CCI directs Coal India to cease & desist from unfair practices* On October 27, 2014, CCI issued two separate orders against Coal India Limited (CIL) and its subsidiaries for abusing their dominant position. The final orders were passed on the information’s filed by Mr. Bijay Poddar (BP) and (...)

The Indian Competition Authority fines 14 car manufacturers for unilateral practices and anticompetitive agreements in the markets for spare car parts and car maintenance (Shri Shamsher Kataria / Honda Siel Cars India)
Vaish Associates, Advocates (New Delhi)
CCI penalizes 14 major Car Companies a penalty of INR 2544.64 Crores* The CCI by way of order dated August 25, 2014 in Shri Shamsher Kataria Vs Honda Siel Cars India Ltd. & Ors. has imposed a total penalty of INR 2,544.65 crore at 2% of total turnover in India on the 14 major car (...)

The UK Office of Fair Trading takes the view that bilateral communications of retail prices between manufacturer and retailers are problematic (Sports Bras)
CRA International (London)
,
CRA International (London)
,
CRA International (London)
When do retail price communications between retailers and manufacturers become RPM?* Introduction Commercial negotiations between manufacturers and retailers necessarily involve a discussion of wholesale prices, but they may also involve a discussion of potential retail prices, including (...)

The Indian High Court of Delhi halts the Indian Competition Authority’s investigation of a dominant equipment manufacturer due to a jurisdiction challenge (JCB India / Competition Commission of India)
Vaish Associates, Advocates (New Delhi)
Delhi High Court stays commission investigation into JCB* The Competition Commission has initiated an investigation into JCB India Ltd and JC Bamford Exavators Ltd for alleged abuse of dominance pursuant to information filed by Bull Machines Pvt Ltd. In November 2011 JCB alleged before the (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s fine of a dominant glass tube manufacturer (Kapoor Glass / Schott Glass India)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside commission’s order in Schott Glass case* By way of its order dated April 2 2014, the Competition Appellate Tribunal (COMPAT) set aside the Competition Commission’s findings against Schott Glass. In March 2012 the commission imposed a fine of Rs56.6 million on Schott Glass for (...)

The Indian Competition Authority opens investigation of a professional education association for creating an entry barrier in the market it regulates (ICAI)
Vaish Associates, Advocates (New Delhi)
Investigation into ICAI over unfair and discriminatory education scheme* The Competition Commission has initiated an investigation into the Institute of Chartered Accountants of India (ICAI) for alleged abuse of dominance by imposing unfair and discriminatory conditions with respect to its (...)

The Indian Competition Authority fines 11 major cement manufacturers with a record fine for forming a cartel (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates, Advocates (New Delhi)
CCI imposes heaviest penalty against Cement cartel* Introduction Competition Commission of India (“CCI”) vide its order dated June 20, 2012 in Builders Association of India Vs Cement Manufactures (case no. 29/2010) has, inter alia, imposed a penalty at 0.5 % times of their profit for the year (...)

Unilateral Practices

The Indian Competition Authority dismisses abuse of dominance allegations because the defendant was not dominant in the "relevant period" (Amit Mittal / DLF New Gurgaon Home Developers) (Vijay Kapoor / DLF New Gurgaon Home Developers)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of abuse of dominant position against the DLF group* By way of an order dated August 31, 2018, the CCI has dismissed allegations of abuse of dominant position by DLF group. The case was closed since DLF was not found to be in a dominant position Gurgaon during the (...)

The Indian Competition Authority expands investigation against super specialty hospital in the "aftermarket" for healthcare products and services to their inpatients (Vivek Sharma / Becton Dickinson India / Max Super Specialty Hospital)
Vaish Associates, Advocates (New Delhi)
CCI orders further investigation by DG in alleged abuse of dominance by Max Super Specialty Hospital* The Commission by way of order dated August 31, 2018 directed the DG to conduct further investigations/analysis with emphasis on the relevant market in a case pertaining to an alleged abuse of (...)

The Indian National Company Law Appellate Tribunal (NCLAT) reverses the Indian Competition Authority’s decision
Vaish Associates, Advocates (New Delhi)
NCLAT quashes CCI order punishing Hyundai for Resale Price Maintenance and Tying-in* The National Company Appellate Tribunal (“NCLAT/ Tribunal ”) by way of an order dated August 19, 2018 , has set aside the CCI Order dated June 14, 2017 against Hyundai Motors India Ltd. (“Hyundai”) which (...)

The Turkish Competition Board finds abuse of dominant positions in the electricity sector and so imposes fines (Enerjisa)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) recently published Enerjisa decision of 8 August 2018 numbered 18-27/461-224 in which the Board assessed whether Enerjisa and its subsidiaries, all active in the electricity sector in Turkey, violated Article 6 of Law No. 4054 (...)

The EU Court of Justice holds that the actual effects of an infringement do not have to be taken into account as part of fine calculation in abuse of dominance cases (Orange Polska)
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Brussels)
On 25 July 2018 the CJEU dismissed an appeal by Orange Polska SA against a GCEU judgment upholding an EC decision that imposed a fine of more than EUR 127 million on Orange for abusing its dominant position. The CJEU confirmed that, as in the case of a cartel, the EC does not have to take (...)

The EU Commission fines tech company for illegal tying in the market for third-party mobile device manufacturing (Google Android)
Economists Incorporated (Washington)
European Commission Fines Google for Illegal Tying* The European Commission (“EC”) recently fined Google €4.34 billion, stating that “Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search.” (...)

The Indian Competition Authority fines joint venture for denying access to essential facility in the market for upstream terminalling services (East India Petroleum / South Asia LPG)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on South Asia LPG Company Ltd for abuse of dominant position- a classic case of denial of essential facility* The Competition Commission of India (CCI) by an order dated 11 July 2018, has imposed penalty of INR 19.2 Crore on South Asia LPG Company Ltd (‘SALPG’), a joint (...)

The US Supreme Court finds no abuse of dominance in dominant firm’s requirements against competitors because the market is a two-sided platform (American Express)
Economists Incorporated (San Francisco)
The Supreme Court’s American Express Decision – Two-sided Platforms and Harm to Consumers* The Supreme Court determined, in its June 2018 decision, that American Express (“Amex”) did not violate the antitrust laws by requiring merchants to refrain from encouraging patrons at the point of sale to (...)

The Indian Competition Authority opens investigation into abuse of dominance by oil and natural gas company in the market for charter hire of offshore support vehicles (Indian National Shipowners’ Association / Oil and Natural Gas Corporation)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation against Oil and Natural Gas Limited (‘ONGC’) for abuse of dominant position* The CCI by way of an order dated June 12, 2018 has directed investigation under Section 26(1) of the Act against ONGC for abusing its dominant position in the relevant market for “charter hire (...)

The Indian Competition Authority opens investigation into abuse of dominance by a diversified textiles manufacturer in the market for Viscose Staple Fibre (Grasim Industries)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation against Grasim Industries Ltd. (‘Grasim’) for abuse of dominant position* The CCI vide an order dated May 16, 2018 directed investigation against Grasim for abusing its dominant position in the relevant market for the sale of Viscose Staple Fibre in India. The (...)

The EU Court of Justice clarifies the concept of a "competitive disadvantage" arising from discriminatory pricing by a dominant undertaking on a downstream market (MEO - Serviços de Communicações e multimedia)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
The CJEU held that a finding of a “competitive disadvantage” as the result of discriminatory pricing by a dominant undertaking on a downstream market does not require demonstration of an actual and quantifiable deterioration of a customer’s competitive situation on that market. This notion (...)

The US Court of Appeals for the Third Circuit finds that the entry of ride-sharing firms into local taxi market increased rather than decreased competition (Philadelphia Taxi Association / Uber)
Economists Incorporated (Washington)
Third Circuit Rules in Uber’s Favor over Philadelphia Taxi Association Third Circuit Rules in Uber’s Favor over Philadelphia Taxi Association* In a recent decision, the Third Circuit upheld a November 2016 district court decision to dismiss a complaint by the Philadelphia Taxi Association and 80 (...)

The Indian Competition Authority opens investigation into abuse of dominance and imposition of vertical restraints by a scooter manufacturer (Honda Motorcycle and Scooter)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation against Honda Motorcycle and Scooter Private Ltd (Honda) for imposition of vertical restraints on its dealers and for abuse of dominant position* The CCI by its order dated March 14, 2018 has directed the Director General (“DG”) to investigate allegations of imposition (...)

The Indian Competition Authority fines a local development authority for abuse of dominance in the market for affordable housing (Satyendra Singh / Ghaziabad Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on Ghaziabad Development Authority (‘GDA’) for abuse of dominant position in Ghaziabad* By way of an order dated February 28, 2018, the CCI imposed penalty on GDA for abusing its dominant position in the relevant market of “provision of services for development and sale of (...)

The Turkish Competition Board imposes administrative fine on an electricity distribution company and subsidiary for abusing their dominant positions (Akdeniz Elektrik Dağıtım / CK Akdeniz Elektrik Perakende Satış)
Erdem & Erdem (Istanbul)
The Competition Board (“Board”), in its decision dated 20.02.2018 and numbered 18-06/101-52 (“Decision”)[1], has imposed an administrative monetary fine on Akdeniz Elektrik Dağıtım A.Ş. (“Akdeniz EDAS”) and CK Akdeniz Elektrik Perakende Satış A.Ş. (“CK Akdeniz”) for abusing their dominant positions in (...)

The Indian Competition Authority fines a global tech company for abuse of dominance in the market for online search and related advertising services (Matrimony.com / Consumer Unity & Trust Society / Google)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty of INR 136 Crores on Google for abuse of dominant position* The Indian anti-trust regulator, the Competition Commission of India (“CCI/ Commission”) seems to have let Google off with just a rap on the knuckles. CCI vide order dated February 8, 2018 has imposed a penalty of (...)

The EU Commission fines a manufacturer of baseband chipsets for abusing its dominant position by using loyalty rebates (Qualcomm)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
On 24 January 2018 the EC fined Qualcomm EUR 997 million for hindering competition on the market for Long-Term Evolution (LTE) basebands chips, in breach of Article 102 TFEU. Baseband chipsets, which enable smartphones and tablets to connect to cellular networks, are used both for voice and (...)

The Indian Competition Authority opens investigation into abuse of dominance and price discrimination by national media conglomerate in the market for cable TV distribution (Thiruvananthapuram Entertainment Network / Star India)
Vaish Associates, Advocates (New Delhi)
CCI opens investigation against Star India Pvt. Ltd. for alleged abuse of dominance / price discrimination* The Competition Commission of India (CCI) vide order dated December 29, 2017 has initiated an investigation against Star India Pvt. Ltd (“Star India/ Opposite Party”) for alleged violation (...)

The Supreme People’s Court of China finds no abuse of dominance in the central heating market (Bayannuer Sunshine Energy / Linhe Thermal Power Plant / Northern United Electric Power)
Beijing Foreign Studies University (Beijing)
Identification and Abuse Analysis of Market Dominance of Public Utilities: Thoughts of the Supreme People’s Court of China on Antitrust Litigation of Heating Units In December 2017, the Supreme People’s Court of China decided to reject the retrial application of Sunshine Energy Co., Ltd. in the (...)

The Indian Competition Authority reinstates fine against national governing body for cricket for abuse of dominance and granting of exclusive licenses (Board of Control for Cricket in India)
Vaish Associates, Advocates (New Delhi)
CCI re- imposes penalty of INR 52.24 crores on BCCI for abuse of dominance* The Competition Commission of India (“Commission/CCI”) vide its Order dated November 29, 2017 has re-imposed the penalty of INR 52.24 Crores on the Board of Control for Cricket in India (“BCCI”) after fresh inquiry that (...)

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)
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 Indian Competition Authority dismisses allegations of abuse of dominance against the largest national energy conglomerate (Tata Power Delhi Distribution / NTPC)
Vaish Associates, Advocates (New Delhi)
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 Indian Competition Authority dismisses abuse of dominance allegations against state corporation in the market for procurement of bus chassis (Uttar Pradesh State Road Transport Corporation)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of anti-competitive conduct against Uttar Pradesh State Road Transport Corporation* The CCI vide its order dated September 7, 2017 dismissed allegations of contravention of Section 3 and 4 by Uttar Pradesh State Road Transport Corporation (UPSRTC) (OP) by VE (...)

The EU Court of Justice orders new assessment in a case of abuse of dominant position by a semi-conductor company granting loyalty rebates (Intel)
The Capitol Forum (Washington)
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Dechert (Paris)
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Dechert (Brussels)
EU Court Orders New Assessment of Intel’s Rebates The Court of Justice of the European Union (CJEU) has quashed a ruling by the EU’s General Court which had upheld the European Commission’s (EC) 2009 finding of abuse of dominance by Intel Corporation Inc. Intel was fined €1.06 billion, a record at (...)

Roundtable: The EU Court of Justice reverses the General Court’s decision in an abuse of dominance case against a big tech company in the market for processors and rules that rebates should be judged under rule of reason (Intel)
Compass Lexecon (Brussels)
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The Graduate Institute for International and Development Studies (Geneva)
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Positive Competition (Brussels)
Roundtable Discussion on the ECJ ruling in Intel* On 6 September 2017, the European Court of Justice (“ECJ”) issued a landmark judgment where it set aside the judgment of the General Court (“GC”) in the highly debated Intel matter. This judgment is of particular significance because it provides (...)

The Australian Federal Court imposes a record penalty on a real estate company for false and misleading representations (We Buy Houses)
King & Wood Mallesons (Sydney)
Rotten Otton hit with highest ever ACL penalty* Following investigative action taken by the ACCC in 2015, the Federal Court has, yet again, broken its own record for penalties imposed under the ACL. In a warning to other companies offering wealth creation strategies that are too good to be (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a company in the market for radio taxi services and holds that high market share does not by itself constitute dominance (Fast Track Call Cab / ANI Technologies - OLA Cabs)
Vaish Associates, Advocates (New Delhi)
CCI closes case of alleged abuse of dominance by ANI Technologies Pvt. Ltd. (OLA)* The CCI vide order dated July 19, 2017 closed the case of alleged abuse of dominant position by OLA. The complaint against OLA was filed by Fast Track Call Cab Pvt. Ltd. and Meru Travel Solutions Pvt. Ltd. (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a pharmaceutical manufacturer due to lack of evidence of dominance (Sanofi)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of abuse of dominance against Sanofi* CCI vide its order dated July 19, 2017 has closed an allegation of abuse of dominant position against Sanofi India Limited (Sanofi). The Informant in the case sought confidentiality of his identity and hence was not named. The (...)

The Indian Competition Authority opens third investigation in a short amount of time into abuse of dominance by one of the largest national energy companies (Mohan Meakin / GAIL India)
Vaish Associates, Advocates (New Delhi)
GAIL comes under CCI scanner once again* The Competition Commission of India (‘CCI’) on a complaint filed by Mohan Meakin Ltd. has directed yet another investigation into alleged unfair market practices leading to abuse of dominant position by GAIL (India) Ltd. (‘GAIL’), vide its latest order (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a public bureau because it does not constitute an enterprise and hence does not fall under the Competition Act (Bureau of Indian Standards)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of abuse of dominance against the Bureau of Indian Standards* CCI vide its recent order dated June 29, 2017 has closed an allegation of abuse of dominant position against the Bureau of Indian Standards (BIS)and the Department of Consumer Affairs, Food and Public (...)

The Belgian Competition Authority decides not to take further action in press distribution services as exclusivity clauses were ceased and no abuse of dominance was found (VZW / AMP)
Janson Baugniet (Brussels)
On June 22, 2017, the investigatory body of the Belgian Competition Authority (hereafter, “the Auditorat”) decided to take no further action against AMP, after receiving a complaint from ASBL Prodipresse, VZW Vlaamse Federatie van Persverkopers and VZW Buurtsuper.be about exclusivity clauses in (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against government-controlled coal production company due to lack of dominance and lack of jurisdiction in other matters of the case (Singareni Collieries Company)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of abuse of dominance against Singareni Collieries Company Ltd.* The CCI vide its order dated June 12, 2017 has closed an allegation of abuse of dominant position against Singareni Collieries Company Limited (SCCL) in an information filed by Karnataka Power Corporation (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a company in the market for wireless telecommunications services and holds that financial strength does not by itself constitute dominance (Reliance Jio Infocomm)
Vaish Associates, Advocates (New Delhi)
CCI closes allegations of abuse of dominance against Reliance Jio* CCI vide its orders dated June 9, 2017 and June 15, 2017 closed allegations of abuse of dominant position against Reliance Jio Infocomm Limited (RJIL). The Informant in the first case was Bharti Airtel Limited (Airtel) and the (...)

The Indian Competition Authority clears dominant mobile messaging service from abuse of dominance allegations (Fight for Transparency Society / WhatsApp)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of abuse of dominance against WhatsApp* CCI vide its recent order dated June 01, 2017 has closed an allegation of abuse of dominant position against popular message service WhatsApp. The complaint against WhatsApp was filed by an individual Vinod Kumar Gupta on behalf of (...)

The Beijing Intellectual Property Court finds an ad-block app breaching unfair competition provisions ( Feihu Information Technology Tianjin Company and Sohu / Beijing Xiaoyi Interaction Network Technology)
University of Melbourne
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Hogan Lovells (Beijing)
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China Competition Bulletin (Beijing)
On 2 April 2017, the Beijing Intellectual Property Court upheld the first-instance judgement relating to an unfair competition claim brought by Feihu Information Technology Tianjin Company and Sohu against Beijing Xiaoyi Interaction Network Technology. Xiaoyi operated an app that could play 30 (...)

The Indian Competition Authority opens investigation into abuse of dominance by global agricultural company but closes case because of its similarity with other open cases against the same company (Sri Rama Agri Genetics India / Mahyco Monsanto Biotech India)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Mahyco Monsanto Group entities for abuse of dominance* CCI by its order dated March 14, 2017 has initiated an investigation against Mahyco Monsanto Group for abuse of dominance in relation to sub-license agreements through which Bt. technology is (...)

The Indian Competition Authority opens investigation into bid rigging by a state government department (Government of Haryana Public Works Department)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Public Works Department (PWD), Government of Haryana* CCI by its order dated 27 February 2017 has initiated investigation against PWR, Govt. of Haryana for abuse of dominance in relation to inviting of bids for construction of rail over bridge in Karnal (...)

The Indian Competition Authority opens investigation into abuse of dominance by a local development authority in the market for affordable housing (Satyendra Singh / Ghaziabad Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Ghaziabad Development Authority (GDA)* CCI by its order dated February 2, 2017 has initiated investigation against GDA for abuse of dominant position in relation to arbitrarily increasing price for sale of residential flats for economically weaker section in (...)

A Northern District Court of California Judge’s expresses possible abuses in asserting legal privilege (Qualcomm / FTC)
DLA Piper Weiss-Tessbach (Vienna)
U.S. Qualcomm Case Update: Privilege Assertions* On 22 March 2018, in a court hearing in the Qualcomm case, Judge Koh expressed her concern over possible abuses in asserting legal privilege over certain documents. In January 2017, the U.S. FTC sued Qualcomm, alleging that the company (...)

The Indian Competition Authority opens investigation into abuse of dominance by a local development authority (Sudarshan Kumar Kapur / Delhi Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Delhi Development Authority (DDA) * CCI by its order dated January 12, 2017 has initiated an investigation against the Delhi Development Authority (“DDA”) for abuse of dominant position in relation to delayed allotment of flats in the Middle Income Group (...)

The Indian Competition Authority finds the largest national commercial real estate developer guilty of abuse of dominance for the second time in a short period but refrains from imposing a second fine (DLF New Gurgaon)
Vaish Associates, Advocates (New Delhi)
CCI again finds DLF abusing its dominant position* CCI by its order dated January 04, 2017 has found DLF and its group entities abusing its dominant position by imposing unfair and discriminatory conditions /prices on Informants in violation of Section 4 of the Act. The case was filed by Shri (...)

The Shanghai Price Bureau fines a company for setting minimum prices in its distribution of pasteurised milk products (Speed Fresh)
University of Melbourne
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Hogan Lovells (Beijing)
,
University of Melbourne
On 27 December 2016, the Shanghai Price Bureau published its decision to fine Shanghai Speed Fresh Logistics Co., Ltd. (Speed Fresh) for setting minimum prices in its distribution of pasteurised milk products. The authority had completed its investigation on 13 July 2016. The Shanghai Price (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision for abuse of dominance against a coal company but cancels the fine due to the company already recently paying fine in a similar case (Sai Wardha Power / Coal India)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds the order passed by CCI against Coal India Limited for abuse of dominance* COMPAT by its order dated December 09, 2016 has upheld the order of CCI whereby it held that Coal India Limited and Western Coalfields Limited were acting independently of the market forces and enjoy (...)

The UK Competition Authority fines two pharmaceutical companies for charging excessive prices concerning an anti-epilepsy drug (Pfizer / Flynn)
British Competition Authority - CMA (London)
CMA fines Pfizer and Flynn £90 million for drug price hike to NHS* The CMA has fined pharma companies Pfizer and Flynn Pharma nearly £90 million for charging excessive prices to the NHS for an anti-epilepsy drug. The Competition and Markets Authority (CMA) has imposed a record £84.2 million fine (...)

The Indian Competition Appellate Tribunal (COMPAT) requests investigation into abuse of dominance by global taxi services company (Meru Travels Solutions / Uber India Systems)
Vaish Associates, Advocates (New Delhi)
COMPAT directs investigation against Uber India for Abuse of Dominance* COMPAT by its order dated December 7, 2016, has set aside the order dated February 10, 2016 of CCI closing the information filed against Uber India Systems Private Limited (“Uber”) for alleged abuse of dominant position and (...)

The Chinese NDRC fines an healthcare company for price fixing for 4% of its sales revenue on cardiovascular, restorative therapy and diabetes medical device products in China (Medtronic)
University of Melbourne
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Hogan Lovells (Beijing)
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China Competition Bulletin (Beijing)
On 7 December 2016, the NDRC announced that it had investigated and fined Medtronic for engaging in RPM in breach of the AML. The NDRC found that, since 2014, Medtronic had agreed with its distributors to limit the resale, tender, and minimum prices of its cardiovascular, restorative therapy, (...)

The Indian Competition Authority dismisses market sharing allegations against 4 companies in the market for Digital Projection Systems in cinema halls (Eskay Video / Real Image Media Technologies Mumbai)
Vaish Associates, Advocates (New Delhi)
CCI closes case against Real Image Media Technologies, Shree Venkatesh Films, UFO movies and Arti Cinemas Pvt. Ltd. for alleged anti-competitive practices and abuse of dominance* CCI by its order dated December 06, 2016 has closed the case against Real Image Media Technologies Mumbai, (OP-1) (...)

The Latvian Competition Authority identifies significant competition barriers in waste-management sector following its sector inquiry
Konkurences padome (Riga)
The CC finds Significant Competition Barriers in Waste-Management Sector* The Competition Council of Latvia (the CC) has identified a number of existing competition barriers created by both market structure and regulatory framework in the waste-management market in Latvia after commencing a (...)

The Paris Commercial Court declares void price and availability parity clauses formerly implemented by a hotel online booking company (Booking.com)
DLA Piper (Paris)
In a ruling issued on November 29th, 2016, the Paris commercial court (hereafter the “court”) declared void several provisions, including price and availability parity clauses previously in force, of Booking.com’s general terms of service governing its B2B relationships with hotels. Following an (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s decision and orders an investigation into national gas supplier for alleged unfair contractual terms (GIPCL Gujarat Industries Power Company / GAIL Gas Authority of India)
Vaish Associates, Advocates (New Delhi)
COMPAT orders investigation against Gas Authority of India Limited (GAIL) for abuse of dominance* COMPAT by order dated November 28, 2016 has set aside the order of CCI refusing investigation against GAIL for allegedly incorporating unfair terms and conditions in its gas supply agreements with (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a laptop manufacturer (S. K. Mittal / HP)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of abuse of dominance against HP* CCI, by its order dated November 10, 2016, has dismissed allegation of abuse of dominance against HP for defective products and spurious spare parts. In the Information filed by an individual, Dr. S.K. Mittal, who was essentially (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s decision for a second time and orders an investigation (K Sera Sera Digital Cinema / Digital Cinema Initiatives)
Vaish Associates, Advocates (New Delhi)
COMPAT orders investigation against producers of Hollywood movies* COMPAT by its order dated November 9, 2016 has ordered investigation against 6 producers of Hollywood films for the allegedly forcing a technology, called D-Cinema technology, for providing cinema screening under the auspices (...)

The Russian Competition Authority fines a supplier of water for abuse of dominance (Sevkavkazenegro)
Russian Federal Antimonopoly Service (Moscow)
Five fines upon a monopolist* On 26 October, the Office of the Federal Antimonopoly Service in the Republic of North Ossetia – Alania imposed five fines upon “Sevkavkazenegro” JSC, totalling 2,812,500 RUB. The penalty is imposed for abusing dominance. In April 2015, “Sevkavkazenegro” JSC (...)

Advocate General Wahl recommends that the EU Court of Justice grant an appeal against the judgement of the General Court, which had upheld a decision of the European Commission imposing a fine of € 1.06 billion for abuse of a dominant position (Intel)
Van Bael & Bellis (Brussels)
On 20 October 2016, Advocate General Wahl rendered his opinion on Intel’s appeal before the Court of Justice of the European Union (“CJEU”) against the judgement of the General Court, which had upheld a decision of the European Commission of 13 May 2009 imposing a fine of € 1.06 billion for abuse (...)

EU Court of Justice Advocate General Wahl delivers his opinion in a case regarding rebates and calls for a new approach to Article 102 (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Call for a common-sense approach to Article 102 - Advocate General Wahl on Intel* If AG Kokott in Post Danmark II was a 102 hawk – ordoliberal-redux, fossilizing form over function, economics on the “too difficult pile” for authorities and courts – then AG Wahl firmly sets out his stall as the 102 (...)

The French Supreme Court confirms fines imposed on undertaking for abusive limitation of generic entry (Sanofi-Aventis)
Van Bael & Bellis (Brussels)
On 18 October 2016, the French Supreme Court upheld the decision of the French Competition Authority (“FCA”) which had fined the pharmaceutical company Sanofi-Aventis over € 40 million for having abused its dominant position on the market for the active ingredient clopidogrel. Sanofi-Aventis was (...)

The Kunming Intermediate People’s Court decides a refusal to purchase in the market of refined oil not to be anti-competitive (Yunnan Yingding Biological Energy / Sinopec)
Hogan Lovells (Beijing)
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University of Melbourne
,
China Competition Bulletin (Beijing)
On 8 October 2016, the Kunming Intermediate People’s Court amended its first-instance decision in the refusal to deal dispute between Yunnan Yingding Biological Energy, a biodiesel company, and Sinopec’s branch in Yunnan. In December 2014, the court had originally decided the case in the (...)

The Indian Competition Authority opens investigation into abuse of dominance by national gas supplier against its customers (Rico Auto / Omax Autos / Rico Castings / GAIL Gas Authority of India)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Gas Authority of India Limited (GAIL) for alleged abuse of dominance* CCI by its order dated October 3, 2016 has directed investigation against GAIL for alleged abuse of dominant position in relation to gas supply agreements (GSAs) with its customers. The (...)

The Latvian Competition Authority fines two plasterboard suppliers for abuse of dominance (Knauf / Norgips)
Konkurences padome (Riga)
The CC fines with EUR 1.6 million two Plasterboard Suppliers of Knauf Group* On 30 September, the Competition Council of Latvia (the CC) fined SIA Knauf and Norgips sp. z o. o. (Poland), a parent company of SIA Norgips that is also a part of a Knauf Group, for abusing their market power by (...)

The Indian Competition Appellate Tribunal (COMPAT) sends case back to the Indian Competition Authority for reconsideration of investigation’s findings (Jaypee Greens)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) set-aside CCI decision exonerating Jaypee Group for abuse of dominance and remands the matter back for re-consideration* COMPAT by its order dated September 28, 2016 has set-aside the order of CCI in which the CCI exonerated Jaypee Group from allegations (...)

The Indian Competition Authority dismisses allegations of predatory pricing in the market for auto-rickshaw services (Vilakshan Kumar Yadav / ANI Technologies)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of predatory pricing against ANI Technologies Ltd. in New Delhi and NCR* The CCI has dismissed allegation of abuse of dominant position through predatory by Ola Cabs and Taxi For Sure operator ANI Technologies Pvt. Ltd. The Information was filed by three individuals (...)

The Indian Competition Appellate upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against a mining company in the market for chrome ore (All Odisha Steel Federation / Orissa Mining Corporation)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) upholds CCI order dismissing abuse of dominance allegation against Orissa Mining Corporation (OMC)* COMPAT by its order dated August 30, 2016 has upheld order of CCI which had dismissed allegations of abuse of dominance by OMC has been indulging in (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against global telecom provider in the market for international roaming services (Vishwambhar Marutirao Doiphode / Vodafone India)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds CCI order dismissing abuse of dominance allegation against Vodafone* COMPAT by its order dated August 16, 2016 has upheld order of CCI whereby it declined to order an investigation into the allegations of abuse of dominance by Vodafone India for levying exorbitant charges for (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s fine for discriminatory practices against a public undertaking due to objective justification (Indian Exhibition Industry Association / Ministry of Commerce and Industry / India Trade Promotion Organisation)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) sets aside penalty imposed on India Trade Promotion Organization for abuse of dominance* COMPAT by its order dated July 1, 2016 has set aside the penalty imposed by the Competition Commission of India (CCI) on India Trade Promotion Organization (ITPO) (...)

The People’s Court in Shanghai Pudong New Area finds that the unauthorised use of third-party information from review website is breaching the Chinese Anti-Unfair Competition Law (Dianping.com / Hantao / Baidu)
University of Melbourne
,
University of Melbourne
,
China Competition Bulletin (Beijing)
On 26 May 2016, the People’s Court in Shanghai Pudong New Area found in favor of Hantao in the company’s unfair competition lawsuit with Baidu. Dianping.com is a website owned by Hantao that collects local merchants’ information and attracts consumers to post reviews. Baidu was found to have (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for abuse of dominance against coal company due to the Indian Competition Authority’s failure to uphold principle of natural justice (Coal India)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty of INR 1,773 Crores penalty on Coal India Limited (CIL) by CCI* COMPAT by its order dated May 17, 2016 has set aside CCI’s order dated April 15, 2014 wherein CCI had fined Coal India Limited for imposing unfair and discriminatory conditions in its fuel supply (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against an airline company (Air India / InterGlobe Aviation)
Vaish Associates, Advocates (New Delhi)
COMPAT rules that IndiGo’s predatory recruitment of Air India’s trained pilots is not a competition issue but an employment issue* COMPAT by its order dated April 29, 2016 has upheld the CCI order dated February 10, 2016 refusing to intervene in the matter of predatory recruitment of Air India’s (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against international airport due to lack of evidence (AOC Airline Operators Committee / DIAL Delhi International Airport)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds CCI order dismissing abuse of dominance allegation against Delhi International Airport Limited (DIAL)* COMPAT by its order dated April 12, 2016 has upheld order of CCI which had dismissed allegations of abuse of dominance by DIAL in charging licence fee from airlines using the (...)

The Indian Competition Authority opens investigation into abuse of dominance by national athletics association (Department of Sports / Athletics Federation of India)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation against Athletics Federation of India (AFI) for abuse of dominance* CCI by its order dated March 16, 2016 has ordered detailed investigation against AFI for restricting organisation of marathons without permission for AFI. The case has been referred by the Department (...)

The Turkish Competition Board concludes that a new turnover rebate system does not constitute an abuse of dominance in the fuel wholesale market (Tüpraş / Ader)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) TÜPRAŞ decision of 16.03.2016, No. 16-10/159-70. The Board reviewed the allegations of abuse put forward by Akaryakıt Ana Dağıtım Şirketleri Derneği (“ADER”) against Türkiye Petrol Rafinerileri A.Ş. (“TÜPRAŞ”). TÜPRAŞ allegedly abused its (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision and clarifies requirements for interim injunction (Fast Track Call Cab / ANI Technologies - OLA Cabs)
Vaish Associates, Advocates (New Delhi)
COMPAT refuses interim relief to Fast Track Call Cabs in ongoing investigation against Ola for predatory pricing in radio taxi services in Bengaluru* COMPAT by its order dated March 9, 2016 has upheld the CCI order dated September 3, 2015 refusing to grant interim injunction against (...)

The Indian Competition Appellate Tribunal (COMPAT) refers case back to Indian Competition Authority for investigation and clarifies that governmental health office constitutes an "enterprise" under Competition Act (Biswanath Prasad Singh / DGHS Director General of Health Services)
Vaish Associates, Advocates (New Delhi)
COMPAT directs re-consideration of matter against Director General of Health Services & Others* COMPAT by its order dated March 1, 2016 has set-aside the decision of CCI whereby CCI has refused to order investigation against the Director General Health Services (DGHS) for discriminating (...)

The Indian Competition Authority exonerates television audience measurement agency from allegations of abuse of dominance due to lack of dominance in the relevant markets (Prasar Bharati / TAM Media Research)
Vaish Associates, Advocates (New Delhi)
CCI closes case against television audience measurement services agency* CCI by its order dated February 25, 2016 has closed a case alleging abuse of dominant position by the television audience measurement services agency, TAM Media Research Private Limited, in relation to the procedure (...)

The UK High Court throws out private claim for damages based on abuse of dominance in the online mapping sector (Streetmap / Google)
Constantine Cannon (London)
,
Constantine Cannon (London)
Google wins court battle against StreetMap in the UK*Google won a big victory Friday in the High Court of England and Wales, which ruled that Google did not abuse its dominant position to the detriment of the now-defunct UK online mapping provider, Streetmap.The Court’s ruling against (...)

The Indian Competition Authority opens investigation into abuse of dominance by global hybrid seeds manufacturer through its alleged excessive royalties (Ministry of Agriculture & Farmers Welfare / Mahyco Monsanto Biotech)
Vaish Associates, Advocates (New Delhi)
CCI to investigate global hybrid seeds giant Monsanto for abuse of dominance in relation to excessive royalties for Bt cotton seeds* CCI by its majority order dated February 10, 2016 has initiated a detailed investigation into the allegedly excessive royalty fee charged by Monsanto, Inc. (USA) (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against real estate company and promoter due to lack of dominance (Raghubir Mertia / Aura Real Estate / Waghere Promoters)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of abuse of dominant position against Aura Real Estate (ARE) and Waghere Promoters* CCI by its order dated January 7, 2016 dismissed the allegations of violation of abuse of dominant position against “ARE” and Waghere Promoters (collectively ‘Promoters’). It was alleged (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against airport operator and airport authority due to lack of evidence (Turbo Aviation / Bangalore International Airport / Airports Authority of India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of abuse of dominant position against Bangalore International Airport Limited (BIAL) and Airports Authority of India (AAI)* CCI by its order dated January 7, 2016 dismissed a case against KIAB and AAI for alleged abuse of its dominant position. The case was filed by (...)

The Indian Competition Authority opens investigation into abuse of dominance against sea port and coal terminal (Tamil Nadu Power Producers Association / Chettinad International Coal Terminal / Kamarajar Port)
Vaish Associates, Advocates (New Delhi)
CCI to investigate the Chettinad International Coal Terminal Pvt. Ltd. and Kamarajar Port Ltd. for alleged abuse of dominance* CCI by its order dated January 4, 2016 has initiated an investigation against Kamarajar Port Ltd. (the erstwhile Ennore Port) and Chettinad International Coal Terminal (...)

The Indian Competition Authority dismisses allegations of predatory pricing in the market for taxi services due to lack of dominance (Meru Travel Solutions / Uber India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses case alleging predatory pricing against Uber India* CCI on December 22, 2015 ordered prima-facie closed the case for an alleged abuse of dominance under section 4 of the Act against taxi services provider, Uber. The case was filed by Meru Travel Solutions Private Ltd. (Meru) (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against petroleum refiner due to lack of dominance (AnjaniSut Fuel / Reliance Industries)
Vaish Associates, Advocates (New Delhi)
CCI closes two cases against Reliance Industries Limited* CCI by its order dated November 17, 2015 ordered dismissed allegations of violation of Section 4 of the Act, in an information filed by AnjaniSut Fuel (Informant) against Reliance Industries Ltd.(RIL) In order to obtain the dealership (...)

The Indian Competition Authority opens investigation into abuse of dominance by syringe manufacturer and group of hospitals (Vivek Sharma / Becton Dickinson India / Max Super Speciality Hospital)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Max Super Specialty Hospitals for alleged abuse of dominance* The CCI in its order dated November 17, 2015, has directed the Director General (DG) to conduct an investigation against Max Super Specialty Hospital (“Max”) and M/s Becton Dickinson India (P) Ltd. (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against educational trust and real estate developer due to lack of dominance (Geeta Kapoor / DLF Qutab Enclave Complex Educational Charitable Trust)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of anti-competitive practices against DLF Ltd* The CCI by its order dated November 17, 2015 dismissed allegations against DLF Qutab Enclave Complex Educational Charitable Trust (the Trust) and DLF Ltd.. It was alleged by the Informant, Ms. Geeta Kapoor, that the Trust (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against state owned miner but as concession asks the miner to review its scheme for e-auctions of coal (DB Power / Coal India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of abuse of dominant position against Coal India Ltd. (CIL) and directs CIL to examine the e-auction scheme afresh* CCI in its order dated November 17, 2015 dismissed allegations of unfair business practices against the state owned miner, CIL. In a complaint filed by (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against international airport in the market for office space rentals (AOC Airline Operators Committee / DIAL Delhi International Airport)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of abuse of dominant position against Delhi International Airport Ltd. (DIAL)* CCI by its order dated November 17, 2015 dismissed a case against DIAL for alleged abuse of its dominant position by charging high rentals for office space from some of the airlines. The (...)

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 own relevant market (Jaiprakash Associates / Jaypee Infratech)
Vaish Associates, Advocates (New Delhi)
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 Indian Competition Authority dismisses allegations of abuse of dominance against cable TV provider by TV station running news stories against State Government due to lack of evidence (Makkal TV / Tamil Nadu Arasu Cable TV)
Vaish Associates, Advocates (New Delhi)
CCI closes case against Tamil Nadu Arasu Cable TV Corporation Ltd.* CCI by its order dated September 29, 2015 has closed the case against Tamil Nadu Arasu Cable TV Corporation (OP), for alleged indulging in unfair and discriminatory practices with regard to collection of carriage fee from (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a state tax department because challenged activities do not make it an "enterprise" and therefore Competition Act has no jurisdiction (Taj Pharmaceuticals / The Department of Sale Tax & Professional tax)
Vaish Associates, Advocates (New Delhi)
CCI closes case of abuse of dominance and unfair trade practices against Maharashtra’s Department of Sales Tax* The CCI in its order dated September 29, 2015 dismissed allegations against Departments of Sales Tax/Professional Tax (Department).Taj Pharmaceuticals(Informant) complained that the (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against 7 power distribution companies across 4 states due to the jurisdiction being under electricity regulators rather than Competition Act (Open Access Users Association / Tata Power Delhi Distribution)
Vaish Associates, Advocates (New Delhi)
CCI dismisses a case against seven power distribution companies across four states* CCI vide its order dated September 29, 2015 closed the case alleging abuse of dominant position by seven power distribution companies, including three from the National Capital and remaining others from Punjab, (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against newspaper’s online portal (Cloudwalker Streaming Technologies / Bennett, Coleman and Company)
Vaish Associates, Advocates (New Delhi)
CCI closes case against a daily newspaper of Times Group in Mumbai* The CCI by its order dated September 29, 2015 dismissed case against a daily newspaper of Times Group Bombay Times online portal www.halfticket.tv, managed by Cloudwalker Streaming Technologies Private Limited (“Informant”) and (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against an agent distributing academic journals, finds that agent is not dominant in the national market (Global Information Systems Technology)
Vaish Associates, Advocates (New Delhi)
CCI dismisses case against agent of global academic journal publishers in India* CCI by its order dated August 25, 2015 has dismissed a case against Global Information Systems Technology Pvt. Ltd. (GIST) for alleged abuse of dominance. It was alleged that the All India Council for Technical (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a supplier of branded sanitary ware and bathroom fittings, because the defendant is not a dominant firm in the relevant market (Jaquar)
Vaish Associates, Advocates (New Delhi)
CCI dismissed case against sanitary ware-maker Jaquar* CCI by its order dated August 20, 2015 dismissed case against Jaquar & Co. Pvt. Ltd. for alleged abuse of its dominant position and entering into anti-competitive agreements with its dealers in Jaipur. The Informant alleged that since (...)

The Indian Competition Authority closes investigation into abuse of dominance by the national railway company and associated catering and hospitality company, clears both defendants (Indian Railways / IRCTC)
Vaish Associates, Advocates (New Delhi)
CCI closes case against Indian Railway Catering and Tourism Corporation (IRCTC) and Ministry of Railways for alleged abuse of dominance* The CCI by its order dated August 10, 2015 has closed a case alleging abuse of dominance by IRCTC along with Ministry of Railways. The Informants had alleged (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against 4 State Governments’ Departments of Information and Public Relations because those Departments are not dominant in local advertising markets (Departments of Information and Public Relations)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of abuse of dominance against various States’ Department of Information and Public Relations* CCI by its order dated August 5, 2015 dismissed allegations against Departments of Information and Public Relations of various State Governments. It was alleged that the (...)

The Indian Competition Authority fines the 15th car manufacturer for unilateral practices and anticompetitive agreements in the markets for spare car parts and car maintenance (Shri Shamsher Kataria / Honda Siel Cars India)
Vaish Associates, Advocates (New Delhi)
CCI imposes a suspended penalty of INR 420 Crore on Hyundai Motor India Ltd. (HMIL)* CCI by its order dated July 27, 2015 has imposed a suspended penalty on HMIL. In continuation of the earlier order of CCI against car manufacturers, wherein the 14 car manufacturers were penalised for abusing (...)

The Indian Competition Authority exonerates global computer manufacturer from allegations of abuse of dominance in the market for x86 servers (Surana and Surana / Dell India)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Dell India Pvt. Ltd against allegations of abuse of dominant position* CCI by its order dated 10 June 2015 dismissed from allegations of involvement in anti-competitive practices and abuse of dominant position against Dell India Pvt. Ltd (DIPL). The case was filed by M/s Surana (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a global media company in the national cinema market (K Sera Sera Digital Cinema / NBC Universal)
Vaish Associates, Advocates (New Delhi)
CCI dismisses cases against M/s NBC Universal Media Distribution Services Pvt. Ltd for anticompetitive agreements and abuse of dominant position* CCI by its order dated June 4, 2015 dismissed case against NBC Universal Media Distribution Services Pvt. Ltd (NBC), M/s UFO Movies India Ltd (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a bank in the national market for commercial and corporate loans (Bank of Baroda)
Vaish Associates, Advocates (New Delhi)
CCI dismissed allegations of anti-competitive agreement and abuse of dominant position against Bank of Baroda* CCI by its order dated June 2, 2015 exonerated Bank of Baroda (Vadodara, Gujarat) (BOBG) and Bank of Baroda (Nainital, Uttarakhand) (BOBN) for alleged anticompetitive practices and (...)

The Indian Competition Authority opens investigation into abuse of dominance by local developer company (Jaypee Greens)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Jaypee Greens* CCI by its order dated May 21, 2015 has initiated an investigation against M/s Jaypee greens for alleged abuse of dominance in the relevant market for “the services of development and sale of residential units in Noida and Greater Noida” on (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a fast food restaurant chain in the market for franchisee services (Doctor’s Associates / Subway International / Subway Systems India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses case against Doctor’s Associates Inc, Subway International, Subway Systems India Private Limited alleging abuse of dominance and anti-competitive activities* CCI vide its order dated May 13, 2015 exonerated Doctor’s Associates Inc (DA), Subway International (SI), Subway Systems (...)

The Indian Competition Authority finds the largest national commercial real estate developer guilty of abuse of dominance in a local market for apartments (DLF Gurgaon)
Vaish Associates, Advocates (New Delhi)
CCI holds DLF’s Buyer’s Agreement abusive and unfair* CCI by its order dated May 12, 2015 held that DLF Group abused its dominant position in the Gurgaon apartment buyers market by imposing abuse terms and unfair terms and conditions. CCI directed DLF and its group companies to cease and desist (...)

The Indian Competition Authority investigates mobile telephony SEP holder for practices contrary to FRAND terms (iBall / Ericsson)
Vaish Associates, Advocates (New Delhi)
CCI commences another investigation against Ericsson in relation to Standard Essential Patents (SEPs)* CCI by its order dated May 12, 2015 has initiated an investigation against M/s Telefonaktiebolaget L M Ericsson (Publ) & M/s Ericsson India Private Limited for alleged contravention of (...)

The Indian Competition Authority exonerates government departments from abuse of dominance charges on the grounds that state authorities do not fall under provisions of the Indian Competition Act (Builders Association of India / State of Kerala)
Vaish Associates, Advocates (New Delhi)
CCI exonerates state of Kerala, Kerala Public Works Department, Kerala State Construction Corporation and, Finance Department, Kerala for alleged abuse of dominance* CCI by its order dated May 12, 2015, rejecting the allegations of Builders’ Association of India (Kerala Chapter) (BAI), held (...)

The Supreme Court of India upholds decision by Competition Appellate Tribunal to impose a record penalty on the largest national commercial real estate developer (DLF)
Vaish Associates, Advocates (New Delhi)
SC orders DLF to deposit penalty imposed by CCI* Supreme Court by way of its order dated August 27, 2014 directed DLF to deposit the penalty amount of INR 630 crore within a period of 3 months. The Court further directed DLF to deposit INR 50 crore within a period of 3 weeks as a (...)

The Indian Competition Authority opens investigation into abuse of dominant position by state electricity distributor (Vidharbha Industries Association / MSEB Holding Co. Limited & Ors)
Vaish Associates, Advocates (New Delhi)
CCI orders investigation against MSEDCL for market abuse* Pursuant to an information filed by Vidharbha Industries Association (VIA), CCI has directed DG to conduct an investigation into alleged abuse of dominant position by Maharashtra State Electricity Distribution Co. Ltd (MSEDCL). CCI (...)

The EU General Court upholds the EU Commission’s record fine and states that exclusivity-inducing rebates are anticompetitive by default (Intel)
DG COMP (Brussels)
Intel and the future of Article 102* A test-case for the effects-based approach In a long-awaited ruling, last week’s General Court judgment has confirmed the Commission’s 2009 Intel decision. The Commission’s decision had found the chip producer to infringe competition rules by granting (...)

The Indian Competition Authority fines the largest national commercial real estate developer for not complying with a cease and desist order(DLF)
Vaish Associates, Advocates (New Delhi)
DFL fined Rs24.1 million for non-compliance* The informant in Case 67/2010 filed an application with the Competition Commission under Section 42 of the Competition Act, alleging that Delhi Land & Finance (DLF) had not complied with the commission’s final order dated January 31 2012, which (...)

The Indian Competition Authority starts investigation into abuse of dominance by the national railway company and associated catering and hospitality company (Indian Railways / IRCTC)
Vaish Associates, Advocates (New Delhi)
Investigation into Indian Railways and IRCTC for abusive practices* The Competition Commission has initiated an investigation against Indian Railways and Indian Railway Catering and Tourism Corporation (IRCTC) for abusing its dominant position. The informant had alleged that IRCTC was abusing (...)

The UK Office of Communications (Ofcom) dismisses case in pricing wholesale calls and distinguishes between technical margin squeeze and abuse of dominance (Thus / Gama Telecom / BT)
British Competition Authority - CMA (London)
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CRA International (London)
When is a margin squeeze not an abuse?* On 20 June 2013 Ofcom closed its long-running investigation of BT’s pricing of its Wholesale Calls product with a “no grounds for action” decision. The investigation, which commenced in August 2008, focused on allegations of margin squeeze made by THUS plc (...)

The High Court of Delhi upholds the Indian Competition Authority’s decision that the national railways constitute an "enterprise" under the Competition Act and therefore fall within its jurisdiction (Union of India / Competition Commission of India)
Vaish Associates, Advocates (New Delhi)
Indian Railways held to be “enterprise” under the Act* The Delhi High Court vide its Order dated February 23, 2012, in a Writ Petition filed by the Ministry of Railways through Union of India, challenging the Order of the CCI holding that Indian Railways is an enterprise and hence amenable to (...)

The Indian Competition Authority issues penalty against unfair contracts for purchase of flats and for the first time in India focuses on "exploitative" rather than "exclusionary" abuse of dominance (Belaire Owner’s Association / DLF / Haryana Urban Development Authority)
Vaish Associates, Advocates (New Delhi)
DLF fined INR 630 Crores (INR 6.3 billion) by CCI for abusing the dominant position* Introduction Competition Commission of India (“CCI”) vide an order dated August 12, 2011 in Belaire Owner’s Association vs. DLF Limited and HUDA. (Case no. 19/2010) has, inter alia, imposed a penalty at the rate (...)

The Canadian Competition Tribunal dismisses allegations of refusal to deal in the first case under amended Section 75 of Canadian Competition Act (B-Filer / The Bank of Nova Scotia)
CRA International (Toronto)
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CRA International (Toronto)
Tribunal Dismisses B-Filer’s Refusal to Deal Application* On December 20, 2006, the Competition Tribunal released its decision in B-Filer Inc. v. The Bank of Nova Scotia, the first fully contested case under the amended Section 75 of the Competition Act and the first contested case brought as a (...)

Mergers

The Indian Competition Authority approves transfer of cement assets between 2 companies in different cement markets (Century Textiles and Industries / Ultratech)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of the cement assets of Century Textiles and Industries Limited by Ultratech* Vide its order dated August 21, 2018, the CCI approved the acquisition of the cement assets of Century Textiles and Industries Limited (Target) by Ultratech, The Target had a total cement (...)

The Indian Competition Authority approves acquisition of higher stake in B2B company by horizontal competitor because their relevant market share is below 5% (Walmart / Flipkart)
Vaish Associates, Advocates (New Delhi)
CCI approves Walmart’s acquisition of majority stake in Flipkart* The CCI vide its order dated August 8, 2018 approved Walmart International Holding’s acquisition of 51% to 77% of the outstanding shares of Flipkart Private Limited. The CCI noted that both the parties are engaged in B2B sales (...)

The Indian Competition Authority approves acquisition of 100% stake in steel and power business by a competing steel business after finding no major concerns during economic analysis (Bhushan Power and Steel / Tata Steel)
Vaish Associates, Advocates (New Delhi)
CCI approves Tata Steel’s acquisition of Bhushan Power and Steel limited* The CCI by way of order dated August 6, 2018 approved the acquisition of up to 100% of the issued and paid up share capital of Bhushan Power and Steel Limited (‘Target’) by Tata Steel Limited. The Target is currently (...)

The French Competition Authority fines a retailer for failing to comply with its divestment commitments (Fnac / Darty)
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
On 27 July 2018 the French Competition Authority (FCA) imposed a EUR 20 million fine on Fnac Darty for failing to comply with its divestment commitments following Fnac’s acquisition of the Darty group. This is the first time the FCA has imposed a fine on a company for failing to comply with a (...)

The German government opposes foreign investment in electrical infrastructure due to security concerns (State Grid Corp / 50Hertz)
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
Non-EU inward investors in Germany should be aware of recent developments in German Government policy towards foreign investment in strategic infrastructure and security sensitive areas. Electricity infrastructure is an area that is particularly sensitive for strategic and security (...)

The French Economic and Finance minister authorises a merger in the food sector, after using his power of re-examination for the first time (Cofigéo / Agripole)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
Article L. 430-7-1, II of the French Commercial Code provides that the French Minister of Economy and Finance has the power to re-examine a merger within 25 working days after receiving the French Competition Authority (FCA) decision, for reasons of public interest other than safeguarding (...)

The Indian Competition Authority approves acquisition of global agricultural company by global pharmaceutical company subject to permanent divestments and 7-year FRAND licensing of genetically modified and non-GM agricultural products (Bayer AG / Monsanto)
Vaish Associates, Advocates (New Delhi)
CCI approves the acquisition of Monsanto by Bayer AG subject to structural modifications* The CCI by its order dated June 14, 2018 has approved the proposed acquisition of Monsanto Company (Monsanto) by Bayer Aktiengesellschaft (Bayer). The CCI approved the proposed combination, subject to the (...)

The US FTC conditionnaly approves a vertical merger in the defense industry to behavioural remedies (Northrop Grumman / Orbital ATK)
McDermott Will & Emery (Washington)
Aerospace & Defense Series: Behavioral Remedies Remain a Viable Solution for Vertical Mergers in the Defense Industry* Summary The recent FTC decision in the Northrop Grumman / Orbital ATK matter has shed light on the agency’s vertical merger enforcement policy and outlined a path to (...)

The EU Court of Justice clarifies the scope of gun jumping prohibition by excluding cooperation agreements which don’t contribute to the change in control of the target business (Ernst & Young)
Bryan Cave Leighton Paisner (Brussels)
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Bryan Cave Leighton Paisner (London)
EUROPEAN COURT OF JUSTICE CLARIFIES SCOPE OF GUN JUMPING PROHIBITION* Over the last year, we have noted an increased crackdown by competition agencies on so-called “gun jumping” – that is, the implementation of a merger before mandatory merger clearances are received. On 31 May 2018, the European (...)

The EU Court of Justice provides guidance on the merger notification obligation in the EU regulation (Ernst & Young)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
European Court of Justice Provides Guidance on Scope of the Standstill Obligation Enshrined in the EU Merger Regulation* Pursuant to the EU merger control rules, a transaction that falls within the purview of the EU Merger Regulation (EUMR) must be notified to the European Commission (...)

The Competition and Consumer Commission of Singapore prohibits a proposed merger in the market of supply of maritime products so the companies abandoned the deal (Wilhelmsen Maritime Services / Drew Marine Technical Solutions)
Baker McKenzie (Singapore)
Merger Control Infringement Decision - Consumer Commission of Singapore* On 25 May 2018, the Competition and Consumer Commission of Singapore (’CCCS’) provisionally concluded that the proposed merger between Wilhelmsen Maritime Services AS (“WMS”) and Drew Marine Technical Solutions (“DMTS”) was (...)

The EU General Court annuls the Commission’s rejection of an airline’s request for a waiver of pricing commitments, ordering that they be reviewed (Lufthansa)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
Deutsche Lufthansa AG is a joint founder member of Star Alliance, the largest global airline alliance. In addition to the Star Alliance Agreement, Lufthansa concluded with Scandinavian Airlines System (SAS) a bilateral alliance agreement, a marketing and sales agreement, and a bilateral joint (...)

The US FTC conditionally clears a merger subject to divestitures in the pharmaceutical market (Amneal / Impax)
Weil, Gotshal & Manges (Washington)
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Weil, Gotshal & Manges (Washington)
FTC Applies its Merger Remedy Best Practices and Announces a New Divestiture Principle in Recent Pharmaceutical Enforcement Action* On April 27, 2018, the Federal Trade Commission (“FTC”) announced a proposed consent agreement with Amneal Pharmaceuticals LLC (“Amneal”) and Impax Laboratories, Inc. (...)

The EU Commission imposes a record fine of 124.5 million euros for gun-jumping in relation to a merger in the telecommunications sector (Altice / PT Portugal)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
When drawing up an acquisition agreement in a transaction that will be notifiable to the EC for clearance under the EUMR, the acquirer must ensure that any veto or similar rights that it has prior to implementation of the transaction are strictly limited to that which is necessary to preserve (...)

The EU Commission imposes a fine of €124.5 million for gun jumping to a multinational cable and telecommunications company (Alice / PT Portugal)
Bryan Cave Leighton Paisner (London)
COMMISSION IMPOSES UPON DUTCH CABLE & TELCO COMPANY ALTICE A RECORD FINE OF €125 MILLION FOR GUN JUMPING UNDER THE EU MERGER REGULATION* On 24th April 2018 the European Commission announced that it had imposed a fine of €124.5 million on Altice, the multinational cable and telecommunications (...)

The Indian Competition Authority unconditionally approves acquisition of a corporate debtor for the first time under the new Insolvency and Bankruptcy Code (Binani Cement / Rajputana Properties)
Vaish Associates, Advocates (New Delhi)
CCI approves initial transactions notified under the Insolvency and Bankruptcy Code, 2016* The CCI vide its order on March 7, 2018, unconditionally approved the proposed acquisition of Binani Cement Ltd by Rajputana Properties, subsidiary of Dalmia Bharat Cement Ltd. This is the first (...)

The US Federal Trade Commission challenges merger in the market for marine water treatment chemicals due to the potential negative effects on the relevant market’s large customers (Drew Marine Group / Wilhelmsen Maritime Services)
Economists Incorporated (Washington)
FTC Alleges “Global Fleets” in Challenge to Wilhelmsen’s Acquisition of Drew Marine* The Federal Trade Commission (“FTC”) recently issued an administrative complaint and amended complaint challenging the proposed acquisition of Drew Marine Group (“Drew”) by Wilhelmsen Maritime Services (...)

The Competition Authority of Botswana conditionally approves a merger with public interest conditions in the fast food restaurant market (Bradleymore’s Holdings)
Primerio (Washington)
COMPETITION AUTHORITY APPROVES KFC FRANCHISE M&A WITH PUBLIC-INTEREST CONDITIONS* On 7 February 2018 the Competition Authority of Botswana (“The Competition Authority”) approved, with conditions, the acquisition by Bradleymore’s Holdings (Pty) Ltd (“Bradleymore’s”), which is incorporated in (...)

The US FTC announces that the Hart-Scott-Rodino premerger notification program will be raised about 4.4 percent from the 2017 levels
Dechert (New York)
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Dechert (Washington)
HSR Filing Threshold Increases to US$84.4 Million HSR Act or Rule Provision2018 Indexed Value US$50 million size-of-transaction test US$84.4 million US$200 million size-of-transaction test US$337.6 million US$100 million size-of-person test US$168.8 million US$10 million size-of-person (...)

The South African Competition Commission publishes its recommendations for approving conditionally a merger in the market of petroleum (Sinopec / Chevron)
Primerio (Washington)
MERGER CONTROL: PUBLIC INTEREST & SINOPEC/CHEVRON* WHEN THE STICK IS GREATER THAN THE CARROT While China Petroleum & Chemical Corporation (Sinopec), and global commodities trader and miner Glencore are the front runners in a bid to buy Chevron’s South African Business (Chevron SA), it (...)

The Indian Competition Authority approves acquisition of major IT company’s retail mobile telephony business by its telecom competitor (Airtel / Tata Teleservices)
Vaish Associates, Advocates (New Delhi)
CCI approves Airtel-Tata Teleservices Deal* CCI vide its order dated November 16, 2017 has approved the acquisition of consumer mobile business or retail mobile telephony business of Tata companies by Airtel. The deal comes at a time when the telecom sector, bruised by tariff war and mounting (...)

The Indian Competition Authority unconditionally clears merger between an international and a national telecommunications company but also warns that parties must comply with DoT Merger Guidelines by the Ministry of Communications and Information Technology (Bharti Airtel / Telenor)
Vaish Associates, Advocates (New Delhi)
India: CCI approves combination of Bharti Airtel and Telenor* The CCI vide its order dated 30 May, 2017 has approved the amalgamation of Telenor India along with its assets, liabilities, interests and obligations with Airtel through a court driven scheme of merger. Airtel, a part of the (...)

The Chinese MOFCOM requires divestitures and behavioural commitments to approve a merger in the market of agrochemical products, material science products and speciality products (Dow / DuPont)
University of Melbourne
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University of Melbourne
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Hogan Lovells (Beijing)
On 29 April 2017, the MOFCOM approved the merger between Dow and DuPont, subject to structural and behavioural conditions. The merger notification was submitted on 21 March 2016, which was accepted as complete on 6 May 2016. The review went into an extended phase 2, and the parties withdrew (...)

The FTC announces that the Hart-Scott-Rodino premerger notification program will be raised about from the 2016 levels
Dechert (New York)
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Dechert (Washington)
HSR Filing Threshold Increases to US$80.8 Million HSR Act or Rule Provision2017 Indexed Value US$50 million size-of-transaction test US$80.8 million US$200 million size-of-transaction test US$323.0 million US$100 million size-of-person test US$161.5 million US$10 million size-of-person (...)

The Indian Competition Authority fines merging parties for failure to disclose global acquisition of the healthcase antisepsis business (Schulke / ASP Division of Ethicon)
Vaish Associates, Advocates (New Delhi)
CCI penalizes Schulke and Mayr GmBH (Schulke) for delayed filing in relation to the acquisition of Healthcare Antisepsis Solutions (HAS) business of Johnson & Johnson Private Limited (JJPL)* CCI, by its order dated January 13, 2017 has imposed a penalty of INR 25,00,000 on Schulke on (...)

The Indian Competition Authority clears acquisition of sole ownership over global glass manufacturer by global chemicals and biofuels company (Guardian / Koch Industries)
Vaish Associates, Advocates (New Delhi)
CCI approves combination of Koch Industries and Guardian Industries under sub- section (1) of section 31 of the Act* CCI by its order dated January 4, 2017, has given the approval to the acquisition of 55.50 percent shares of Guardian Industries Corp. (“Guardian”) by Koch Industries Inc. (KII). (...)

The Chinese MOFCOM conditionnaly clears a merger in the vascular closure devices market (Abbott Laboratories / St Jude Medical)
Hogan Lovells (Beijing)
,
University of Melbourne
,
China Competition Bulletin (Beijing)
On 30 December 2016, Abbott Laboratories’s acquisition of St Jude Medical was conditionally approved by the MOFCOM. On 4 July 2016, Abbott Laboratories submitted its notification to the MOFCOM, which was accepted as complete on 6 September 2016. The authority’s review entered phase 2 on 6 October (...)

The EU Commission sends a statement of objections to a social network suspected of having transmitted misleading informations concerning a merger (Facebook / WhatsApp)
DG COMP (Brussels)
Mergers: Commission alleges Facebook provided misleading information about WhatsApp takeover* The European Commission has sent a Statement of Objections to Facebook alleging the company provided incorrect or misleading information during the Commission’s 2014 investigation under the EU Merger (...)

The UK Competition Authority accepts merger remedies proposed by petrol and diesel retailers (Dover / Wayne)
British Competition Authority - CMA (London)
CMA accepts remedies in fuel pumps merger* The CMA has accepted undertakings from Dover to remedy competition concerns arising from its merger with Wayne. This follows the Competition and Markets Authority’s (CMA) intervention to ensure that choice is maintained for petrol and diesel retailers (...)

The Chinese MOFCOM fines a merger in medical imaging market for gun jumping (Canon / Toshiba Medical Systems)
University of Melbourne
,
University of Melbourne
,
Hogan Lovells (Beijing)
On 16 December 2016, the MOFCOM announced that it had fined Canon RMB 300,000 for failure to notify its proposed acquisition of Toshiba Medical Systems in accordance with the AML on time. Its decision was published on 4 January 2017. The proposed acquisition proceeded in 2 stages. In stage 1, (...)

The Polish Competition Office clears a merger, subject to remedies, in the wholesale and retail sale of everyday consumer goods market (Dystrybucja Alkoholi / Eurocash)
Polish Competition Authority (Warsaw)
Conditional concentration clearance: Eurocash - PDA* The President of the Office of Competition and Customer Protection (UOKiK) gave his consent to a takeover of Polska Dystrybucja Alkoholi by Eurocash. The transaction may take place providing the purchase of a warehouse in Pabianice is (...)

The Chinese MOFCOM rules that a foreign-to-foreign deal "jumped the gun" in breach of antitrust rules (Canon / Toshiba Medical Systems)
Hogan Lovells (Beijing)
MOFCOM rules that foreign-to-foreign deal "jumped the gun" in breach of antitrust rules* In a decision adopted on 16 December 2016 and made public on 4 January 2017, the Chinese Ministry of Commerce (“MOFCOM“) fined Japanese company Canon for failure to file its acquisition of Toshiba Medical (...)

The Polish Competition Authority gives conditional consent to a merger of undertakings operating on the market for wholesale and retail sale of alcoholic beverages (Eurocash / Polska Dystrybucja Alkoholi)
WKB Wierciński Kwieciński Baehr (Warsaw)
,
WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of December 2016, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “OCCP President” or the “Authority”) has given his conditional consent for Eurocash to take control over Polska Dystrybucja Alkoholi (hereinafter the “PDA”). Both undertakings (...)

The Dutch Competition Authority clears a merger in the telecommunication market (Vodafone Thuis / T-Mobile)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears acquisition of Vodafone Thuis by T-Mobile* Telecom provider T-Mobile is allowed to acquire the fixed-telecom division of Vodafone Netherlands. Vodafone has branded this division ‘Vodafone Thuis,’ which offers services for fixed telephony, TV, and internet. The Netherlands Authority (...)

The French Competition Authority clears a merger, subject to remedies, on the slaughtering and meat processing market (Sicavyl / Sicarev)
French Competition Authority (Paris)
The Autorité de la concurrence clears the merger between Sicavyl and Sicarev, subject to conditions* Parties to the operation On 4 November 2016, the agricultural cooperatives Sicarev and Sicavyl, mainly active in the meat sector, notified the Autorité de la concurrence of their intended (...)

The EU Commission clears a merger subject to remedies on the professional social networks market (Microsoft / LinkedIn)
DG COMP (Brussels)
Mergers: Commission approves acquisition of LinkedIn by Microsoft, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of LinkedIn by Microsoft. The decision is conditional on compliance with a series of commitments aimed at (...)

The Belgian Competition Authority rejects an application for interim measures concerning a merger in the brewery market (Alken-Maes / AB InBev / Bosteels)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has rejected the application for interim measures of Alken-Maes versus AB InBev regarding the acquisition of Bosteels* The Competition College of the Belgian Competition Authority has rejected on 21 November 2016 the application for interim measures of (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical sector (Abbott Laboratories / St Jude Medical)
DG COMP (Brussels)
Mergers: Commission approves acquisition of St Jude Medical by Abbott Laboratories, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of St Jude Medical by Abbott Laboratories, both US based companies that develop and market (...)

The French Competition Authority publishes its long awaited first decision sanctioning gun jumping practices (Altice / SFR / Virgin)
DLA Piper (Paris)
,
Frieh Associés (Paris)
In its decision dated 8 November 2016, the French Competition Authority (FCA) describes with much detail its appraisal of a gun jumping infringement. Among the many lessons arising from such decision, one is clearly for future redactors of corporate documentation, another is for top management (...)

The German Competition Authority clears a merger, subject to remedies, in the food retail market (Coop / Rewe)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition of Coop by Rewe subject to conditions* The Bundeskartellamt has cleared the acquisition of the northern German food retailer Coop eG, Kiel, by REWE Markt GmbH, Cologne, subject to conditions. Coop operates around 200 supermarkets in the federal states of (...)

The EU Commission clears a merger, subject to remedies, in the laser manufacturing sector (Rofin-Sinar / Coherent)
DG COMP (Brussels)
Mergers: Commission approves acquisition of lasers supplier Rofin-Sinar by Coherent, subject to conditions* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of US and German-based Rofin-Sinar by Coherent of the US. Both are global suppliers of lasers. (...)

The UK Competition Authority orders structural remedies to clear a merger on the market of energy trading services (Intercontinental Exchange / Trayport)
Van Bael & Bellis (Brussels)
On 17 October 2016, the UK Competition and Markets Authority (“CMA”) ordered Intercontinental Exchange Inc. (“ICE”) to sell Trayport to a new owner, to be approved by the CMA, in order to preserve competition on the market for the supply of certain energy trading services. ICE is the largest (...)

The Indian Competition Authority approves an internal restructuring of healthcare conglomerate’s three companies into two companies with clearer business verticals (Fortis Healthcare / Fortis Malar Hospital / SRL)
Vaish Associates, Advocates (New Delhi)
CCI approves international organization within the Fortis Group* CCI vide its order dated October 14, 2016, has given the approval to the internal re-organization of the hospitals and diagnostics business of Fortis Group into separate verticals. Prior the proposed combination, the healthcare (...)

The EU Commission seeks feedback on procedural aspects of EU merger control
Van Bael & Bellis (Brussels)
On 7 October 2016, the Commission published an online survey to collect views on certain procedural and jurisdictional aspects of EU merger control. According to the Commission, the purpose of the survey is to gather information on particular aspects of the performance of EU merger control. The (...)

The Indian Competition Authority clears acquisition of sole ownership over automation solutions provider by private equity group (Cortes NP Acquisition Corporation / ASCO Power GP / Emerson Network Power Business / Platinum Equity Group)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of sole interest Emerson Network Power Business (ENP) by Platinum Equity Group* CCI by its order dated October 5, 2016 has approved the aforementioned combination. The proposed combination relates to acquisition by Platinum Equity Group (Platinum) of 85% equity (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s fine for gun jumping imposed on manufacturer of industrial chemicals and fertilizers (SCM Soilfert / Deepak Fertilizers and Petrochemicals)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds penalty imposed on SCM Soilfert for “gun-jumping”* COMPAT by its order dated August30, 2016 has upheld the penalty imposed by the CCI on SCM Soilfert for failure to file a notice under Section 6(2) of the Competition Act, 2002 (the Act) for a combination. Deepak Fertilizers and (...)

The Australian Competition Authority publishes draft media merger guidelines
University of New South Wales (Sydney)
Australian draft media merger guidelines: a review* Background The ACCC released its draft media merger guidelines in August 2016. Given the previous merger guidelines were released in 2006, these drafts outline the first proposed changes in over ten years. Critically these guidelines come in (...)

The Indian Competition Authority approves a merger and amalgamation between two insurance companies (L&T General Insurance / HDFC Ergo)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition and amalgamation between HDFC Ergo and L&T* The proposed combination relates to acquisition of 100% shareholding in L&T General Insurance Company Limited (“LTGI”) by HDFC Ergo General Insurance Company Limited (“HDFC Ergo”) from Larsen and Toubro (L&T). (...)

The Chinese MOFCOM conditionally clears a merger in the market of production and sale of beer (AB InBev / SABMiller)
Hogan Lovells (Beijing)
,
University of Melbourne
,
China Competition Bulletin (Beijing)
On 29 July 2016, AB InBev’s acquisition of SABMiller was conditionally approved by the MOFCOM. With the acquisition, AB InBev acquires SABMiller’s 49% interest in CR Snow. When Anheuser-Busch acquired InBev back in 2008, the MOFCOM approved that acquisition on the condition that, inter alia, if (...)

The Indian Competition Authority approves share purchase agreement that transfers a coal plant between two energy companies via a special purpose vehicle (JSW Energy / Jindal Power / Everbest Steel and Mining Holdings / Jindal Steel and Power)
Vaish Associates, Advocates (New Delhi)
CCI approves JSW Energy acquisition of JSPL’s 1,000 MW power plant* CCI vide its order dated July 1, 2016 has given its approval to JSW Energy to acquire 1,000 MW power plant in Chhattisgarh from Jindal Steel and Power Ltd (JSPL).The JSPL board had approved divesting the unit of its subsidiary (...)

The Indian Competition Authority approves joint venture of two foreign global manufacturers of ice cream which will operate in the country only through export sales of one product (Nestle / PAI Partners / Riviera Topco)
Vaish Associates, Advocates (New Delhi)
CCI approves Nestlé & PAI JV* CCI vide its order dated July 1, 2016 has approved JV entered between Nestlé and PAI (through Riviera Topco) which would be jointly controlled by Nestlé and PAI (through Riviera Topco) and would be principally active in the production, distribution and sale of (...)

The Chinese MOFCOM releases a company from conditions previously imposed in an e-commerce merger since the market environment is more competitive (Wal-Mart / Yihaodian)
China Competition Bulletin (Beijing)
,
University of Melbourne
,
University of Melbourne
On 30 May 2016, the MOFCOM decided to release Wal-Mart from the conditions that it had imposed on Wal- Mart’s acquisition of Yihaodian in 2012. Wal-Mart had applied for release from these conditions in July 2015. When the MOFCOM conditionally approved Wal-Mart’s acquisition in 2012, the (...)

The Stockholm District Court rules that non-compete clauses exceeding 2 years are not necessarily anti-competitive by object (Alfa Quality Moving / NFB Transport Systems / ICM Kungsholms)
Vinge (Stockholm)
Missing a moving target: Stockholm District Court rules on non-compete clauses*The Stockholm District Court has found against the Swedish Competition Authority (SCA) that a non-compete clause lasting five years did not constitute an infringement of competition rules by object, and has further (...)

The Indian Competition Authority approves acquisition of film exhibition business by a cinema theatre company subject to conditions (PVR / DUL)
Vaish Associates, Advocates (New Delhi)
CCI approves PVR’s acquisition of DLF’s cinema exhibition business with modifications* CCI, by its order dated May 04, 2016, has approved acquisition of DLF’s film exhibition business, subject to modifications. The proposed combination relates to acquisition by PVR of DLF Utilities Limited (DUL) (...)

The Chinese MOFCOM releases three decisions sanctioning companies for failure to notify their transactions for antitrust review (Dade Holdings / Jilin Sichang Pharmaceutical ; New United Group / Bombardier Transportation Sweden ; Beijing CNR / Hitachi)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
University of Melbourne
On 4 May 2016, the MOFCOM released 3 decisions in which it sanctioned various companies for failure to notify their transactions for antitrust review. The decisions were all made on 21 April 2016. In each case, the MOFCOM determined that the transaction constituted a concentration under Article (...)

The Indian Competition Authority fines electricity company for failing to notify acquisition within required deadline (General Electric)
Vaish Associates, Advocates (New Delhi)
CCI penalizes General Electric (GE) for failure to notify its proposed acquisition of equity stakes in Alstom* CCI by its order dated February 16, 2016 has penalized GE Energy Europe B.V., GE and GE Industrial France SAS (collectively, the “Acquirers”) for failure to notify a proposed (...)

The EU Commission approves a merger after an in-depth investigation and subject to a divestment (Staples / Office Depot)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
1. Introduction On 10 February 2016, the European Commission (the Commission) conditionally approved the acquisition of Office Depot by its rival Staples. Both companies are US-based global suppliers of stationery and other office products to private consumers and businesses. The Commission (...)

The Indian Competition Authority unconditionally approves acquisition of 49.86% stake in gas company by investors who already have 50% stake (Gujarat State Petroleum / Gujarat State Petronet / Bharat Petroleum / SBL Sabarmati Gas)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of 49.86% stake in Sabarmati Gas Limited (SGL) by PSU petroleum companies* CCI, by its order dated February 10, 2016, has approved acquisition of 49.86% stake in SGL by Gujarat State Petroleum Corporation Limited (“GSPC”); Gujarat State Petronet Limited (“GSPL”); and (...)

The Indian Competition Authority approves acquisition of pharmaceutical company’s business by foreign venture capital firm (FIL Capital Investments (Mauritius) II / Cipla Health)
Vaish Associates, Advocates (New Delhi)
CCI approves proposed combination notice filed by FIL Capital Investments (Mauritius) II Limited* The CCI, by its order dated January 15, 2016 has approved the proposed combination relating to the acquisition of 26.11% shareholding of the paid-up equity share capital of the Cipla Health by (...)

The German Minister for Economics and Energy conditionally approves a merger in the retail sector despite a previous prohibition decision by the Competition Authority (EDEKA / Tengelmann)
King & Wood Mallesons (Munich)
On 12 January 2016, the German Minister of Economics and Technology (Minister of Economics), Sigmar Gabriel, announced his intention to conditionally approve the proposed merger of retail chains EDEKA and Tengelmann by way of ministerial approval. The ministerial approval is a legal instrument (...)

The Indian Competition Authority clears acquisition of all shares in two jointly owned financial companies by single owner (Invesco HK / Religare / RI-AMC / RI-TC)
Vaish Associates, Advocates (New Delhi)
CCI approves combination between Invesco Hong Kong Limited (Invesco HK) and Religare entities* The CCI, by its order dated December 22, 2015, has approved the proposed acquisition of shares of Religare Enterprises Limited (REL)in Religare Invesco Asset Management Company Private Limited (...)

The Indian Competition Authority approves transfer of 45% of shares between two cement companies (HeidelbergCement / Italmobiliare)
Vaish Associates, Advocates (New Delhi)
CCI approves German firm Heidelberg Cement’s proposed acquisition of shares in ItalcementiSpA (ISPA)* CCI by its order dated September 17, 2015, approved the proposed acquisition of 45% shareholding in Italcementi S.p.A (ISPA) by Heidelberg Cement AG from Italmobiliare S.p.A. (ISPA). Both the (...)

The Indian Competition Authority clears structural separation of global pharmaceutical company’s bioscience business into separate new pharmaceutical company (Baxter India / Baxalta India)
Vaish Associates, Advocates (New Delhi)
CCI clears Baxter-Baxalta merger deal* CCI vide its order dated September 8, 2015 has approved the proposed transfer of Baxter India’s bioscience business and related assets to its wholly-owned subsidiary Baxalta India, after finding that the transaction would not have an appreciable adverse (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s fine of a travel agency for not notifying an otherwise exempt transaction (Thomas Cook / Sterling)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal sets aside penalty imposed on Thomas Cook & others for nonnotification of an otherwise exempted transaction* In its first decision on substantive aspects of merger control, the Competition Appellate Tribunal (COMPAT) by its order dated August 26, 2015 has set (...)

The Indian Competition Authority approves a takeover of competitor in the market for transmission and telecommunications towers (Agarwal Steel Structures / Sujana Towers)
Vaish Associates, Advocates (New Delhi)
CCI approves the acquisition of transmission and telecommunication tower business by Agarwal Steel Structures (India) Limited* CCI by its order dated August 19, 2015 approved the proposed combination relating to acquisition of transmission and telecommunication tower business of Sujana Towers (...)

The Indian Competition Authority unconditionally approves acquisition of 4 hypermarkets from one retail company by a competing retail company in a city’s local market (Jubilant / Aditya Birla Retail)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of four retail hypermarket stores of Jubilant by Aditya Birla Retail Limited (ABRL)* CCI by its order dated July 29, 2015 approved the proposed acquisition of four ‘Total’ stores of Jubilant Agri and Consumer Products Limited (JACPL) in the city of Bengaluru by ABRL on a (...)

The Indian Competition Authority approves a joint venture between a global consumer healthcare conglomerate and a global technology conglomerate (JJDC Johnson and Johnson Innovation / Ethicon / Google)
Vaish Associates, Advocates (New Delhi)
CCI approves the joint venture between Google and Johnson and Johnson for the research and development in respect of the robotic system for surgical intervention* CCI by its order dated July 10, 2015 approved the proposed combination for creation of a JV between Google and Johnson and Johnson (...)

The Indian Competition Authority approves a merger of two global pharmaceutical companies because they operate in separate markets in the country (Pfizer / Hospira / Perkins)
Vaish Associates, Advocates (New Delhi)
CCI approves merger of Pfizer, Hospira, Inc. and Perkins Holding Company* CCI by its order dated June 11, 2015 approved the execution of an Agreement and Plan of Merger between Pfizer, Hospira, Inc. (Hospira) and Perkins Holding Company (Perkins), a wholly owned subsidiary of Pfizer. The (...)

The Indian Competition Authority approves a merger between 4 subsidiaries of 2 holding companies in the markets for real estate development, and for building and project consulting (Glenville / JTC)
Vaish Associates, Advocates (New Delhi)
CCI approves combination of Singbridge Pte. Ltd, Surbana International Consultants Holdings Pte. Ltd, Ascendas Pte. Ltd and Jurong International Holdings Pte Ltd.* CCI by its order dated May 21, 2015 approved the combinations of Singbridge Pte. Ltd. (Singbridge) and Surbana International (...)

The Indian Competition Authority approves an acquisition of additional shares in life and general insurance joint ventures by their 2 holding companies (AXA India / Société Beaujon / BAL / BAGI)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of Bharti AXA Life Insurance Company Limited and Bharti AXA General Insurance Company Limited by AXA India Holdings and SociétéBeaujon* CCI vide its order dated May 13, 2015 gave assent to acquisition of Bharti AXA Life Insurance Company Limited (BAL) and Bharti AXA (...)

The Indian Competition Authority approves a takeover of global HVAC business by competitor, subject to conditions (Johnson Controls / Hitachi Appliances)
Vaish Associates, Advocates (New Delhi)
CCI approves combination proposed by Johnson Control Inc.* CCI vide its order dated May 7, 2015 approved the combination between Johnson Control Inc. (JCI), Hitachi Ltd. (Hitachi), and Hitachi Appliances, Inc. (HA). The proposed combination entails the acquisition of worldwide building (...)

The Indian Competition Authority clears merger between two leading global pharmaceutical companies, due to their limited shares in the national markets (GSK / Novartis)
Vaish Associates, Advocates (New Delhi)
CCI approves Novartis-GlaxoSmithKline Plc deal* CCI vide its order dated December 12, 2014 has approved a deal between GlaxoSmithKline Plc (“GSK”) and Novartis. CCI, while approving observed that “the negligible presence" of GSK and Novartis and "the presence of significant competitors, the (...)

The Indian Competition Authority approves a merger of two global pharmaceutical companies subject to divestitures in seven markets for different formulations (Sun Pharma / Ranbaxy)
Vaish Associates, Advocates (New Delhi)
Sun-Ranbaxy deal got conditional approval from CCI* CCI vide its order dated December 5, 2014 has conditionally approved the proposed merger between Sun Pharma and Ranbaxy (collectively called as “parties”), subject to the parties inter alia carrying out the divestiture of their products (...)

The Indian Competition Authority approves leading global energy drink manufacturer’s acquisition of local competing manufacturer (Coca-Cola Company / New Laser Corporation)
Vaish Associates, Advocates (New Delhi)
CCI approves Coca-Cola’s commercial alliance with Monster Beverages* CCI has approved Coca-Cola’s proposed commercial alliance with US-based Beverage Corp. in the energy drinks market. The deal involved Coca-Cola, its group firm European Refreshments, Monster and its subsidiary New Laser Corp. (...)

The Indian Competition Authority approves joint venture between two electronics manufacturers in the market for lead acid storage batteries (Panasonic / Minda Industries)
Vaish Associates, Advocates (New Delhi)
CCI approves Panasonic-Minda Industries commercial alliance* CCI has approved the proposed joint venture between Minda Industries and Japanese group Panasonic, observing that the deal would not have any appreciable adverse effect on competition in India. Under the said alliance, Minda (...)

The Indian Competition Authority approves acquisition of cement grinding unit by a larger competitor (Shree Cements / Jaiprakash Associates)
Vaish Associates, Advocates (New Delhi)
CCI approves proposed business transfer agreement between Jaiprakash and Shree Cement* CCI has approved the Business Transfer Agreement between Shree Cements Limited (SCL) and Jaiprakash Associates Limited (JAL). Under the said agreement, JAL has proposed the sale of a cement grinding unit at (...)

The Indian Competition Authority provides guidance on treatment of non-compete clause/ obligations in commercial agreements (Hospira Healthcare India / Orchid Chemicals and Pharmaceuticals)
Vaish Associates, Advocates (New Delhi)
Combinations: CCI provides guidance on treatment of non-compete clause/ obligations in commercial agreements* Facts of the Case Recently, CCI has approved a proposed sale by Orchid Chemicals and Pharmaceuticals Ltd (“OCPL”) of its certain assets to Hospira Healthcare. Under the deal, OCPL has (...)

The EU Commission develops a novel theory of harm based on the effect of the transaction on the new entity’s bargaining power (Universal Music Group / EMI Music)
CRA International (Brussels)
,
The Graduate Institute for International and Development Studies (Geneva)
,
DG COMP (Brussels)
Mergers and bargaining power: back to the future? Insights from the Universal/EMI merger* The decision to approve the acquisition of EMI’s recorded music rights by Universal has recently been published by the European Commission. Following a Phase II investigation, the acquisition was approved (...)

The EU Commission approves the creation of a joint venture in the dairy sector between a Swedish dairy cooperative and a Danish dairy cooperative but only after its scope has been severely reduced (Arla ekonomisk förening / MD Foods Amba)
DG COMP (Brussels)
"Mergers : other developments"* The Commission approved the creation of Scandairy K/S, a joint venture in the dairy sector between the Swedish dairy cooperative Arla ekonomisk förening and the Danish dairy cooperative MD Foods amba, but only after its scope had been severely reduced. The joint (...)

State Aid

The EU General Court denies video-on-demand distributors standing to appeal a Commission decision authorising a German cinema aid scheme (Netflix / Apple)
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Brussels)
All State Aid decisions taken by the EC can be subject to an action for annulment. In practice, however, it has been very difficult for complainants to successfully bring admissible actions for annulment of EC decisions approving aid because of EU courts’ strict interpretation of the locus (...)

The EU Court of Justice holds that State aid selectivity can exist for final and intermediary beneficiary (Spanish tax lease system)
College of Europe (Bruges)
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 DG Competition publishes a Code of best practices for the conduct of State aid control procedures in the official Journal of European Union
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court confirms the authorization of a State aid for a new nuclear power plant in UK (Hinkley Point C)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court holds that the compatibility of a State aid depends on the rules that are applicable when aid measures produce effects (Buonotourist)
College of Europe (Bruges)
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 Court of Justice holds that a selective measure should be determined on the basis of its effects and not on the basis of the legally defined regulatory techniques (German exemption for companies in difficulty)
College of Europe (Bruges)
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 holds that a selective tax reduction does not constitute State aid if it doesn’t provide an economic advantage for the enterprises concerned (Danish water tax exemption)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court confirms a Commission decision for the abolition of a sector specific tax exemption (Groningen Seaports in Netherlands)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission approves the State aid granted to the incumbent postal operator in Denmark to meet the costs of its universal service obligations (Post Danmark)
College of Europe (Bruges)
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 limits broadband network State aid authorizations only to areas where market based instruments are unlikely to be made without aid measures (The Netherlands Broadband Rivierenland Region)
College of Europe (Bruges)
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 authorizes a State aid to stimulate new investment in regions hit by earthquakes (Earthquakes in Italy)
College of Europe (Bruges)
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 Court of Justice holds that it’s not acceptable for the assets to be transferred to a bidder that had initially participated in the process as a member of a consortium, when analyzing a measure of State aid for restructuring and recapitalisation involving a bidding process (SNCF Mobilités)
University of Bristol - Law School
Do EU procurement & State aid rules conflict on possibility for consortium members to ’go it alone’? (C-127/16 P)* In its Judgment of 7 March 2018 in SNCF Mobilités v Commission, C-127/16 P, EU:C:2018:165, in the context of the analysis of a measure of State aid for restructuring and (...)

The EU Court of Justice sets aside the General Court’s annulment of a Commission decision concerning state aid granted to a Danish bank (FIH Holding)
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Brussels)
When considering whether a measure constitutes State aid for the purposes of Article 107(1) TFEU and applying the well-established private operator principle, one should take into account both the private creditor test and that of the private investor depending on the nature of the transaction. (...)

The EU General Court annuls a Commission finding that state measures in favour of health insurance organisations did not constitute state aid, and holds that the economic nature of an activity is determined by the presence of operators seeking to make a profit (Dôvera Zdravotná Poist’ovña)
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Brussels)
This State aid case gives interesting indications regarding the definition of an undertaking and the economic or non-economic nature of its activities. The GCEU pointed out that merely being in a position of competition on a given market does not determine the economic nature of an activity, (...)

The EU General Court confirms that the Netherlands is not breaching State aid rules by funding an in-house e-procurement platform (Aanbestedingskalender BV and others)
University of Bristol - Law School
Funding of in-house entities, CPBs and risks of state aid, some thoughts re Aanbestedingskalender (T-138/15)* In its Judgment of 28 September 2017, Aanbestedingskalender & Others v Commission, T-138/15, EU:T:2017:675, the General Court (GC) rejected a complaint against a previous (...)

The EU Court of Justice confirms the General Court judgment annulling the Commission’s decision the considered that public support statements and credit line offers constituted incompatible State aids by applying the test of the prudent private investor (Orange)
Van Bael & Bellis (Brussels)
On 30 November 2016, the European Court of Justice (“ECJ”) issued its second judgment in the case concerning public statements made by the French authorities in support of France Télécom (“FT” – now Orange) and the offering of a shareholder loan to FT. In 2002, FT, a public limited company, was (...)

The EU Court of Justice rules that the extension of existing State aid must be considered as the alteration of that aid and is therefore subject to the obligation of prior notification as new aid (DEI / Alouminion tis Ellados)
Liege Competition and Innovation Institute
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Liège University - IEJE
The CJEU’s Judgment provides additional clarification on the effects of the extension of the duration of an existing aid measure. The CJEU - annulling a Judgment of the EU General Court (GC) - rules that the extension of the duration of existing aid measure by a national court must be qualified (...)

Procedures

The EU Court of Justice clarifies jurisdiction in tortious claims and claims relating to acts of branches, which arise from competition infringements (Flylal-Lithuanian Airlines)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
On 5 July 2018, the CJEU handed down a judgment in response to a request for a preliminary ruling from the Lithuanian Court of Appeal in which it provided welcome clarifications of the interpretation of Articles 5(3) and 5(5) of Regulation No 44/2001 (Brussels I Regulation). These articles (...)

The Belarusian Antimonopoly Regulation and Trade Ministry releases a notice on the terms of agreements signed between the State and undertakings in dominant position
Concurrences (Paris)
On 29 June 2018 Antimonopoly Regulation and Trade Ministry of the Republic of Belarus released a special notice on the terms of the agreements signed between the State and the companies in the dominant position. As of 3 August 2018 the State has a possibility to sign an agreement in order to (...)

The US Supreme Court holds that federal courts should accord respectful consideration to foreign government submissions when analyzing comity issues but are not bound by them (Animal Science products / Hebei welcome pharmaceutical)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
Supreme Court Clarifies Principles of International Comity in Vitamin C Ruling* Alert: The Supreme Court clarified the principles of international comity this week in a ruling pertaining to the long-running vitamin C antitrust class action litigation. International comity is the recognition a (...)

The US Supreme Court states that a federal court is not bound by the official interpretation of the foreign law even if it is relevant (Animal science products / Hebei welcome pharmaceutical)
Wolters Kluwer (Riverwoods)
Supreme Court Clarifies Deference Owed a Foreign Government* In a decision that will have a significant impact on antitrust enforcement, particularly private damages actions against international cartels, a unanimous Supreme Court ruled that a federal court considering a case in which foreign (...)

The Ontario Court Of Appeal accepts additional defendants in a price fixing class action against major banks (Mancinelli / Royal Bank of Canada)
Affleck Greene McMurtry (Toronto)
Court Of Appeal Adds Banks To FX Price Fixing Class Action* In overturning a lower court decision, the Ontario Court of Appeal ruled that TD Bank and BMO would be added as defendants in a price fixing class action against major banks. The case was Mancinelli v. Royal Bank of Canada. The (...)

The Ontario Court of Appeal (Canada) clarifies the application of the discoverability principle and makes easier for plaintiffs to add defendants (Mancinelli / Royal Bank of Canada)
Steve Szentesi Law Corporation (Vancouver)
Ontario Court of Appeal Makes It Easier For Plaintiffs to Add Defendants Under Competition Act Limitation Provision* The Ontario Court of Appeal recently issued a significant decision in Mancinelli v. Royal Bank of Canada, 2018 ONCA 544 (C.A.), in which the Court clarified the application of (...)

The EU Court of Justice rejects a cartel participant’s appeal concerning the inclusion of allegedly confidential information in the non-confidential version of the infringement decision (Nexans)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
By order of 12 June 2018, the Vice President of the CJEU dismissed the appeal lodged by Nexans France SAS and Nexans SA (collectively, Nexans) against the order of the President of the GCEU of 12 July 2017. The latter rejected Nexans’s application for an interim injunction to prevent the EC from (...)

The Canadian Competition Bureau provides guidance on influencer marketing, made in Canada claims and savings claims
Steve Szentesi Law Corporation (Vancouver)
New Competition Bureau Guidance on Influencer Marketing, Made in Canada Claims and Savings Claims* The Competition Bureau (Bureau) has published the fourth volume of its Deceptive Marketing Practices Digest (Marketing Digest), which provides guidance from the Bureau on influencer marketing, (...)

The High Court of Delhi upholds the right to counsel during antitrust investigation by Director General but restricts the scope of counsel to exclude direct consultation with client (Oriental Rubber)
Vaish Associates, Advocates (New Delhi)
Delhi High Court upholds right to counsel during DG investigation* The division bench of the Delhi High Court by its judgement dated May 24, 2018 in Competition Commission of India and Anr. v. Oriental Rubber Industries Pvt. Ltd. has upheld the right of a person summoned by the Director (...)

The Supreme Court of India rules that the appellate tribunal was not legally justified in dismissing appeal in a cartel case (Himmatlal Agrawal / Competition Commission of India)
Vaish Associates, Advocates (New Delhi)
Supreme Court limits NCLAT’s appellate jurisdiction* The Supreme Court of India in its judgement dated May 18, 2018 in M/s B. Himmatlal Agrawal v. Competition Commission of India, Civil Appeal No. 5029/2018 has set aside the NCLAT’s order and restored the appeal dismissed by the NCLAT. The (...)

The Supreme Court of India clarifies that the determination of relevant market is not a mandatory pre-condition for initiating investigations of alleged anticompetitive agreements (Co-ordination Committee of Artists and Technicians of West Bengal Film and Television Industry)
Vaish Associates, Advocates (New Delhi)
Supreme Court clears air on definition of relevant market in Section 3 (anti-competitive agreement) cases* The Supreme Court by its order dated May 7, 2018 has clarified that the determination of a ‘relevant market’ is not a mandatory pre-condition for undertaking an assessment of an alleged (...)

The China’s Antitrust Regulator Ramps Up Scrutiny, Enforcement of Behavioral Remedies
Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
In March 2018, China’s State Council announced the establishment of a unified market regulator, the State Administration for Market Regulation (SAMR), which now is responsible for all antitrust enforcement in China. Previously, antitrust enforcement in China was administered by three separate (...)

The High Court of Delhi refuses to interfere with prima facie order passed by Indian Competition Authority post submission of Director General’s Investigation Report (Cadila Healthcare)
Vaish Associates, Advocates (New Delhi)
Delhi High Court refuses to interfere with prima facie order passed by CCI post submission of DG Investigation Report* The High Court of Delhi in a recent judgement dated March 9, 2018 has refused to interfere in a pending inquiry after the submission of the Director General’s (DG) (...)

The Competition Bureau of Canada reaches a settlement with Canadian furniture retailers who have to donate $750 000 in furniture to charities (Leon’s and The Brick)
Affleck Greene McMurtry (Toronto)
Leon’s And The Brick Donate $750,000 In Furniture To Settle Buy Now, Pay Later Complaints* Canadian furniture retailers, Leon’s and The Brick, have agreed to donate $750,000 in furniture to charities to settle concerns raised by Canada’ Competition Bureau about their advertising of buy now, pay (...)

The South African Competition Tribunal dismisses a complaint regarding a "non-compete" settlement agreement coming into force before the Competition Act (Nu Metro / Ster-Kinekor)
Primerio (Washington)
SOUTH AFRICAN COMPETITION TRIBUNAL FINDS IN FAVOUR OF STER-KINEKOR IN MARKET ALLOCATION CASE* The South African Competition Tribunal (“the Tribunal”) last week dismissed a complaint referred to it by the Competition Commission (“the Commission”) in 2009 which alleged that two rival cinemas, (...)

The EU General Court confirms the Commission’s decision to refuse access to its file in cartel proceedings in the financial sector to a private party seeking damages against the cartelists (Edeka-Handelsgesellschaft)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
This judgment arises out of an application by Edeka- Handelsgesellschaft Hessenring mbH (Edeka) for access to the EC’s decision and table of contents of the file in settlement proceedings concerning four banks involved in the Euro Interest Rate Derivatives (EIRD) cartel. The judgment illustrates (...)

The Indian Competition Appellate Tribunal (COMPAT) rejects appeal against initiation of proceedings by Indian Competition Authority because show cause notice cannot be appealed against (AKMN Cylinder)
Vaish Associates, Advocates (New Delhi)
COMPAT rejects appeal of AKMN against initiation of proceedings under Section 43* COMPAT by its order dated February 13, 2017 has rejected the appeal of AKMN Cylinder against initiation of proceedings under Section 43 of the Act by CCI. The CCI by its order dated October 13, 2016 and the (...)

The Chinese MOFCOM reports on its 2016 activities
China Competition Bulletin (Beijing)
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University of Melbourne
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Hogan Lovells (Beijing)
On 11 January 2017, the MOFCOM provided a summary of its 2016 antitrust activities. In 2016, the MOFCOM received 378 merger notifications, initiated 360 merger reviews, and completed 395 merger reviews, representing an increase of 7.4%, 6.5%, and 19%, respectively, from 2015. It conditionally (...)

The Shandong Price Bureau fines a pharmaceutical company for obstructing antitrust investigation (Weifang Longshunhe Pharmaceutical)
China Competition Bulletin (Beijing)
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University of Melbourne
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Hogan Lovells (Beijing)
The NDRC recently announced that, on 25 December 2016, the Shandong Price Bureau imposed a fine of RMB 120,000 on Weifang Longshunhe Pharmaceutical for obstructing an investigation under the AML. The NDRC and the Shandong Price Bureau was jointly investigating Weifang Longshunhe Pharmaceutical (...)

The Guangdong High People’s Court dismisses antitrust lawsuit for lack of jurisdiction (Chenyawang Animal Husbandry Cooperative / Huazhou General Food Company / Huazhou Yangmei Food Company)
University of Melbourne
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University of Melbourne
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Hogan Lovells (Beijing)
On 23 December 2016, the Guangdong High People’s Court upheld the first instance judgment dismissing a lawsuit filed by Chenyawang Animal Husbandry Cooperative (Chenyawang) for lack of jurisdiction. The plaintiff filed a lawsuit against the Huazhou General Food Company and the Huazhou Yangmei (...)

The Chinese Appeal’s Court upholds decisions sanctioning motor vehicle inspection fees cartel
Hogan Lovells (Beijing)
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University of Melbourne
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China Competition Bulletin (Beijing)
The NDRC announced that applications for administrative reconsideration and administrative litigation of the Shaanxi Price Bureau’s decision in April 2016 relating to price fixing in the motor vehicle inspection fee sector have been unsuccessful. The Shaanxi Price Bureau’s decision, which was (...)

The Supreme People’s Court of China dismisses retrial application of alleged abuses of market dominance (Mr Tong / Shanghai branch of China Mobile)
Hogan Lovells (Beijing)
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University of Melbourne
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China Competition Bulletin (Beijing)
On 28 November 2016, the Supreme People’s Court (SPC) dismissed a petition for retrial brought by Mr Tong Hua against the Shanghai branch of China Mobile for its alleged abuse of market dominance. This case had already been before the Shanghai IntermediatePeople’s Court twice and the Shanghai (...)

The EU Commission plans new antitrust law under 2017 work programme
Van Bael & Bellis (Brussels)
On 25 October 2016, the European Commission published its annual Work Programme: Delivering a Europe that protects, empowers and defends. As part of the Commission’s plans for creating a deeper and fairer internal market with a strengthened industrial base, antitrust enforcers are expected to (...)

The EU Commission publishes study on the passing-on of overcharges
Van Bael & Bellis (Brussels)
On 25 October 2016, the European Commission’s Directorate-General for Competition (“DG Comp”) published an expert study on potential approaches for national courts to assess the passing-on of overcharges in competition litigation (“the Study”). The Study aims to provide judges and practitioners (...)

The Beijing High People’s Court dismisses first follow-on damages suit under the Anti-Monopoly Law of China (Mr Tian Junwei / Abbott infant formula)
Hogan Lovells (Beijing)
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University of Melbourne
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China Competition Bulletin (Beijing)
On 22 August 2016, the Beijing High People’s Court issued its judgment in the first follow-on damages antitrust case, dismissing an appeal for insufficient evidence. The judgment was released on 4 November 2016. In the case, the plaintiff, Mr Tian Junwei, had bought a box of Abbott infant (...)

The Indian Competition Appellate Tribunal (COMPAT) rules that in an abuse of dominance appeal the appellant is responsible for providing evidence of alleged dominance (Ravinder Kaur Sethi / DLF Universal)
Vaish Associates, Advocates (New Delhi)
COMPAT: Upheld CCI Order that onus to produce data to prove alleged dominant position lay upon the Informant* COMPAT by its order dated August 9, 2016 has upheld order of CCI whereby it declined to order an investigation into the allegations of abuse of dominance by DLF Universal Limited and (...)

The Indian Competition Appellate Tribunal (COMPAT) clarifies its jurisdiction only covers appeals against the Indian Competition Authority which fall under Section 53A of the Competition Act (TPM Consultants)
Vaish Associates, Advocates (New Delhi)
COMPAT to hear and decide appeals only against order passed by the Commission under Section 53A (1) (a)* COMPAT by its order dated July 4, 2016 upheld order passed by the Competition Commission of India (“CCI/the Commission”) wherein it refused to entertain an appeal challenging the order passed (...)