September 2009

General antitrust

 The French Competition Authority issues an opinion on the EU Regulation 2790/99 and the guidelines on vertical restraints
French Competition Authority (Paris)
France 748 contributions 410517 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence welcomes the modernization undertaken by the European Commission and recommends that the Commission better explains the balance it intends to guarantee between online trade (...)

Anticompetitive practices

 The Turkish Competition Authority is keeping step with the market during the global financial crisis
Philip Morris International (Dubai)
United Arab Emirates 2 contributions 2664 visits
In 2008, a global financial crisis, which is being evaluated by leading economists as the worst financial crisis that the market has experimented in modern times, has occurred due to global inflation, increased unemployment, high oil and food prices, a declining dollar value, real estate (...)

The EU Commission re-adopts decision on the concrete reinforcing bar cartel and imposes fines over € 83 million (Ronds à Béton)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95176 visits
On 30 September 2009, the Commission announced that it had re-adopted a decision fining eight companies over € 83 million for their participation in a cartel in the Italian concrete reinforcing bar sector, following the annulment of the Commission’s original decision by the CFI on procedural (...)

The French Competition Authority fines €6.9 million a football association and rights for sports management agency for anticompetitive agreements on the market for audiovisual rights (FFF / Sportfive)
Crédit Agricole (Paris)
France 1 contribution 2241 visits
Following its 2001 and 2004 decisions to investigate competition in the field of management of professional football rights, the Autorité de la concurrence imposed a fine of 6.9 million € on the Fédération Française du football (FFF), the French football association, and Sportfive for their (...)

The UK Office of Fair Trading fines recruitment agencies for collective boycott and price-fixing cartel (CDI AndersElite, AWA, BBT)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95176 visits
On 30 September 2009, the Office of Fair Trading (“OFT”) imposed fines totalling £ 39.27 million (around € 43 million) on six recruitment agencies for price-fixing and the collective boycott of an intermediary company in the supply of candidates to the construction industry. Two further (...)

The Danish Competition Authority prohibits a TV broadcaster and satellite distributor’s business terms regarding the distribution of two TV channels (Viasat)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220546 visits
Denmark: Authority prohibits Viasat’s Business Terms Regarding Distribution of TV 3 and TV 3 The Danish Competition Council (DCC) adopted on 30 September 2009 a decision finding that Viasat’s business terms, regarding distribution of the TV-channels TV 3 and TV 3+ in cable networks infringe (...)

The Utrecht Court of First Instance rules on failure to appoint dealers to a motor vehicle selective distribution network (KIA)
Van Bael & Bellis (Brussels)
Belgique 175 contributions 58601 visites
On 30 September 2009, the President of the Court of First Instance of Utrecht (the “President”) refused a claim brought by former KIA dealers and repairers whose dealership agreements had been terminated. It appears from the judgment that on 6 April 2009, KIA Nederland BV (“KIA Nederland”), (...)

The European Court of First Instance confirms the Commission’s decision and applies the case-law on the presumption that the parent company holding 100% or almost 100% of the capital of a subsidiary exercises decisive influence over the conduct of its subsidiary (Akzo Nobel)
Simmons & Simmons (London)
United Kingdom 19 contributions 4878 visits
Akzo was similarly disappointed in its attempts to dissociate the parent company (Akzo Nobel NV) from liability for its subsidiaries’ involvement in the monochloroacetic acid (MCAA) cartel, on which the CFI ruled on 30 September 2009 (Case T 175/05). This was unsurprising, given the ECJ (...)

The Romanian Competition Authority announces the results of the sector inquiry in the market for retail distribution of alimentary products (Report of the Sector Inquiry on Retail Distribution of Alimentary Products)
University of Macau - Faculty of Law
China 284 contributions 226321 visits
On 29 September 2009 the Romanian Competition Authority published the results of it sector inquiry on the market for retail distribution of alimentary products, which was initiated in March 2008. The inquiry was narrowed down to several products, which have special importance in an average (...)

The UK Office of Fair Trading imposes a £40m fine for collective boycott and price fixing in the construction recruitment sector (Construction Recruitment Forum)
Shoosmiths (London)
United Kingdom 9 contributions 16072 visits
Background 1. On 29 September 2009 the UK Office of Fair Trading ("OFT"), the UK’s national competition regulator, decided to fine eight companies in connection with concerted practices in the construction recruitment sector. 2. The eight infringing companies were: A Warwick Associates (...)

The Paris Court of Appeal reduces fines in plywood cartel case (Établissement A. Mathé / Plysorol / Jean Thébaut)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95176 visits
On 29 September 2009, the Paris Court of Appeal partially annulled a decision of 21 May 2008, whereby the French Competition Council (now the French Competition Authority) had fined six plywood manufacturers a total of € 8 million for having coordinated price increases within their trade (...)

The Finnish Supreme Administrative Court backs up the Competition Authority and for the first time ever presents its view on the level of fines imposed in cartel cases (Asphalt cartel)
Roschier (Helsinki)
Finland 11 contributions 8959 visits
On 29 September 2009, following appeals against the Market Court’s decision by both the Finnish Competition Authority (“FCA”) and the defendant companies alleged to have participated in the asphalt cartel, the Supreme Administrative Court (“SAC”) delivered its long awaited judgment. For the (...)

The UK OFGEM inquires into pre-pay energy meters’ alleged overcharges still occurring despite introduction of new market rules (National Housing Federation)
Jacobs (Glasgow)
United Kingdom 18 contributions 25023 visits
Five of the big six energy suppliers are still overcharging customers using pre-pay meters, despite new Ofgem rules, the National Housing Federation (the “NHF”) says. The New Measures Energy regulator Ofgem delivered a set of measures on 21st September 2009 which was aimed at making the (...)

The German Competition Authority fines a contact lens provider €11.5 million for fixing minimum resale prices and restricting the Internet and wholesale sales of its products (CIBA Vision)
Fried Frank Harris Shriver & Jacobson (London)
United Kingdom 5 contributions 24274 visits
On September 25, 2009, the German Federal Cartel Office (FCO) levied a fine of €11.5 million against contact lens provider CIBA Vision Vertriebs GmbH (CIBA) for fixing minimum resale prices and restricting Internet and wholesale sales of its products. This is the third decision imposed by the (...)

The German Competition Authority imposes a fine on the market leader in the wholesale supply of contact lenses for having inter alia employed an internal price maintenance program, including the systematic monitoring of retail prices for contact lenses and the exertion of pressure, the granting of advantages as well as agreements and concerted practices with Internet dealers (CIBA Vision)
Linklaters (Düsseldorf)
Germany 17 contributions 18905 visits
Description of the impugned case The FCO found various measures under CIBA’s price maintenance program, that in the view of the FCO amounted to a fixing of minimum resale prices. In particular, the FCO considered an infringement of Article 81 EC (now Art. 101 TFEU) and the corresponding (...)

The German Competition Authority imposes a multi-millions fine against the market leader in the contact lenses business (CIBA Vision)
Mutze Korsch Rechtsanwaltsgesellschaft (Düsseldorf)
Germany 6 contributions 14150 visits
Background CIBA Vision Vertriebs GmbH, Großostheim (“CIBA Vision”) is the market leader in the contact lenses business in Germany, who is selling a great many of its products via internet. In the past it operated a so called “surveillance and intervention system”. Several persons were in (...)

The High Court of Eastern Denmark doubles fine imposed by the District Court on a professional association for recommending retail prices (Christmas Tree Growers Association)
Plesner (Copenhagen)
Denmark 41 contributions 74412 visits
On 24 September 2009 the High Court of Eastern Denmark increased the fine imposed by a District Court on the Danish Christmas Tree Growers Association for having infringed section 6 of the Danish Competition Act (national provision similar to Article 101 of the TFEU) by having issued price (...)

The Hungarian Competition Authority condemns an RPM scheme concerning GPS devices (LCP/Mitac)
DLA Piper (Budapest)
Hungary 37 contributions 99711 visits
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DLA Piper (Budapest)
Hungary 35 contributions 75064 visits
Description of the impugned case The distribution agreements by Mitac as well as LCP (as producers and importers) concerning various GPS devices (PNAs, PDAs with GPS function, etc.) did not contain straightforward RPM clauses, nevertheless, direct contacts between the parties (in particular, (...)

The Cypriot Competition Authority finds four oil companies violated competition rules and imposes millions in fines (Retail fuel market of Cyprus)
Antoniou McCollum & Co. (Nicosia)
Cyprus 15 contributions 16933 visits
The Cyprus Commission for the Protection of Competition (CPC) issued its long-awaited decisions in connection to the investigation it carried into the retail fuel market of Cyprus. The investigation concerned the respective violations of national competition legislation on behalf of the four (...)

The Hungarian Competition Authority fines banks and international card companies for setting domestic interchange fees (Visa / Mastercard / Hungarian banks)
Lakatos, Köves (Budapest)
Hungary 35 contributions 47391 visits
On 24 September 2009 in proceedings n° Vj-18/2008 launched against 23 Hungarian banks, as well as the international card companies MasterCard and Visa, the Hungarian Competition Office (the "HCO") fined seven Hungarian banks for setting the same domestic interchange fee for all banks and both (...)

The UK Office of Fair Trading exercises its discretion not to refer the newspaper and magazine distribution industry to the Competition Commission despite competition concerns
DLA Piper (London)
United Kingdom 25 contributions 18477 visits
Summary The Office of Fair Trading (OFT) has decided not to refer the market for newspaper and magazine distribution in the UK to the Competition Commission (CC) for a market investigation (the MIR Decision). Background Following the revocation, in May 2005, of the Vertical Agreements (...)

The Hungarian Competition Authority fines seven banks and two card companies banks for setting multilateral interchange fees (Visa / Mastercard / Hungarian banks)
King’s College (London)
United Kingdom 8 contributions 12876 visits
On 24 September 2009, the Gazdasági Versenyhivatal (GVH, competition authority of Hungary) adopted an infringement decision establishing that card companies Visa Europe, Mastercard and several Hungarian banks infringed Hungarian competition law and Article 81 EC with their agreement on (...)

The EU Court of Justice dismisses an appeal by four Austrian banks against a CFI judgment which upheld a Commission decision that fined €124.6 million eight banks for their participation in a series of illicit agreements (Lombard club cartel)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95176 visits
On 24 September 2009, the ECJ dismissed in its entirety an appeal by four Austrian banks against a CFI judgment of December 2006, in which the CFI largely upheld a Commission decision of June 2002 that fined eight Austrian banks a total of € 124.26 million for their participation in a series (...)

The Russian Competition Authority establishes the existence of price-fixing agreements concluded between a mobile phone manufacturer and its distributors (Nokia)
University of Macau - Faculty of Law
China 284 contributions 226321 visits
On 23 September 2009 Russian Competition Authority (FAS) established that leading manufacturer of mobile phones NOKIA has infringed Russian competition law by including recommended resale prices in its distribution contracts. Due to the fact that NOKIA has subsequently deleted “recommended (...)

The Italian Competition Authority closes the investigation initiated in the Italian market for auction houses services with a “non-infringement” decision (Auction houses)
BonelliErede (Rome)
Italy 41 contributions 54303 visits
By its decision delivered on 23 September 2009 , the Italian Competition Authority (the “ICA”) closed the proceedings that had been initiated against two leading Italian fine arts auction houses, finding that the information gathered during the investigation was unlikely to demonstrate the (...)

The UK OFT imposes £129.5 million in fines on construction firms for colluding with competitors (Construction Industry Cartel)
University of Exeter
United Kingdom 3 contributions 4038 visits
By its decision of 22 September 2009, the UK Office of Fair Trading (the ‘OFT’) imposed £129.5 million in fines on construction firms for colluding with competitors. The decision is the outcome of the UK’s largest ever cartel investigations.The OFT found that the companies concerned were (...)

The Higher Regional Court of Düsseldorf rejects complaint of sports associations (DFL - German Football League / Association of Leagues)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95176 visits
In a recently published decision of 16 September 2009, the Higher Regional Court of Düsseldorf rejected a legal action brought by the German Football League (“DFL”) and the Association of Leagues against the German Federal Cartel Office (“FCO”). In April 2008, the DFL had presented to the FCO (...)

The Tokyo District Court fines three galvanized steel sheet companies and six former sales executives guilty of violating Japan’s Antimonopoly Act for participating in a price-fixing cartel (Nisshin / NSS / JFE)
O’Melveny & Myers (Tokyo)
Japan 1 contribution 192 visits
On September 15, 2009, the Tokyo District Court found three galvanized steel sheet companies and six former sales executives guilty of violating Japan’s Antimonopoly Act (“AMA”) for participating in a price-fixing cartel. According to publicly available sources, including prosecution (...)

The Moldovan Competition Authority issues a conditional exemption of cooperation agreement between two leading sugar producers (Südzucker Moldova / Gold Crown)
University of Macau - Faculty of Law
China 284 contributions 226321 visits
On 10 September 2009 Moldovan Competition Authority (ANPC) approved a cooperation agreement concluded between two leading sugar producers, Südzucker Moldova S.A. (Südzucker) and Gold Crown S.R.L. (Gold Crown), subject to conditions. Within the agriculture-oriented national economy of Moldova (...)

The European Court of Justice finds that a parent company had been correctly identified by the Commission as jointly and severally liable for the actions of certain of its 100 per cent subsidiaries involved in the global cartel concerning choline chloride (Akzo Nobel)
Simmons & Simmons (London)
United Kingdom 19 contributions 4878 visits
On 10 September 2009, the European Court of Justice (ECJ) in Case C-97/08P found that Akzo Nobel had been correctly identified by the Commission as jointly and severally liable for the actions of certain of its 100 per cent subsidiaries involved in the global and EEA wide cartel concerning (...)

A German Court confirms decision of German Federal Cartel Office regarding a boycott in dairy sector (BDM)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95176 visits
In a recently published decision of 9 September 2009, the Higher Regional Court of Düsseldorf upheld a decision of the German Federal Cartel Office (“FCO”) of November 2008 which found that a call on farmers made by the German Federal Dairy Farmers’ Association (“BDM”) to boycott dairies (...)

The French Competition Authority issues an opinion on the effects of competition on the development of approved healthcare networks
French Competition Authority (Paris)
France 748 contributions 410517 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence stipulates the conditions under which the development of networks of approved health professions can be favorable to competition and in the interests of patients.* After a (...)

The Greek Parliament criminalizes horizontal competition law infringements
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47600 visits
On 7 September 2009, a revised Greek competition law regime came into effect, implementing important changes to the competition rules. Under the new regime, individuals who have concluded agreements or have been involved in decisions or concerted practices that: (i) are prohibited by Article (...)

The Moldovan Competition Authority identifies unfair competition practices in the banking sector (Banca Naţională a Moldovei)
University of Macau - Faculty of Law
China 284 contributions 226321 visits
On 4 September 2009 National Agency for Protection of Competition (Agenţia Naţională pentru Protecţia Concurenţei) (ANPC) adopted a decision of non-intervention regarding the unfair competition practices observed in the banking industry. In November 2008 the ANPC initiated an investigation (...)

A Danish Court of Appeal reduces the fines imposed by the City Court on an association, its director and its deputy director for encouraging a price increase (Danish coach drivers’ association)
Plesner (Copenhagen)
Denmark 41 contributions 74412 visits
On 3 September 2009, the Danish Eastern High Court reduced the fines imposed by the City Court of Copenhagenon the Danish Coach Drivers’ Association, its director and its deputy director for infringing Section 6 of the Danish Competition Act (equivalent to Article 81 EC) by encouraging its (...)

The EU Court of Justice partially annuls Commission decision on rights of defence in the carbonless paper cartel (Papierfabrik August Koehler)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95176 visits
On 3 September 2009, the ECJ partially set aside the CFI’s judgment and annulled the Commission’s decision in the carbonless paper cartel case. In December 2001, the Commission fined ten undertakings a total of € 313.7 million for their participation in a series of price-fixing agreements and (...)

The Spanish Competition Authority publishes report on competition within the automotive fuel sector (Informe sobre la competencia en el sector de carburantes de automoción)
Hogan Lovells (Madrid)
Spain 47 contributions 92467 visits
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Allianz (Brussels)
Belgium 23 contributions 39705 visits
On 3 September 2009, the Spanish Competition Commission published a Report on competition within the automotive fuel sector in Spain (the "Report"). The Report analyses in detail the competitive structure of the retail market in Spain (level of competition, entry barriers, regulation, etc). (...)

The Viennese Commercial Court finds a private damages claim following a fine decision in the non-cash payment industry to be time-barred (Europay)
Bpv Hügel (Vienna)
Austria 8 contributions 5684 visits
Decision 22 Cg 138/07y of 3 September 2009 by the Viennese Commercial Court (Handelsgericht Wien) concerns the, as far as can be seen, second private enforcement case of a claimant seeking damages in Austria following a fine decision. The decision by the Viennese Commercial Court, which found (...)

The Dutch Arnhem-Leeuwarden Appeal Court accepts the passing-on defence in landmark case (ABB)
Simmons & Simmons (Brussels)
Belgium 21 contributions 16028 visits
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Euroclear (Brussels)
Belgium 7 contributions 1465 visits
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Simmons & Simmons (Amsterdam)
Netherlands 4 contributions 434 visits
Cartel members are not liable in damages to direct customers for any portion of the overcharge that the customer has passed on to its own purchasers. In brief Private enforcement has been high on the agenda of the European Commission throughout the five year term ending 31 October 2014, as (...)

Unilateral Practices

 The US District Court for the Southern District of New York dismisses antitrust claims raised by a distributor of compatible mainframe computers produced by the plaintiff (IBM / T3 Technologies)
IPR University Center (Helsinki)
Finland 29 contributions 5551 visits
U.S. District Court dismisses T3’s antitrust claims against IBM* On 30 September 2009 the U.S. District Court of S.D.N.Y. granted in International Business Machines Corp. v. Platform Solutions, Inc. and T3 Technologies, Inc. (No. 06 Civ. 13565(LAK)) IBM’s motion for summary judgment on (...)

The German Higher Regional Court of Dusseldorf rules on a damages claim in the postal sector (Deutsche Post)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 67144 visites
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Practising Law Institute (New York)
United States 93 contributions 32022 visits
In a published judgment of 30 September 2009, the Higher Regional Court of Düsseldorf (“Court”) upheld the decision of the Regional Court of Düsseldorf according to which a consolidator was entitled to obtain damages from Deutsche Post AG (“DPAG”) for lost profits. The consolidator was a (...)

The Latvian Administrative Regional Court in Riga dismisses legal proceedings on unfair airport fees discounts (Riga International Airport)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220546 visits
Latvia: Court dismisses Legal Proceeding in Case on Unfair Discounts applied by Riga International Airport On 29 September 2009, following an administrative agreement signed between the state owned company Riga International Airport and the Competition Council, the Administrative Regional (...)

The Japanese FTC issues a cease and desist order against a company for having coerced Japanese manufacturers to conclude a restrictive license agreement on essential patents (Qualcomm)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 25014 visits
Cease and Desist Order against QUALCOMM Inc orporated* The Japan Fair Trade Commission (JFTC) has investigated QUALCOMM Incorporated (QUALCOMM) in accordance with the provisions of the Antimonopoly Act (AMA) and found it to be in violation of Article 19 of the AMA (falling within Paragraph (...)

The Japanese FTC challenges "essential" patent licenses (Qualcomm)
Homma & Partners
Japan 7 contributions 5534 visits
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Jones Day (Tokyo)
United States 8 contributions 4490 visits
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Jones Day (Tokyo)
United States 5 contributions 3872 visits
The Japan Fair Trade Commission ("JFTC") has announced a cease and desist order requiring that Qualcomm Inc. rescind license provisions that required licensees to cross-license their patents to Qualcomm and refrain from asserting their own patents against Qualcomm or Qualcomm licensees. The (...)

The Lithuanian Parliament amends the Competition Act regarding undertakings holding a dominant position in the retail trade sector
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220546 visits
Lithuania: Recent Amendment to the Law on Competition On 24 September 2009, Article 3(11) (which sets out the definition of a dominant position) of the Law on Competition of the Republic of Lithuania was modified: the amendment came into force as of 1 January 2010. Following this change, (...)

The French Administrative Supreme Court confirms Airtours test for collective dominance (Deloitte / JMF)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72717 visites
On 20 September 2009, the French Council of State dismissed an appeal brought against the French Minister of Economy’s decision of December 2006 approving the acquisition by Deloitte of BDO Marque & Gendrot. Deloitte is one of the “Big Four” audit firms, while BDO Marque & Gendrot is a (...)

The Belgian Competition Authority classifies a case on abuse of dominant position on the grounds of lack of priority and lack of resources for the first time (Codenet / Colt Telecom / Versatel and WorldCom / Belgacom)
NautaDutilh (Brussels)
Belgium 5 contributions 3955 visits
The decision of the College of Competition Prosecutors - the investigating authority of the Belgian Competition Council - is of importance insofar as it has for the first time in Belgium closed an investigation on the grounds of a lack of priority and a lack of resources. In 2009, the Belgian (...)

The Belgian Competition Authority dismisses a complaint against the incumbent telecom operator due to resources and investigation priorities issues (Belgacom)
Liège University
France 39 contributions 158343 visits
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Pire Asset Management (Charleroi)
3 contributions 2452 visits
1. The parties Four plaintiffs are involved in this case. “Codenet SA” (now “Telenet SA”), “Colt Telecom SA”, “Versatel Belgium SA” (now “KPN Belgium SA”) and “WorldCom SA” (now “Verizon Belgium Luxembourg SA”) which are four companies providing telecommunications services in Belgium. The (...)

The EU Court of Justice AG Kokott recommends overturning the CFI judgment that annulled a decision to accept commitments (Alrosa)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 67144 visites
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Practising Law Institute (New York)
United States 93 contributions 32022 visits
On 17 September 2009, Advocate General Kokott issued her Opinion in Commission v. Alrosa, which concerns the Commission’s appeal of a CFI judgment that annulled a decision to accept commitments proposed by De Beers under Article 9 of Regulation 1/2003. In her Opinion, Advocate General Kokott (...)

The French Competition Authority orders interim measures against an overseas mobile phone operator (SRR)
French Competition Authority (Paris)
France 748 contributions 410517 visits
The Autorité de la concurrence imposes emergency measures on SRR in order to re-establish competition on Reunion and Mayotte before the holiday season* After a referral firstly by Orange Réunion and Orange Mayotte, and secondly by Outremer Télécom, the Autorité de la concurrence issued a (...)

The French Competition Authority imposes interim measures on a telecommunications operator in overseas territory (SRR)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 67144 visites
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Practising Law Institute (New York)
United States 93 contributions 32022 visits
On 16 September 2009, the French Competition Authority found that the difference between intra-network and inter-network tariffs charged by mobile operator SRR, a subsidiary of French mobile operator SFR, were prima faciecontrary to Article 82 EC and the equivalent French provision and created (...)

The Slovak Competition Authority condemns a leading undertaking in the field of waste management for abuse of dominant position (ENVI-PAK)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220546 visits
Slovakia: Council of the Antimonopoly Office to decide on Prohibition of Abuse in “Green Dot” Licensing Case by ENVI-PAK On 16 September 2009, ENVI-PAK appealed the decision of the Antimonopoly Office of 28 August 2009 before the Council of the Office. The Office found that ENVI-PAK had (...)

The Macedonian Supreme Court upholds the Competition Authority’s decision to prosecute a mobile phone operator for abusive voicemail charges (Cosmofon)
University of Macau - Faculty of Law
China 284 contributions 226321 visits
On 13 September 2010 the Macedonian Supreme Court upheld the infringement decision issued by the Macedonian Competition Authority (KZK) against the mobile phone operator Cosmofon for committing an abuse of dominant position on the market for mobile phone call termination on its own network. (...)

The Brussels Court of Appeal confirms that an association of authors requiring signature of its master agreement to grant authorizations to duplicate CDs could not be considered as an abuse of dominant position (SPRL 3.14 / SABAM)
Bollé Brands (Paris)
France 3 contributions 2362 visits
Introduction In a judgment of 10 September 2009, the Brussels Court of Appeal confirmed a decision of the Commercial Tribunal which ruled that the requirement by an association of authors of the signature of its Master agreement in order to grant authorisations to duplicate CDs could not be (...)

The EU General Court confirms the EU Commission’s decision in an abuse of dominant position case in the banking sector (Clearstream)
European Commission - DG COMP (Brussels)
Belgium 8 contributions 8860 visits
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European Commission - DG EAC (Brussels)
Belgium 4 contributions 1860 visits
Clearstream: General Court confirms Commission Decision* On 9 September 2009 the Court of First Instance (now the General Court) dismissed the action for annulment brought by Clearstream Banking AG (also known as Clearstream Banking Frankfurt or CBF) and Clearstream International SA against (...)

The Slovak Competition Authority fines a leading packaging company for an abuse of dominant position (ENVI-PAK)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 67144 visites
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Practising Law Institute (New York)
United States 93 contributions 32022 visits
On 8 September 2009, the Slovak competition authority imposed a fine of about € 18,000 on ENVI-PAK for abuse of its dominant position by applying discriminatory prices in licensing the “Green Dot” trademark. Manufacturers pay to place the Green Dot trademark on packaging in order to signal (...)

The EU Commission holds a public hearing on the U.S. settlement with class of authors and publishers (Google Books Settlement)
Ashurst (Milan)
Italy 103 contributions 30280 visits
European Commission holds public hearing on the “Google Books” US settlement* On 7 September 2009, the European Commission held an “information hearing” to establish the effect on the EU market of Google’s settlement with a US class of authors and publishers, which disputed steps taken by (...)

The Portuguese Competition Authority adopts landmark decision concerning an abuse of dominant position case in the Internet broadband access markets (PT / ZON)
Luís Silva Morais (Lisbon)
Portugal 13 contributions 31299 visits
In the beginning of September, 2009, the Portuguese Competition Authority (hereinafter, ’ADC’) has adopted a decision concerning an important case of abuse of dominant position in the wholesale and retail markets for internet broadband access. This decision confirms the special attention that (...)

The Portuguese Competition Authority finds companies guilty for abuse of dominant position on wholesale and retail markets for broadband access services (PT Group / ZON Group)
Hamburg Süd (Sao Paulo)
Brazil 1 contribution 1199 visits
After due investigation, the Portuguese Competition Authority Council held, last September, that there was an abuse of dominant position, on wholesale and retail markets for broadband access services, by the following companies that belong to PT Group and ZON Group: Portugal Telecom SGPS SA (...)

The Portuguese Competition Authority fines two telecom operators €53M euros for abuse of dominant position in the wholesale and retail broadband markets (Portugal Telecom / ZON)
DLA Piper (Lisbon)
Portugal 20 contributions 28633 visits
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Pares Advogados (Lisbon)
Portugal 4 contributions 3674 visits
On 2 September 2009, after a 6-year investigation, the Portuguese Competition Authority imposed a €45 million fine on the incumbent operator Portugal Telecom (PT) and an €8 million fine on ZON, its former multimedia division. It’s the largest fine ever imposed by the Portuguese watchdog. At (...)

Mergers

 The Spanish Competition Authority requests the EU Commission on the interpretation of the 15-day deadline to request a referral under article 22 of the EU Merger Regulation (Syngenta/Monsanto)
Cuatrecasas (Barcelona)
Spain 7 contributions 1126 visits
On September 30, 2009, the Spanish Competition Authority (the “CNC”) requested the European Commission to examine, under article 22.1 of the EU Merger Regulation, the transaction through which Syngenta Crop Protection (“Syngenta”) acquired sole control of the sunflower seed business of (...)

The EU Court of First Instance dismisses an appeal against a Commission’s decision clearing a joint venture in the music sector (Impala)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72717 visites
On 30 September 2009, the Court of First Instance adopted an order dismissing an appeal brought by the Independent Music Publishers and Labels Association (Impala) against the European Commission’s second decision clearing the joint venture between the global recorded music businesses of Sony (...)

The EU Commission conditionally approves a merger between two consumer electronics manufacturers (Sanyo / Panasonic)
European Commission - DG COMP (Brussels)
Belgium 2 contributions 2338 visits
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European Investment Bank (Luxembourg)
Luxembourg 1 contribution 783 visits
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European Commission
Belgium 1 contribution 783 visits
"Merger Case M.5421 Panasonic/Sanyo – Batteries included or ‘lost in translation’?"* I. Introduction It would be fair to say that consumer electronic products, rather than batteries, are perhaps the first things that come to mind when the names ‘Panasonic‘ and ‘Sanyo‘ are mentioned. (...)

The EU Commission clears, subject to conditions, a merger between two Japanese industrial services companies (Sanyo / Panasonic)
JG Associates (Brussels)
193 contributions 64275 visits
"Merger: main developments between 1 September and 31 December 2009"* On 29 September 2009 the European Commission cleared the acquisition of Sanyo Electric Co., Ltd. by Panasonic Corporation, both of Japan. The approval was conditional upon the divestment of certain battery production (...)

The Chinese MOFCOM clears major overseas transaction in automobile industry subject to conditions (GM / Delphi)
WilmerHale (Beijing)
China 4 contributions 2319 visits
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WilmerHale (Beijing)
China 3 contributions 1467 visits
China’s Ministry of Commerce (MOFCOM) has just cleared two major overseas transactions, Pfizer’s acquisition of Wyeth in the pharmaceuticals industry and General Motors’ reacquisition of elements of auto parts manufacturer Delphi on September 28 and 29, respectively. Both clearances were (...)

The Chinese MOFCOM conditionally clears a major overseas transaction in the pharmaceuticals industry (Pfizer / Wyeth)
WilmerHale (Beijing)
China 4 contributions 2319 visits
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WilmerHale (Beijing)
China 3 contributions 1467 visits
China’s Ministry of Commerce (MOFCOM) has just cleared two major overseas transactions, Pfizer’s acquisition of Wyeth in the pharmaceuticals industry and General Motors’ reacquisition of elements of auto parts manufacturer Delphi on September 28 and 29, respectively. Both clearances were (...)

The Estonian Competition Authority gives second phase merger clearance to the merger of two market leaders leading to 66% post-merger market share in the field of leading media (Cheh OÜ/Ekspress Hotline)
Arnold & Porter Kaye Scholer (Brussels)
Belgium 2 contributions 1543 visits
The case concerns the merger of two market leaders in the field of the so-called leading media Cheh OÜ and Ekspress Hotline, as a result of which the Latvian holding company SIA Contact Holding, owner of Cheh OÜ, acquired dominant influence over 66% of the relevant market in Estonia. The (...)

The Austrian Competition Authority conditionally clears joint venture between oil companies (BP / Shell / OMV)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72717 visites
According to a recent press release, the Austrian Competition Authority has conditionally cleared a proposed joint venture between oil companies BP, Shell and OMV. The joint venture provides refuelling services at Salzburg airport, but does not itself sell fuel (this is done separately by the (...)

The French Competition Authority clears a merger on the markets of fresh catering products (LDC / Marie)
French Competition Authority (Paris)
France 748 contributions 410517 visits
The Autorité de la concurrence authorises the acquisition of the Marie company by the LDC group.* The Autorité de la concurrence considers that the purchase of the Marie company by the LDC group , while strengthening the market shares of the LDC group on the markets for fresh catering (...)

The EU Commission opens an in-depth investigation into the planned acquisition on the market for databases (Oracle / Sun Microsystems)
Ashurst (Milan)
Italy 103 contributions 30280 visits
Commission’s in-depth investigation into Sun Microsystems takeover by Oracle* On 3 September 2009, the European Commission opened an in-depth investigation into the planned acquisition of U.S. hardware and software vendor Sun Microsystems by Oracle Corporation, a U.S. database and (...)

State Aid

 The EU Commission adopts guidelines on application of State aid rules to the public funding of broadband networks
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34655 visits
"State aid: main developments between 1 September and 31 December 2009"* The European Commission has adopted Guidelines on application of state aid rules to the public funding of broadband networks. Over the last five years, the Commission has adopted more than 40 individual decisions (...)

The EU Commission approves public co-financing of broadband network covering the entire French department of Hauts-de-Seine, including the non-profitable areas
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34655 visits
"State aid: main developments between 1 September and 31 December 2009"* On 30 September 2009, the European Commission approved public co-financing of the roll-out of a passive, neutral and open broadband network covering the entire French department of Hauts-de-Seine, including the (...)

The EU Commission issues guidelines for the application of State aid rules in relation to rapid deployment of broadband networks
European Ombudsman (Strasbourg)
France 4 contributions 1864 visits
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European Commission - DG CNECT (Brussels)
Belgium 1 contribution 815 visits
,
DG Economic and Financial Affairs-ECFIN (Brussels)
Belgium 3 contributions 1568 visits
"The new State Aid Broadband Guidelines: not all black and white"* I. General context A. The importance of broadband development There is widespread consensus on the crucial impact of broadband development for economies and societies. Broadband networks have the potential to affect (...)

The EU Commission approves restructuring State aid granted to a German medium-size private bank (IKB)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34655 visits
"State aid: main developments between 1 May and 31 August 2009"* IKB is a medium-sized private German bank with a business focus on medium-sized companies. IKB was the first bank in Germany to receive aid, in 2007, to offset the damage caused by bad investments in structured securities. (...)

The EU Commission adopts guidelines for public funding of broadband networks
Van Bael & Bellis (Brussels)
Belgique 155 contributions 35078 visites
On 17 September 2009, the Commission issued new guidelines for the application of State aid rules to the public funding of broadband networks (the ‘Guidelines’). The aim of these Guidelines is to accelerate and extend deployment of broadband networks by providing a transparent and predictable (...)

The Advocate General Kokott issues opinion on access to documents in State aid investigations (Technische Glaswerke Ilmenau)
Van Bael & Bellis (Brussels)
Belgique 155 contributions 35078 visites
On 8 September 2009, Advocate General Kokott handed down her opinion in a case concerning the Commission’s refusal to grant access to certain documents in State aid proceedings. The Advocate General essentially agrees with the earlier judgment of the Court of First Instance which found that (...)

The Dutch Supreme Court determines that a tax on airlines which start their journeys in the Netherlands does not constitute a selective advantage on airlines which merely make a stop there notwithstanding the fact that those airlines are exempt (Ryanair / Maastricht Aachen Airport)
Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 665 visits
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Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 20 contributions 1079 visits
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Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 665 visits
Between 1 July 2008 and 1 July 2009, a so-called “flight tax” was levied on every air passenger starting their journey from the Netherlands. While the tax was levied on the airline operator, the legislator had assumed that the airlines would pass the tax onto passengers. However, because the (...)

The EU Commission endorses a payment of State aid to a French TV broadcaster under the communication on State aid for the funding of public service broadcasters but opens a formal investigation into other aspects of the funding (France Télévision)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34655 visits
"State aid: main developments between 1 September and 31 December 2009"* On 1 September 2009, the European Commission authorised a payment of state aid to France Télévision in 2009, as it complied with the Commission Communication on state aid for the funding of public service broadcasters. (...)

Procedures

 The Spanish National Court finds that the ANC has exceeded its powers in taking copies of company employees hard drives and breached the principle of domicile inviolability (Spanish Cosmetic Toiletry / Stanpa)
Airbus (Toulouse)
France 5 contributions 6237 visits
This judgment assessed the legality of the dawn raids carried out by the Spanish Competition Commission (CNC) in the professional hairdressing sector in 2008 in relation to alleged price-fixing and other anti-competitive practices. The appeal was launched before the National Court by the (...)

The Spanish Court of Appeal issues a decision that renders illegal some of the Competition Authority’s inspection practices (CNC)
Garrigues (Brussels)
Belgium 19 contributions 11571 visits
Spanish Court of Appeal strikes down CNC’s Inspection Practices* The Audiencia Nacional (‘AN’) – i.e. the Spanish Court in charge of the review of decisions adopted by the Spanish National Competition Commission (‘CNC’) – recently delivered an important judgment quashing some of the CNC’s (...)

The US Court of Appeals for the Ninth Circuit holds a class-arbitration clause in a telephone sector agreement unenforceable under state law (Laster / AT&T Mobility)
Wolters Kluwer (Riverwoods)
United States 78 contributions 39243 visits
Enforceability of Class-Arbitration Bans Still an Open Question* Including an arbitration agreement in a commercial or consumer contract that requires your customer to pursue only individual claims in the arbitral forum will not necessarily protect you from class-wide arbitration. You will (...)

The Croatian Competition Authority released its annual report
University of Macau - Faculty of Law
China 284 contributions 226321 visits
On 14 September 2009 the Croatian Competition Authority (Agencija za zaštitu tržišnog natjecanja) (AZTN) released its 2008 Annual Report where it summarized its law enforcement and related activities carried out in 2008. One of the major developments of the Croatian competition law (...)

The Local Court of Bonn asks the EU Court Justice for clarification on the relationship between access to the file for claimants and leniency (Pfleiderer)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220548 visits
Germany: Access to the File for Claimants vs. Leniency - Local Court of Bonn asks ECJ for Clarification In a cartel case which was based inter alia on Article 81 of the EC Treaty (now Article 101 of the Treaty on the Functioning of the European Union), a customer applied for access to the (...)

The EU Court of Justice dismisses an application to intervene in appeals against the Commission’s decision not to grant legal privilege to two sets of documents copied by the Commission in the course of a dawn raid (Akzo Nobel)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47600 visits
The European Court of Justice (ECJ) has dismissed applications to intervene in an appeal by Akzo Nobel Chemicals Ltd (Akzo) and Akcros Chemicals Ltd (Akcros) against a Commission Decision not to grant legal privilege to two sets of documents copied by the Commission in the course of a dawn (...)

Regulatory

 The Italian Competition Authority closes its sector inquiry on editorial distribution
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220548 visits
Italy: Antitrust Authority has closed its Sector Inquiry on Editorial Distribution On 23 September 2009, the Italian Competition Authority concluded a sector inquiry into the editorial distribution sector. In particular, the inquiry showed that this sector is marked by competition-related (...)

The French Competition Authority issues an opinion on the deployment of very high-speed optical fibre networks
Autorité de la concurrence (Paris)
France 748 contributions 410517 visites
Press Release published on the official website of the French Competition Authority. Deployment of very high-speed optical fibre networks: The Autorité de la concurrence is in favour of the set-up of a multi-fibre architecture that ensures the independence of the actors and the market’s (...)

The Estonian Competition Authority proposes to amend the distribution of non prescription drugs market
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220548 visits
Estonia: The Estonian Competition Authority proposes to amend Medicines Market Regulation On 18 September 2009, the Estonian Competition Authority has made a final proposal to the Ministry of Economic Affairs and Communications with the view to improve the competitive situation in the (...)

The Nordic Competition Authorities publish a joint report on competition policy and financial crisis
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220548 visits
The Nordic Competition Authorities: Joint Report on the Financial Crisis - Regional Cooperation works: the Nordic Experience On 10 September 2009, the Nordic Competition Authorities published their joint report “Competition Policy and Financial Crisis - Lessons Learned and the Way Forward.” (...)

The UK Competition Authority publishes a guide on competition as an essential consideration for successful government policy
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220548 visits
United Kingdom: Office of Fair Trading publishes a Guide on Competition as an Essential Consideration for Successful Government Policy On 8 September 2009, the OFT published a guide for national policy makers on how they can identify and minimize unintended long term impacts on competitive (...)

The French Competition Authority issues an opinion on the maritime freight and mass retail distribution sector in the French overseas departments
Autorité de la concurrence (Paris)
France 748 contributions 410517 visites
Press Release published on the official website of the French Competition Authority. Maritime freight and mass retail distribution in the DOM: The Autorité de la concurrence recommends improving the operation of the competitive mechanisms in the markets in order to revitalize mass retail (...)