September 2012

General antitrust

 The French Competition Authority publishes results of inquiry into e-commerce sector
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220286 visites
France: The Autorité de la concurrence publishes Results of Sector Inquiry into e-commerce* On 18 September 2012, the Autorité de la concurrence (the Autorité) published the findings of its inquiry into e-commerce which 30 million French people have used in 2011. Focus was put on (...)

Anticompetitive practices

 The Italian Competition Authority imposes the maximum fines allowed under the law against an horizontal cartel influencing an overall market share equal to 95% of the traffic barriers sector (Metalmeccanica Fracasso, Industria Meccanica Varricchio...)
Legance - Studio Legale (Rome)
Italy 21 contributions 31231 visits
,
The Apartment Pictures (Rome)
Italy 2 contributions 340 visits
1. Facts The case concerned an agreement between seven Italian undertakings active in the market for traffic barriers, holding an overall share of 95%. The cartel was aimed to concert commercial practices, control the production and prevent competition in the relevant market. The agreement (...)

The EU General Court dismisses an appeal in the flat glass cartel case (Guardian)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 94970 visits
On 27 September 2012, the EU General Court (“GC”) issued its judgment on the appeal brought by Guardian Industries Corp and Guardian Europe Sarl (“Guardian”) against a Commission decision fining them a total of € 148 million for their participation in a cartel in the flat glass sector (...)

The Italian Competition Authority fines cartel in road barriers market (Road barriers cartel)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220286 visites
Italy: The Italian Competition Authority fines Cartel in Road Barriers Market* On 27 September 2012, the Italian Competition Authority (ICA) concluded an investigation in the market for safety metal devices for roads and motorways. The investigation had been opened ex officio by the ICA (...)

The Spanish Competition Commission imposes a €50,000 fine on an individual, for collective price recommendations (CEOE and Mr. Joan Gaspart)
Spanish Competition Authority (CNMC) (Madrid)
Belgium 14 contributions 12581 visits
,
Cuatrecasas (Barcelona)
Spain 5 contributions 3156 visits
,
Cuatrecasas (Barcelona)
Spain 7 contributions 1122 visits
The CNC’s Directorate of Investigations learned through several press reports of the statements that Mr. Joan Gaspart, chairman of the Tourism Board of the Spanish Confederation of Business Organizations of the CEOE, made on January 19, 2011, at the 2011 Spanish International Tourism Fair (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on manufactures and distributors of expanded poly-styrol blocks for bid rigging and pronounces a cease and desist order against them
Japan Fair Trade Commission (Tokyo)
Japon 140 contributions 24923 visites
The JFTC Issued Cease and Desist Orders and Surcharge Payment Orders against Manufactures and Distributors of Expanded Poly-styrol Blocks* The Japan Fair Trade Commission (JFTC) today issued cease and desist orders and surcharge payment orders against enterprises engaged in manufacturing and (...)

The Italian Administrative Supreme Court reinstates a decision issued by the NCA concerning a market sharing agreement in the water management sector, that had been previously annulled by the First Instance Administrative Court (Acea / Suez Environment)
Legance - Studio Legale (Rome)
France 12 contributions 12866 visits
By judgement n. 5067 of 24 September 2012, the Italian Supreme Administrative Court (Consiglio di Stato) upheld an appeal by the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “ICA”) and reinstated the ICA decision no. 17623 of 22 November 2007 (...)

The Greek Competition Commission fines five undertakings for participating in a cartel in the ready-mixed concrete market in Crete
University of Reading
France 5 contributions 18832 visits
,
University of Reading
United Kingdom 2 contributions 372 visits
Facts of the Case The Greek Competition Commission (“Epitropi Antagonismou”; hereinafter: the Commission) investigated the behaviour of undertakings active in the production and supply of ready-mixed concrete on the island of Crete, Greece. The procedure was initiated by the Commission ex (...)

The US District Court for the Northern District of California imposes $500 M fine on a Taiwan-based liquid crystal display (LCD) producer for its participation in a five-year conspiracy to fix the prices of thin-film transistor LCD panels (AU Optronics)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
Acting Antitrust Chief Attributes Recent Enforcement Successes to Focus on Litigation Skills* On September 20, 2012 the federal district court in San Francisco imposed a record-tying $500 million fine on AU Optronics Corporation (AUO), a Taiwan-based liquid crystal display (LCD) producer, (...)

The German Competition Authority imposes fines on manufacturers of power transformers on account of collusive tendering (ABB / Alstom Grid / Siemens / Starkstrom-Gerätebau)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220286 visites
Germany : The Bundeskartellamt imposes Fines on Manufacturers of Power Transformers on account of collusive Tendering* On 20 September 2012, the Bundeskartellamt (BKartA) imposed fines totalling € 24 300 000 on four manufacturers of power transformers for an infringement of the national and (...)

The Swedish Competition Authority issues an interim order prohibiting national elite ice hockey league from boycotting players from North America’s national hockey league (Svenska Hockeyligan)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220286 visites
Sweden: The Swedish Competition Authority issued an interim order prohibiting Svenska Hockeyligan AB, Sweden’s elite ice hockey league, from boycotting players from North America’s National Hockey League* On 20 September 2012, the Swedish Competition Authority (SCA) issued an interim order (...)

The Romanian Competition Council fines professional association for creating barriers to entry to the profession and for setting of execution expenses (National Union of Bailiffs)
Romanian Competition Council (Bucharest)
Romania 1 contribution 250 visits
On 30.09.2012, The Competition Council has sanctioned the National Union of Bailiffs from Romania (hereinafter UNEJ) for the violation of Competition Law for the creation of barrier to entry to the profession by fixing an excessive and discriminatory fee and for setting of execution expenses (...)

The US District Court for the Northern District of California imposes $500 M fine on a Taiwan-based liquid crystal display producer for price fixing (AU Optronics)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 30 contributions 9663 visits
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 4 contributions 911 visits
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 17 contributions 2987 visits
On September 20, Judge Susan Illston of the Northern District of California handed down sentences to AU Optronics Corporation and two company executives, following their convictions in March for participating in a global price-fixing conspiracy involving LCD screens used in computers and (...)

The French Competition Authority confirms that data network operators who conclude an agreement to organize peering can charge fees for the opening of additional data transit technical capability (France Télécom)
University of California (Berkeley)
United States 1 contribution 94 visits
When Internet Traffic and Peering Agreement meet French Competition Law* On September 20, 2012, the French Competition Authority (Autorité de la concurrence) released an interesting decision that is believed to be the first on this topic by a competition authority. It confirms that data (...)

The Supreme Court of Chile heads towards a per se rule in the assessment of cartel cases (Explora)
Barros & Errázuriz Abogados (Santiago)
Chile 2 contributions 519 visits
For the first time since the new Chilean Competition system started in 2004, the Supreme Court has overruled a decision of the Competition Tribunal in regard to a cartel case, which was not originally sanctioned by the latter. But also, the Supreme Court seems to have established a per se rule (...)

The US Court of Appeals for the Second Circuit upholds the District Court’s judgment and holds for the first time that the filed rate doctrine can bar private claims related to market-based rates that arise from regulated auctions (Simon / KeySpan)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 5 contributions 1895 visits
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 2 contributions 1314 visits
,
Redgrave Data
United States 1 contribution 1050 visits
…
On September 20, 2012, the United States Court of Appeals for the Second Circuit affirmed KeySpan’s victory in Simon v. KeySpan, holding for the first time that the filed rate doctrine can bar private claims related to market-based rates that arise from regulated auctions. While the Court (...)

A Kazakh Court imposes fines for an anticompetitive concerted practice in the milk market (Sut / MolCOM)
Center for Development and Protection of Competition Policy (Astana)
Kazakhstan 9 contributions 2041 visits
,
Reed Smith (Astana)
Kazakhstan 4 contributions 926 visits
Facts "Sut" JSC (’Sut’) and "MolCOM-Pavlodar" JSC (’MolCOM’) are the main milk processing enterprises of Pavlodar region. By the decision of the Competition Protection Agency (’Agency’) both are included into the State Register of market entities having a dominant or monopolistic position (...)

A US Attorney General launches a wide investigation into whether increasing consolidation among hospitals and physician groups may be resulting in supra-competitive prices for medical care
Sheppard Mullin (San Francisco)
United States 13 contributions 3070 visits
,
Sheppard Mullin (Century City)
United States 9 contributions 1817 visits
California Attorney General Becomes the Latest Antitrust Enforcer to Investigate Hospital/Doctor Group Combinations* California’s Attorney General has recently launched a broad investigation into whether increasing consolidation among hospitals and physician groups may be resulting in (...)

The England & Wales Court of Appeal dismisses an appeal against an action for damages arising from an Art. 101 TFEU violation on the market for the supply of industrial copper tubes (KME Yorkshire / Toshiba Carrier)
Blackstone Chambers (London)
United Kingdom 11 contributions 3115 visits
Special pleading? Toshiba Carrier and the industrial tubes cartel* The Court of Appeal’s judgment last Friday in KME Yorkshire Ltd & ors v Toshiba Carrier UK Ltd & ors [2012] EWCA Civ 1990 will gladden the hearts of Article 101 damages claimants. It confirms that the Court will be (...)

The Italian Competition Authority initiates investigation against three telecom operators for alleged restrictive agreement (Telecom / Vodafone / Wind)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220286 visites
Italy: The Italian Competition Authority opens Proceedings against Telecom, Vodafone and Wind for alleged restrictive Agreement* On 12 September 2012, the Italian Competition Authority (ICA), launched an investigation to determine whether Telecom Italia SpA (Telecom), Vodafone Omnitel NV (...)

The England & Wales Court of Appeal dismisses an appeal seeking to strike out a damages claim brought against a company that was not the addressee of an EU Commission decision (Toshiba Carrier)
University of Leeds
United Kingdom 13 contributions 28294 visits
On 13 September 2012, the Court of Appeal (England and Wales) dismissed an appeal which sought to strike out a damages claim (or grant summary judgment) brought against a company that was not the addressee of a European Commission decision finding an infringement of EU competition law. In (...)

The Italian Competition Authority opens investigations against 3 telecom operators for an alleged cartel aimed at impeding a competitor from getting access to the market for mobile services (Telecom Italia / Vodafone / Wind)
European Commission - DG COMP (Brussels)
Belgium 11 contributions 6626 visits
The Italian Competition Authority (AGCM) has opened investigations against Telecom Italia Spa, Vodafone and Wind for an alleged cartel aimed at forcing dealers not to give access to the downstream market to BIP mobile, the brand new mobile virtual network operator (MVNO) mainly acting as an (...)

The England & Wales Court of Appeal paves the way for an ‘anchored’ follow-on claim against an industrial copper tube cartel liable under Art. 101 TFEU (Toshiba Carrier / KME Yorkshire)
Ashurst (London)
United Kingdom 8 contributions 2588 visits
On 13th September 2012, the UK Court of Appeal turned down an appeal by KME Yorkshire Ltd (“KME UK”) to summarily dismiss a private damages claim by Toshiba Carrier UK Ltd and other claimants (“Toshiba UK”). The claim was in respect of losses that occurred during the operation of a cartel (...)

The Croatian Competition Authority imposes symbolic fines on 17 bakeries in Osijek for fixing prices agreement under the leadership of the local professional association (Osijek-Baranja Bakeries)
Turkish Competition Authority (Ankara)
Turkey 1 contribution 129 visits
Minor Issues-I* I believe that one of the significant issues of Turkish Competition Law is that it does not have a provision which instructs a way to deal with the relatively insignificant restrictions (depending on the size of the undertakings or the market). Pursuant to the Act, any (...)

The Swedish Competition Authority issues a decision concerning pecuniary sanctions imposed on a contracting authority for infringements of public procurement law (Akademiska Hus Norr)
Mircea & Partners (Bucharest)
Romania 32 contributions 16805 visits
I. Introduction The building project in this case involves the modification andexpansion of an existing construction, namely the building of the University of Agricultural Sciences situated in the municipality of Umeå. The value of the contract is of approximately SEK 39 million. The Swedish (...)

The Supreme Court of Chile upholds record fines for pharmaceutical industry cartel (Salcobrand / Cruz Verde)
University of California (Berkeley)
United States 2 contributions 802 visits
The Supreme Court of Chile Upholds Record Fines for Pharmaceutical Industry Cartel* On Friday September 7th, 2012, the Supreme Court of Chile released a final decision on one of the most important cases in the recent history of Chilean competition law. The unanimous decision affirmed the (...)

The Southern District of New York approves a US consent decree that resolves DoJ allegations against three publishers for participating in a conspiracy to fix prices for e-books (Hachette Book / HarperCollins / Simon & Schuster)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
U.S. Consent Decree with Three Publishers over E-Book Pricing Approved* The federal district court in New York City yesterday approved a U.S. consent decree that resolves U.S. Department of Justice allegations against three publishers for participating in a conspiracy to fix prices for (...)

The Competition Commission of Singapore issues proposed infringement decision against 13 motor vehicle traders for contravening Section 34 of the Competition Act through bid-rigging (Pang’s Motor Trading)
University College London
United Kingdom 3 contributions 707 visits
On 6 September 2012, the Competition Commission of Singapore ("CCS") issued a Proposed Infringement Decision ("PID") against 13 motor vehicle traders for an alleged infringement of Section 34 of the Competition Act (Cap. 50B), which prohibits agreements or arrangements which prevent, restrict (...)

The ECJ Advocate General Kokott hands down her opinion on the duty of the national authorities to respect the de minimis notice, while applying Art. 101 TFEU (Expedia)
Mircea & Partners (Bucharest)
Romania 32 contributions 16805 visits
I. Essential factual and legal aspects of the Expedia Inc Case The reference for a preliminary ruling has been initiated by a dispute between Expedia, an on-line travel agency, and the French Competition Authority, henceforth called FCA, concerning a selling joint-venture agreement between (...)

The EUCJ Advocate General Kokott asserts that agreements with an anti-competitive object cannot be deemed as de minimis infringements (Expedia)
Matrix Chambers (London)
United Kingdom 7 contributions 3620 visits
The concept of ‘appreciable restriction of competition’ in ‘object’ cases under Article 101(1) TFEU – AG Kokott in Expedia* On 6 September 2012 AG Kokott issued her Opinion in Case C-226/11 Expedia Inc. The case results from a preliminary reference made by the French Cour de cassation in (...)

The Competition Authority of Bosnia and Herzegovina prosecutes a Serbian beer producer for resale price maintenance (Apatinska pivara Apatin / Dejan komerc)
University of Macau - Faculty of Law
China 284 contributions 226189 visits
On 4 September 2012 the Competition Authority of Bosnia & Herzegovina (KV) held that Serbian beer producer Apatinska pivara Apatin d.o.o.and one of its B&H distributors Dejan komerc d.o.o.entered into a series of anti-competitive agreements containing resale price maintenance (RPM) (...)

The Romanian Competition Council fines a professional association for limiting the access to the market of services offered by the judicial executors (National Association of Judicial Executors)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220286 visites
Romania: The Competition Council decides to impose Fines on the National Association of Judicial Executors* In September 2012, the Romanian Competition Council (RCC) found that the National Association of Judicial Executors (the association) had infringed Article 101 TFEU and Article 5 of (...)

Unilateral Practices

 The US Court of Appeals for the Third Circuit determines a jury’s finding that a truck transmission producer had concluded anticompetitive conditional rebate agreements was legitimate and the right legal test had been applied (ZF Meritor / Eaton)
Cohen Milstein (New York)
United States 57 contributions 7577 visits
,
Burns Charest (Washington)
United States 57 contributions 7577 visits
ZF Meritor, LLC v. Eaton Corp., 696 F.3d 254 (3d Cir. 2012) In this case, the Third Circuit provided needed clarification on the standard for analyzing the legality of exclusive (or at least essentially exclusive) agreements that dominant firms enter into with their customer base. ZF (...)

The Austrian Cartel Court rejects Federal Competition Authority’s request to prohibit alleged abuse of market power by radio taxi providers
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66934 visits
On 27 September 2012, the Austrian Cartel Court (“the Court”) issued a press release announcing that it had rejected a request by the Austrian Federal Competition Authority (“FCA”) to prohibit an alleged abuse of market power on the part of the only two radio taxi providers operating in (...)

The French Competition Authority issues a first commitment decision addressing competition concerns in the Internet connectivity market (France Telecom / Cogent)
French Competition Authority (Paris)
France 747 contributions 409134 visits
France: First Commitment Decision related to Internet Neutrality issued by the Autorité de la concurrence* On 20 September 2012, the Autorité de la concurrence (the Autorité) issued for the first time a commitment decision concerning competition concerns relating to certain restrictions (...)

The EU General Court annuls the Commission decision for failing to substantiate the existence of an abuse of dominance on the market for cheap electricity (DEI)
University of Groningen
Netherlands 8 contributions 5005 visits
A Burning Desire to Clarify(?) the Law for Public Undertakings: The Judgment in Greek Lignite (Case T-169/08)* The General Court has finally handed down the judgment in the Greek Lignite (brown coal) case. This is a long-running case resulting from a complaint (dating from 2003) concerning (...)

The EU General Court annuls a Commission decision concerning the exclusive rights granted by Greece in favour of a company for the extraction of lignite for the absence of proof of abusive conduct (DEI)
Lexing (Liège)
Belgium 21 contributions 16129 visits
,
Astellas Pharma (Athens)
Greece 1 contribution 244 visits
I. The Parties Dimosia Epicheirisi Ilektrismou AE (DEI) is the biggest power producer and electricity supplier in Greece. It holds assets in lignite mines, power generation, transmission and distribution. The Hellenic Republic holds 51.12% of its shares. Energeiaki Thessalonikis AE and (...)

The EU General Court dismisses appeal against Commission rejection of abuse complaint in the Irish whiskey market (Protégé / Pernod Ricard)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66934 visits
On 13 September 2012, the General Court dismissed the appeal lodged by Protégé International Ltd against a European Commission decision to reject a complaint alleging breach of Article 102 TFEU by Pernod Ricard. In its complaint to the Commission, Protégé had alleged that Pernod (...)

The Romanian Competition Authority closes an investigation on abuse of dominant position on the local market of natural gas installations planning and execution accepting commitments undertaken by the monopolist (Progaz)
Grigorescu Ştefănică (Bucharest)
Romania 1 contribution 487 visits
Romania: The Romanian Competition Council accepted the commitments undertaken by PROGAZ P&D SA* The Romanian Competition Council (“RCC”) accepted the commitments undertaken by PROGAZ P&D SA in view of relieving the concerns regarding infringement of the antitrust rules by abuse of a (...)

The Romanian Competition Authority accepts behavioural commitments in unfair pricing case in the natural gas sector (Progaz)
University of Macau - Faculty of Law
China 284 contributions 226189 visits
On 5 September 2012 the Romanian Competition Authority (CC) has accepted behavioral committments of a dominant undertaking in the natural gas sector and closed its investigation into the alleged abuse of dominant position initiated under the national equivalent of Article 102 TFEU. In June (...)

The EU Commission investigates Russian producer and supplier of natural gas for allegedly abusing its dominant position on European markets (Gazprom)
Meta (Washington)
United States 11 contributions 5351 visits
The European Commission has opened an abuse of dominance investigation against Gazprom. The investigation deals with the natural gas markets of eight central and eastern European markets. The investigation is framed within the energy policy that the European Union is pursuing which focuses (...)

The EU Commission opens proceedings against a Russian producer and supplier of natural gas concerning alleged abuse of dominance (Gazprom)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66934 visits
On 4 September 2012, the European Commission announced that it has opened formal proceedings against Gazprom, the Russian producer and supplier of natural gas, to investigate whether Gazprom has abused its dominant market position in upstream gas supply markets in Central and Eastern (...)

The EU Commission opens proceedings to investigate whether Russian producer and supplier of natural gas has abused its dominant position in central and eastern European gas markets (Gazprom)
U.S. Department of Homeland Security (Washington)
United States 1 contribution 445 visits
With the creation of the European Coal and Steel Community in 1951, Europe took its first steps towards a unification that would create a single continental entity and major player in world politics. Now, over sixty years later, much progress has been made but the end result is that the dream (...)

The Colombian Competition Authority issues an administrative ruling against a trade association for abuse of dominance in the purchase and commercialization of foot-and-mouth disease vaccines (FEDEGAN)
Cortazar Urdaneta (Bogota)
Colombia 6 contributions 1108 visits
The case The Colombian Competition Authority (Superintendency of Industry and Commerce - SIC) issued an administrative ruling against the National Federation of Cattle Ranchers (Federación Nacional de Ganaderos, FEDEGAN) the sector’s most important Trade Association for abuse of dominance in (...)

The Italian Administrative Court of First Instance quashes the Competition Authority’s decision against a pharmaceutical company for misuse of a patent (Pfizer)
BonelliErede (Rome)
Italie 41 contributions 54283 visites
In its judgment delivered on 3 September 2010, the Italian Court of First Instance (‘TAR Lazio’) quashed the decision by which the Italian Competition Authority (‘ICA’) fined Pfizer EUR 10.6 million for having abused its dominant position in the visual glaucoma medicine market, by blocking or (...)

Mergers

 The US FTC fines company for failing to file a premerger notification and observe the statutory waiting period (Biglari)
Shearman & Sterling (New York)
United States 2 contributions 377 visits
,
Georgetown University Law Center (Washington)
United States 4 contributions 1460 visits
,
Axinn Veltrop & Harkrider (New York)
United States 3 contributions 12227 visits
…
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Passive Investors Beware: Recent FTC Fine Affirms Narrow Scope of HSR Exemption * In fining Biglari Holdings $850,000 for failing to file a premerger (...)

The EU Commission conditionally clears an acquisition in the recorded music business (Universal Music Group / EMI Music)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72629 visits
On 21 September 2012, the European Commission conditionally cleared the proposed acquisition by Universal Music Group of EMI’s recorded music business, following a phase II investigation. The Commission’s phase II investigation focused on the effects of the deal on the wholesale (...)

The US FTC closes an investigation and clears a merger in the market for commercial distribution of recorded music (Universal Music Group / EMI Music)
Cleveland University - Marshall School of Law (Cleveland)
United States 12 contributions 14990 visits
Federal Trade Commission Approves Universal-EMI* On September 21, 2012 the FTC announced that it had closed its investigation of Universal Music Group’s acquisition of EMI’s recorded music division. The Commission will not seek any concessions or take other action. Elsewhere I’ve written (...)

The U.S. FTC and the EU Commission clear an acquisition on the market for recorded music (Universal Music Group / EMI Music)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 7677 visits
European Commission and U.S. Federal Trade Commission clear Universal’s acquisition of EMI’s recorded music business* On 21 September 2012 both the European Commission ( “Commission” ) and the U.S. Federal Trade Commission ( “FTC” ) cleared the acquisition of EMI’s recorded music business by (...)

The EU Commission develops a novel theory of harm based on the effect of the transaction on the bargaining power of the new entity (Universal Music Group / EMI Music)
Charles River Associates International (CRA) (Brussels)
Belgium 19 contributions 31515 visits
,
The Graduate Institute for International and Development Studies (Geneva)
Switzerland 15 contributions 33719 visits
,
European Commission - DG COMP (Brussels)
Belgium 9 contributions 7035 visits
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

The Spanish National Court annuls a merger control clearance decision because the notification thresholds were not reached (Consenur / Ecotec)
PricewaterhouseCoopers (Madrid)
Spain 7 contributions 4536 visits
The Spanish National Court (Audiencia Nacional, "AN") adopted a judgment on 19 September 2012 annulling the Decision of the Spanish National Competition Commission (Comisión Nacional de la Competencia, "CNC") of 10 March 2010 that authorised the concentration consisting in the acquisition by (...)

The Swedish Competition Authority approves a merger in the book retail sector without requiring any remedies (Bonnierförlagen / Pocket Shop)
Klarna (Stockholm)
Sweden 9 contributions 1547 visits
The Swedish Competition Authority’s decision Bonnierforlagen AB (Sw. Bonnierförlagen AB)/Pocket Shop AB, decision number 370/2012 of 19 September 2012. The Competition Authority approved after a phase two investigation the publisher Bonnierforlagen’s acquisition of the bookstore chain Pocket (...)

The Dutch Competition Authority authorizes the establishment of a concentration under certain conditions in the production and sale of frozen and fresh snacks (Buitenfood / Ad van Geloven)
VVGB (Brussels)
Belgium 5 contributions 925 visits
,
VVGB (Brussels)
Belgium 3 contributions 375 visits
I. The Parties The Dutch undertaking Buitenfood The Dutch undertaking Ad van Geloven The Dutch undertaking NPM Capital N.V. The Dutch undertaking SHV Holding N.V. The English undertaking Lion Capital LLP, part of the Lion Capital Group II. Facts The decision of the Dutch Competition (...)

The Italian Competition Authority clears a merger without demanding remedies in the large scale food distribution sector, while scrutinising the relationship between the suppliers and the distributors (Bolton Group International / Luis Calvo Sanz)
Rucellai & Raffaelli (Milan)
Italy 7 contributions 14790 visits
1. The case Bolton Group International / Luis Calvo Sanz On April 20th 2012, Bolton Group International S.r.l. (hereinafter also “Bolton”), notified to the Italian Competition Authority (“ICA”) the acquisition of 40% of a Spanish competitor, Luis Calvo Sanz S.A. (hereinafter also “Calvo”). (...)

The Italian Competition Authority clears the acquisition of 40% of a Spanish company active in the fishing, production, and sale of canned fish by Italian rival, notwithstanding the high market shares reached by the parties in the relevant markets (Bolton / Calvo)
Alcon (Milan)
Italy 10 contributions 8273 visits
The notified transaction On 20 April 2012, Bolton Group International S.r.l. (hereinafter also “Bolton”), a world player in the production and marketing of a wide range of consumer products and the first operator in the Italian markets for canned tuna and salmon operating through “Rio Mare”, (...)

The French Competition Authority clears a merger in the public transport sector, subject to the maintenance of commitments previously made (SNCF / Keolis)
French Competition Authority (Paris)
France 747 contributions 409134 visits
The Autorité de la concurrence clears the acquisition of sole control of Keolis by SNCF, subject to the maintenance of the commitments made in 2010* On 23 July 2012, the European Commission referred the acquisition of sole control of the Keolis group by SNCF to the Autorité de la concurrence (...)

State Aid

 The EU General Court rules that an unlimited State guarantee granted to the postal services company constitutes incompatible State aid (La Poste)
Maastricht University (Maastricht)
Belgium 357 contributions 66784 visits
Two Judgments: a) Unlimited State Guarantees and b) The Discretion of the Commission in Restructuring Measures* Main points Unlimited state guarantees are never compatible with the internal market. The existence of an unlimited guarantee and its benefits can be inferred from the relevant (...)

The Dutch Administrative Court for Trade and Industry dismisses an application which claimed that the State propped up two rival healthcare providers but did not seek recovery of the aid, the claim was dismissed for absence of locus standi and that it would be contrary to the State aid control system to both find that the aid was illegal but not seek to recover it (Thuiszorgservice / Nederlandse Zorgautoriteit)
Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 661 visits
,
Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 20 contributions 1073 visits
,
Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 661 visits
TZG and HWW were two foundations that provided healthcare services falling within the scope of the Exception Medical Expenses Act (the Algemene Wet Bijzondere Ziektekosten, AWBZ). TZG and HWW functioned to ensure the continuation of healthcare services of another healthcare provider which had (...)

The EU General Court annuls the Commission’s decision by which it approved all of the measures adopted by France in favour of Corsica ferries (Corsica Ferries France)
Mircea & Partners (Bucharest)
Romania 32 contributions 16805 visits
A. Essential factual and legal aspects The shipping company, Corsica Ferries France SAS, applicant in the present dispute, offers regular ferry services to Corsica departing from continental France (Marseille, Toulon and Nice) and Italy. The shipping company and beneficiary of the aid (...)

Procedures

 The UK Office of Fair Trading refers private motor insurance market to UK Competition Commission
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220286 visits
The UK Office of Fair Trading refers Private Motor Insurance Market to Competition Commission* On 28 September 2012, the Office of Fair Trading (OFT) referred the UK’s private motor insurance market to the Competition Commission for further investigation amid concerns that the market is not (...)

The US Third Circuit clarifies the standard for analyzing the legality of exclusive agreements (ZF Meritor / Eaton)
Cohen Milstein (New York)
United States 57 contributions 7577 visits
,
Burns Charest (Washington)
United States 57 contributions 7577 visits
In this case, the Third Circuit provided needed clarification on the standard for analyzing the legality of exclusive (or at least essentially exclusive) agreements that dominant firms enter into with their customer base. ZF Meritor, the only competitor of Eaton, the dominant supplier of (...)

A Swiss law enters into force and extends the scope of protection relating the legal professional privilege
Këllezi Legal (Geneva)
Switzerland 20 contributions 22589 visits
A new law entered into force in May 2013 extending the scope of protection of the legal professional privilege in Switzerland in various administrative, civil, and criminal procedures, thereby improving companies’ right to freely communicate with their lawyers. Prior to this, documents located (...)

The EFTA Court establishes that when no judicial remedies is provided under national law, an advisory opinion in compliance with their duty of loyalty can be requested (Irish Bank Resolution / Kaupthing Bank)
University of Fribourg
Switzerland 1 contribution 574 visits
Case E-18/11: Small steps towards a preliminary reference procedure for the EEA EFTA countries?* The EFTA Court handed down an interesting decision in September 2012 which merits a short comment. The Surveillance and Court Agreement of the EEA EFTA countries does not foresee a procedure akin (...)

The US District Court for the Northern District of Georgia applies objective and subjective baselessness (Androgel Antitrust Litigation)
Cohen Milstein (New York)
United States 57 contributions 7577 visits
,
Burns Charest (Washington)
United States 57 contributions 7577 visits
Especially in pharmaceutical antitrust class actions, many efforts have been made in recent years to rest cases on Professional Real Estate Investors, Inc. v. Columbia Pictures Indus., Inc., 508 U.S. 49 (1993)("PRE"), which requires that for a claim of so-called "sham litigation" to remove (...)

The Belgian Competition Council holds that decision not to pursue complaint on basis of enforcement priority must be sufficiently reasoned (Duma, GS International)
Van Bael & Bellis (Brussels)
Belgium 15 contributions 4416 visits
On 27 September 2012, the Competition Council annulled a decision of the College of Competition Prosecutors not to pursue a complaint on the basis of the enforcement priority policy. The Competition Council held that the decision was not sufficiently reasoned. On 19 December 2011, (...)

The German Competition Authority launches a second sector inquiry into the market of oil to make an assessment of the competitive situation at the manufacturing and the wholesale levels
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220286 visits
The German Competition autorithy launches a second sector inquiry into the market for oil to make an assessment of the competitive situation at the manufacturing and the wholesale level* On 27 September 2012, the Bundeskartellamt (BKartA) has launched a second sector inquiry into the market (...)

The Chinese and Australian Competition Authorities sign a memorandum of understanding
University of Melbourne
Australia 103 contributions 29759 visits
,
China Competition Bulletin (Beijing)
China 101 contributions 26709 visits
,
Institute of American Studies (Beijing)
China 52 contributions 15473 visits
…
On 18 September 2012, the SAIC and the ACCC signed a Memorandum of Understanding. The MOU promotes cooperation and coordination between the SAIC and the ACCC, in particular with respect to competition law enforcement, consumer protection, online commodity trading and its related services, (...)

The Canadian Federal Court calls for tougher criminal sentences for infringing cartel criminal offences (Maxzone)
UK Competition & Markets Authority - CMA (London)
United Kingdom 5 contributions 1729 visits
In October 2012, in a price fixing case that came before Canada’s Federal Court – R v Maxzone- Chief Justice Paul Crampton, when pronouncing judgment, made statements calling for tougher sentences. In Canada, both companies and individuals can be liable for criminal penalties for infringing (...)

The Administrative Court of Appeal of Jönköping orders that the award procedure shall be recommenced for violation of the transparency principle (PWC v Västervik, KPMG v Västervik)
Mircea & Partners (Bucharest)
Romania 32 contributions 16805 visits
I. Introduction The tender documentation of the award procedure concerned with a procurement contract of audit services by Västervik municipal authorities comprised erroneous information. The error consisted in disregarding the provisions of the Swedish constitutional law, namely the article (...)

The EU Commission signs memorandum of understanding on cooperation with Chinese Antitrust Authorities
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220286 visits
European Commission signs Memorandum of Understanding on Cooperation with Chinese Antitrust Authorities, the National Development and Reform Commission (NDRC) and the State Administration of Industry and Commerce (SAIC)* On 20 September 2012, the European Commission (Directorate-General for (...)

The US Court of Appeals for the Second Circuit applies the "filed rate doctrine" to electricity rates set by market-based auctions (Simon / KeySpan)
Cohen Milstein (New York)
United States 57 contributions 7577 visits
,
Burns Charest (Washington)
United States 57 contributions 7577 visits
The Second Circuit was asked to consider whether the plaintiff, a retail consumer of electricity, could maintain an antitrust action against an electricity producer that allegedly agreed with its competitor to increase installed capacity prices and a financial firm that allegedly facilitated (...)

The Chinese and Brazilian Competition Authorities sign a memorandum of understanding
University of Melbourne
Australia 103 contributions 29759 visits
,
China Competition Bulletin (Beijing)
China 101 contributions 26709 visits
,
Institute of American Studies (Beijing)
China 52 contributions 15473 visits
…
On 13 September 2012, the SAIC and CADE signed a Memorandum of Understanding. The MOU promotes and strengthens the institutional partnership between the SAIC and CADE, especially through information exchange and capacity building activities. In particular, the SAIC and CADE agreed to (...)

The UK OFT publishes new guidance on penalties for breaching competition law
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220286 visits
United Kingdom: New Guidance on Penalties for breaching Competition Law* On 10 September 2012, the Office of Fair Trading (OFT) published new guidance on how it will set penalties for breaches of competition law. The guidance will allow the OFT to continue to set substantial penalties to (...)

The UK OFT publishes new guidelines on how it will set fines for competition law violations
DLA Piper (London)
United Kingdom 28 contributions 11494 visits
,
UK Competition & Markets Authority - CMA (London)
United Kingdom 7 contributions 5454 visits
The UK Office of Fair Trading (“OFT”) has published new guidelines on how it will set fines for competition law violations (“Guidelines”). The Guidelines take into account developments in case law since the 2004 previous guidelines and bring the OFT’s policy on financial sanctions into line (...)

The EU Court of Justice dismisses an appeal and rules that in-house lawyers should not be permitted to appear before EU courts (Polish Electronic Communications Office)
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21405 visits
Introduction On 6 September 2012 the Court of Justice of the European Union (ECJ) upheld an earlier decision of the General Court (formerly the Court of First Instance) in the Prezes Urzedu Komunikacji Elektronicznej case that in-house lawyers cannot represent their client companies before (...)

The Moroccan Government considers amending law on prices and competition freedom
European Commission - DG COMP (Brussels)
Belgium 1 contribution 152 visits
In a global context characterized by the proliferation of regulatory competition, a wind of change is blowing across the Moroccan competition law. A draft law amending law 06-99 on prices and competition freedom has been submitted to the "Secrétariat Général du Gouvernement" (SGG). The Bill (...)

Regulatory

 The Spanish Administrative Tribunal of Contractual Appeals pushes for Competition in the postal sector (UNIPOST, MUGEJU)
University of Bristol - Law School
United Kingdom 92 contributions 25665 visits
On 26 September 2012, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales) issued its Decision 210/2012 regarding the award of a contract for the provision of postal services to the Spanish Sickness and Pension Fund for (...)

The French Competition Authority publishes its recommendations to the New Caledonian government authorities regarding the food retail sector and the competition control bodies (Gouvernement de Nouvelle-Calédonie)
French Competition Authority (Paris)
France 747 contributions 409134 visits
The Autorité de la concurrence publishes its recommendations to the Gouvernement de la Nouvelle-Calédonie (New Caledonian government authorities) regarding the food retail sector and the competition control bodies. The Autorité particularly advocates strengthening competition upstream by (...)