September 2013

Anticompetitive practices

 The Australian Competition and Consumer Commission releases discussion paper in cartel immunity policy review
Australian Competition and Consumer Commission (Canberra)
Australia 227 contributions 36986 visits
ACCC releases discussion paper in cartel immunity policy review* The Australian Competition and Consumer Commission has released a public discussion paper inviting comment upon several key issues arising from its review of the ACCC Immunity Policy for Cartel Conduct. Given the importance of (...)

The Chinese NDRC issues rules on internal process involving the imposition of administrative penalties against price monopolies
China University of Political Science and Law (Beijing)
China 3 contributions 1000 visits
I. Introduction On September 30, 2013, China’s top price regulator and enforcer in charge of curbing price monopolies, the National Development and Reform Commission (“NDRC”), issued the Rules on Deliberation and Review Process in Price-Related Administrative Penalty Cases (“Rules”). The Rules are (...)

The Chinese National Development and Reform Commission investigates and punishes pricing conduct in the tourism industry
University of Melbourne
Australia 103 contributions 22831 visits
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China Competition Bulletin (Beijing)
China 101 contributions 20064 visits
,
Institute of American Studies (Beijing)
China 53 contributions 12107 visits
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On 29 September 2013, the NDRC announced that it had conducted a nationwide investigation into pricing conduct in the tourism industry this year. The NDRC, together with its local authorities in Hainan, Yunnan, and other popular tourist destinations investigated price alliances established (...)

The Danish Competition and Consumer Authority publishes a report on parcel deliveries to consumers
European Commission (Brussels)
Belgium 713 contributions 204730 visits
Denmark: Expensive to send small Consignments in Denmark* The Danish Competition and Consumer Authority (DCCA) published a report on parcel deliveries to consumers on 27 September 2013. Several providers offer competing services in the Danish market and competition has intensified in recent (...)

The Turkish Competition Authority finds that the optimum price system of the multinational producer of hygiene, health, and home care products does not amount to resale price maintenance, but its non-competition clauses do not benefit from a block exemption (Reckitt Benckiser)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 11055 visits
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that optimum price system of the multinational producer of hygiene, health and home care products, Reckitt Benckiser, did not amount to resale price maintenance, but its non-competition clauses (...)

The US DoJ and FTC head officials discuss antitrust enforcement priorities
Wolters Kluwer (Riverwoods)
United States 78 contributions 37372 visits
U.S. Agency Heads Discuss Antitrust Enforcement Priorities* Two of the most significant conferences on the antitrust calendar were held last week. Georgetown Law Center featured its Seventh Annual Global Antitrust Enforcement Symposium on September 25, and Fordham Law School’s 40th annual (...)

The Australian Federal Court establishes that a defendant has been directly knowingly involved in an anti-competitive arrangement and imposes criminal sanctions (Chaste Corporation)
Australian Competition and Consumer Commission (Canberra)
Australia 227 contributions 36986 visits
Peter Foster sentenced for contempt of court* The Federal Court has sentenced Peter Foster to three years imprisonment, with 18 months to be served and 18 months suspended, for contempt of court. Justice Logan also placed conditions on Mr Foster’s involvement in the weight loss, cosmetic or (...)

The EU Court of Justice acknowledges that two companies can independently from each other exercise decisive influence over their joint venture (EI du Pont de Nemours)
Blackstone Chambers (London)
United Kingdom 4 contributions 1185 visits
A family affair: parental liability for joint ventures* It is trite law that a parent company will be liable for antitrust infringements committed by a subsidiary where the parent exercises “decisive influence” over the conduct of the subsidiary. Earlier this year the Court of Justice of the (...)

The EU Court of Justice acknowledges that two companies can independently from each other exercise decisive influence over their joint venture (Dow Chemical)
Blackstone Chambers (London)
United Kingdom 4 contributions 1185 visits
A family affair: parental liability for joint ventures* It is trite law that a parent company will be liable for antitrust infringements committed by a subsidiary where the parent exercises “decisive influence” over the conduct of the subsidiary. Earlier this year the Court of Justice of the (...)

The Moldovan Competition Authority detects bid rigging practices in the public procurement of a state university (Cartdidact, Lexon Prim)
University of Macau - Faculty of Law (Macau)
China 282 contributions 216883 visits
On 26 September 2013 the Moldovan competition authority (CC) established that two undertakings Cartdidact SRL and Lexon Prim SRL engaged in bid rigging practices in order to share the relevant market in the context of the public procurement process carried out by the State University of (...)

The EU Court of Justice confirms that a parent company can be held liable and fined for an antitrust infringement committed by its 50/50 joint venture (EI du Pont de Nemours)
White & Case (Brussels)
Belgique 22 contributions 7320 visites
50:50 joint ventures – Possibility of parental liability for EU antitrust infringements confirmed* On 26 September 2013, the Court of Justice of the European Union (“CJEU”) issued two important judgments (Case C-172/12 P, El du Pont de Nemours and Others v Commission and Case C-179/12 P, Dow (...)

The Moldovan Competition Authority investigates the actions of the Customs Service concerning attribution of tariff positions to certain pharmaceutical products (Serviciul Vamal al Republicii Moldova)
University of Macau - Faculty of Law (Macau)
China 282 contributions 216883 visits
On 26 September 2013 the Moldovan Competition Authority (CC) closed its investigation into the alleged anti-competitive actions of the Customs Service of the Republic of Moldova concerning the determination of the tariff positions for certain imported pharmaceuticals. The CC’s investigation (...)

The EU Court of Justice confirms that a parent company can be held liable and fined for an antitrust infringement committed by its 50/50 joint venture (Dow Chemical)
White & Case (Brussels)
Belgique 22 contributions 7320 visites
50:50 joint ventures – Possibility of parental liability for EU antitrust infringements confirmed* On 26 September 2013, the Court of Justice of the European Union (“CJEU”) issued two important judgments (Case C-172/12 P, El du Pont de Nemours and Others v Commission and Case C-179/12 P, Dow (...)

The EU Director General for Competition states that restrictions of competition by object constitute serious, but not always manifest violations of law
European University Institute (Florence)
Italy 43 contributions 96567 visits
The Unintended Consequences of the Case Law on Restrictions by Object* On second thoughts, the recent bad case law on the notion of “restriction by object” may incidentally, and unexpectedly, fetter the margins of the Commission, and in particular its ability to handle all cases under the obese (...)

The Dutch Competition Authority declares that a deal over closing down coal power plant is harmful to the consumer
University of Groningen
Netherlands 8 contributions 4479 visits
Sustainable Competition law; Competition Law Kills Coal Closure Plan, Or Does It?* This post concerns a bit of a Dutch thing, namely the ‘position’ of the Dutch National Competition Authority ACM on an agreement by electricity producers active on the Dutch market, but it is interesting more (...)

The Canadian Competition Authority publishes revised sets of the frequently asked questions related to its immunity and leniency programs
Steve Szentesi Law Corporation (Vancouver)
Canada 52 contributions 12467 visits
Competition Bureau Issues New Immunity and Leniency Program FAQs* The Competition Bureau has issued revised Immunity Program FAQs and Leniency Program FAQs (see: Competition Bureau Publishes Revised Immunity and Leniency FAQs). In making the announcement, relating to the first update to its (...)

The Irish Competition Authority welcomes recommendations for reforming registration of architects
Irish Competition Authority (Dublin)
Ireland 55 contributions 8690 visits
Competition Authority welcomes recommendations for reforming registration of architects - consumers will ultimately be the winners* “Consumers will ultimately be the winners if reforms designed to strengthen the registration process for architects are implemented” says Isolde Goggin, Chairperson (...)

The Qinghai Development and Reform Commission investigates price fixing of vegetables (Garlic Cartel)
University of Melbourne
Australia 103 contributions 22831 visits
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China Competition Bulletin (Beijing)
China 101 contributions 20064 visits
,
Institute of American Studies (Beijing)
China 53 contributions 12107 visits
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During a campaign to rectify market conduct in the Xining agricultural wholesale and retail market, the Qinghai Development and Reform Commission (Qinghai DRC) found that more than 20 businesses had formed a financing joint venture to control the price of garlic from Zhongmu, Henan Province, (...)

The French Supreme Court misinterprets the Pierre Fabre ECJ jurisprudence and quashes a distribution agreement provision on the basis of article 101 TFEU (Pierre Fabre / Cosmétique)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 7 contributions 2465 visits
In a decision issued on September 24, 2013, the French Court of Cassation decided a case about vertical restraints involving Pierre Fabre dermo-cosmétique (PFDC) and three of its distributors: Caribéenne de diététique et santé (CDS), Compagnie de diététique du marin (CDM) and Martinique alimentation (...)

The Spanish Competition Authority fines container transport companies and professional association for anticompetitive agreements (ASEMTRACON)
European Commission (Brussels)
Belgium 713 contributions 204730 visits
Spain: The Comisión Nacional de la Competencia fines Container Transport Companies and Professional Association* On 24 September 2013, the Comisión Nacional de la Competencia (CNC) Council found that the container transport industry association ASEMTRACON as well as several undertakings active (...)

The Chilean Supreme Court decreases fines imposed by the Competition Tribunal in an international cartel for refrigerators compressors (Tecumseh)
University College London
United Kingdom 6 contributions 12635 visits
On September 24th, 2013, the Chilean Supreme Court issued its judgment on Tecumseh. The Competition Tribunal (“TDLC”) had ruled the case on June 14th, 2012 (sentence 122/2012), condemning Whirpool S.A. for colluding with other firms during 2005-2008, with the aim of fixing prices on the market of (...)

The US District Court for the Northern District of California certifies class action lawsuit alleging price fixing in the market for cathode ray tubes clarifying that for class certification the plaintiffs need only show that common questions predominate over questions affecting only individual members (CRT)
McDermott Will & Emery (Chicago)
United States 3 contributions 267 visits
On September 24, 2013, the Northern District of California certified a class of indirect purchasers in In re Cathode Ray Tube Antitrust Litig., No. 3:07-cv-5944 SC, 2013 WL 5391159 (N.D. Cal. September 24, 2013). The case was brought by indirect purchasers of products containing cathode ray (...)

The UK OFT issues statement of objections to sports bra supplier and three department stores for alleged resale price maintenance (DB Apparel / John Lewis / Debenhams Retail / House of Fraser)
European Commission (Brussels)
Belgium 713 contributions 204730 visits
United Kingdom: The Office of Fair Trading issues Statement of Objections to Sports Bra Supplier and Three UK Department Stores* On 20 September 2013, the Office of Fair Trading (OFT) issued a Statement of Objections to a manufacturer of sports bras and three UK department stores alleging (...)

The French Competition Authority obtains significant reduction of main multilateral interchange fees on domestic card transactions (MasterCard / Visa)
European Commission (Brussels)
Belgium 713 contributions 204730 visits
France: The Autorité de la concurrence obtains significant Reduction of main Multilateral Interchange Fees charged by MasterCard and Visa on Domestic Card Transactions* On 20 September 2013, the Autorité de la concurrence (the Autorité) accepted Visa and MasterCard’s binding commitments to reduce (...)

The French Competition Authority obtains a significant reduction in the main interbank fees charged by two card companies from undertakings (MasterCard / Visa)
French Competition Authority (Paris)
France 631 contributions 263778 visits
The Autorité de la concurrence has obtained a significant reduction in the main interbank fees charged by Mastercard and Visa respectively. With these decisions, the Autorité de la concurrence has completed the extensive work that it has been performing for the past three years over all methods (...)

The US DoJ announces two more indictments in auto parts price-fixing investigation (Fujikura)
Steve Szentesi Law Corporation (Vancouver)
Canada 52 contributions 12467 visits
US Department of Justice Announces Two More Indictments in Auto Parts Price-fixing Investigation* On 19 September 2013 the United States Department of Justice (DoJ) announced that two executives of Fujikura Ltd. have been indicted for their roles in the ongoing global auto parts price-fixing (...)

The US District Court for the Northern District of California dismisses plaintiff’s antitrust claims and ascertains that allegations of harm to competition caused by multiple defendants can’t be aggregated (Orchard Supply Hardware/Home Depot, METCo & Makita)
Orrick, Herrington & Sutcliffe (San Francisco)
United States 22 contributions 7866 visits
Allegations of Harm to Competition Caused by Multiple Defendants Can’t be Aggregated* Earlier this year, I covered the case of Orchard Supply Hardware LLC v. Home Depot USA, Inc. . On September 19, 2013, the court (the Northern District of California) issued its decision on defendants’ motion (...)

The Australian Competition and Consumer Commission opposes fee arrangements by ophthalmologists
Australian Competition and Consumer Commission (Canberra)
Australia 227 contributions 36986 visits
ACCC opposes fee arrangements by ophthalmologists* The Australian Competition and Consumer Commission has decided not to allow members of the Australian Society of Ophthalmologists (ASO) to reach agreements within shared practices as to the fees to be charged for ophthalmic services. There (...)

The Singaporean Competition Authority issues its decision finding that the worldwide MIF system implemented by multinational financial services company is not anticompetitive under Singapore competition law (Visa International)
BHP Billiton (Singapore)
Singapore 12 contributions 8398 visits
On 18 September 2013, the Competition Commission of Singapore (the “CCS”) published its decision of 3 September 2013 relating to its assessment under Section 34 of the Competition Act, Chapter 50B of Singapore (the “Act”) of the Multilateral Interchange Fee (“MIF”) system (the “Decision”), as (...)

The Spanish Competition Authority fines several container carrier associations in port of Valencia for market sharing (Container Carrier Associations)
European Commission (Brussels)
Belgium 713 contributions 204730 visits
Spain: The Comisión Nacional de la Competencia fines several Container Carrier Associations in Port of Valencia* On 18 September 2013, the Comisión Nacional de Competencia (CNC) Council, decided on the case brought by the CNC Investigations Division on 14 June 2011 (S/0314/10) against several (...)

The Bulgarian Competition Authority investigates heating cost allocation companies for alleged coordinated behaviour relating to prices (Toplofikacia Sofia, Techem Services, Nelbo, Brunata and Ista Bulgaria)
European Commission (Brussels)
Belgium 713 contributions 204730 visits
Bulgaria: The Commission for the Protection of Competition investigates Heating Cost Allocation Companies* On 18 September 2013, the Commission on Protection of Competition (CPC) opened an ex officio investigation pursuant to Article 15 of the Law on Protection of Competition (LPC) and (...)

The Botswana Competition Authority refuses to confirm settlement due to lack of evidence in connection with the respondent’s involvement in the alleged bid-rigging food cartel (Ya Raheem)
Norton Rose Fulbright (Johannesburg)
South Africa 4 contributions 8367 visits
Due process arguments come to the fore as the Botswana Competition Authority gears itself for enforcement* In September and October, the Botswana Competition Commission (Commission) took its first two rulings on cartel enforcement. Both rulings have a keen (if not almost exhaustive) focus on (...)

The Bulgarian Supreme Court dismisses mere price parallelism as a form of concerted practice in the absence of compelling evidence of such (Travel Agencies)
Kinstellar (Sofia)
Bulgaria 32 contributions 85337 visits
The Bulgarian Supreme Administrative Court (the “SAC”) held that price parallelism in and of itself – absent evidence of coordination – did not constitute an anticompetitive concerted practice. 1. The alleged infringement In a decision of March 2012, the Bulgarian Commission for the Protection of (...)

The General Court of the European Union recalls the principle of the accessory character of the liability of parent companies for the anticompetitive actions of their subsidiaries (Roca Sanitario, Laufen Austria, Roca and Keramag Keramische)
Magenta (Paris)
France 4 contributions 1379 visits
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Norton Rose Fulbright (Paris)
France 7 contributions 2081 visits
In the context of appeals lodged against the decision of the European Commission (the Commission) in the area of bathroom fittings, the General Court of the European Union (the General Court) took the occasion to recall the principle of the accessory character of the liability of parent (...)

The German Competition Authority receives information about the decision of the TV-broadcasting groups not to pursue their plans to build an online video platform (Germany’s Gold)
German Competition Authority (Bonn)
Germany 335 contributions 72591 visits
Plans for ARD/ZDF online platform "Germany’s Gold" abandoned* Bonn, 16 September 2013: "Germany’s Gold", the online platform that the ARD and ZDF broadcasting groups were planning to set up via commercial subsidiaries together with eleven other production and licensing companies, will not (...)

The Serbian Competition Authority exempts an agreement between the national telecommunication company and the distributor of prepaid mobile services containing resale price maintenance clauses (Telecom Serbia / DTM Investments)
Serbian european integration office
Serbia 1 contribution 345 visits
The Serbian Antitrust Authority (AA) passed the decision on 13 September 2013 (DTM decision) to individually exempt an agreement on general distribution of prepaid mobile communication services concluded between the “Telecom Serbia” (TS) and the “DTM Investments” (DTM) from prohibition of (...)

The Spanish Competition Authority fines lift manufacturers close to €5 million for unfair competition (ASCENSORES-2)
DG COMP (Brussels)
Belgium 7 contributions 1854 visits
On 17 September 2013, the Spanish Competition Commission (“CNC”) imposed a fine of €4,867,317 on four lift manufacturers for unfair trading practices. The CNC initiated its investigation following two different complaints, one by a property owners’ association and one, seven months later, by (...)

The Australian Federal Court decides that the arrangement to buy large volumes of fly-ash was in violation of section 45 which outlaws anticompetitive agreements (Cement Australia)
Australian Competition and Consumer Commission (Canberra)
Australia 227 contributions 36986 visits
Federal Court makes interim declarations of anticompetitive agreements* The Federal Court has made interim declarations in the matter of ACCC v Cement Australia Pty Ltd & Ors, which involved numerous alleged breaches of the competition provisions of the then Trade Practices Act 1974 (the (...)

The Danish City Court of Naestved passes sentence upon the owner of a school for fixing prices on driving lessons (Birgits Driving School)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 105 contributions 26964 visits
Price fixing between 3 Danish driving schools* On September 11, 2013, the Danish City Court in Næstved passed sentence upon the owner of a driving school for infringing section 6 of the Danish Competition Act by fixing prices on driving lessons in corporation with the owners of two other (...)

The Irish Competition Authority welcomes initiatives to bring down cost of school uniforms
Irish Competition Authority (Dublin)
Ireland 55 contributions 8690 visits
Competition Authority welcomes initiatives to bring down cost of school uniforms* The Competition Authority has welcomed reported initiatives from the Government aimed at making school uniforms more affordable. Each year, approaching the start of the new school year, the Authority receives (...)

The US District Court for the Eastern District of Kentucky indicts an executive officer who is accused of agreeing to coordinate bids and fix prices of automotive parts (US / Shingo Okuda, G.S. Electech)
Compliance Strategists (New York)
United States 2 contributions 327 visits
The Auto Parts Antitrust Case: Is This What Success Looks Like?* Wow, what a success! The Antitrust Division recently announced that its investigations in the auto parts market uncovered “separate conspiracies to fix the prices of more than 30 different products sold to US car manufacturers ….” (...)

The Canadian Competition Tribunal holds that ’merchants rules’ adopted by two leading credit card network providers do not constitute resale price maintenance (MasterCard / Visa)
Affleck Greene McMurtry (Toronto)
Canada 1 contribution 217 visits
Priceless: Competition case against Visa and MasterCard dismissed* The Competition Tribunal recently held that Visa and MasterCard’s rules do not constitute resale price maintenance, because their product, credit card network services, is not resold by their customers (known as “acquirers”). The (...)

The US Court of Appeals for the D.C. Circuit Court questions the FCC on ’Net Neutrality’ suggesting antitrust framework (Verizon)
International Center for Law & Economics (Portland)
United States 9 contributions 4821 visits
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International Center for Law & Economics (Portland)
United States 2 contributions 651 visits
One of the most-anticipated cases of the year heard oral argument on September 9. Verizon appealed the FCC’s Open Internet Order (the agency’s Net Neutrality rules) to the D.C. Circuit. The case raises a number of interesting questions about competition policy, specifically, the interplay (...)

The Canadian Competition Authority decides that it would not appeal the Tribunal’s decision but identifies alternate means for addressing the competition issues in the supply of credit card services (VISA / MasterCard)
Davies Ward Phillips & Vineberg (Toronto)
Canada 17 contributions 2666 visits
Credit Cards in Canada: What Role for Competition Law?* 1. Introduction The growing popularity of credit and other payment cards among consumers has been accompanied by an increase in the regulatory and legal scrutiny of the terms governing the availability and use of these cards. One focus (...)

The US District Court for the Southern District of New York establishes the existence of a collusion to eliminate retail price competition for e-books and imposes restrictions on deals with publishers for the next five years (Apple)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 6695 visits
U.S. District Court rules Apple colluded on E-Book Prices* On 10 July 2013 the District Court in Manhattan ruled in United States v. Apple Inc., et al that Apple conspired with five major publishers to raise prices on e-books. The publishers settled and denied any wrongdoing. However, the case (...)

The US District Court for the Northern District of California jury finds an electronics company liable for conspiring to fix prices on liquid crystal display panels and awards damages (Best Buy Company / HannStar Display / Toshiba)
McDermott Will & Emery (Chicago)
United States 2 contributions 312 visits
On September 3, 2013, a California federal jury unanimously found HannStar Display Corp. liable for conspiring to fix prices on liquid crystal display (LCD) panels. However, the jury found co-defendant Toshiba Corporation not liable. The jury awarded plaintiff Best Buy Company $7.47 million (...)

The Austrian Cartel Court imposes fine for resale price maintenance in the milling industry (Vorarlberger Mühlen)
European Commission (Brussels)
Belgium 713 contributions 204730 visits
Austria: The Cartel Court imposes Fine in Milling Industry* On 3 September 2013, the Cartel Court imposed a € 58 500 fine on Vorarlberger Mühlen- und Mischfutter GmbH (Vorarlberger Mühlen) for Resale Price Maintenance (RPM) between the latter and a number of retailers (Court reference number 29 (...)

The Swedish Competition Authority initiates a project aimed at detecting cartels in public procurements by using proactive economic methodology
European Commission (Brussels)
Belgium 713 contributions 204730 visits
Sweden: Screening for Cartels in Public Procurement Auctions* In September 2013, the Swedish Competition Authority (SCA) initiated a project aimed at detecting cartels in public procurements by using proactive economic methodology. Economic detection methods offer an alternative when there (...)

The Norwegian Competition Authority publishes report following sector inquiry into car warranty conditions
European Commission (Brussels)
Belgium 713 contributions 204730 visits
Norway: The Competition Authority publishes Report following its Sector Inquiry into Car Warranty Conditions* In September 2013, the Norwegian Competition Authority (the NCA) published a report based on its sector inquiry into car warranty conditions in Norway. The inquiry was triggered by (...)

Unilateral Practices

 The Czech Supreme Administrative Court cancels the judgment of the Regional Court in a predatory pricing case and guides the use of economic analysis (Student Agency)
Vilímková Dudák (Prague)
Czech Republic 6 contributions 1676 visits
Subject matter of the case On 3 November 2010 Student Agency, s.r.o. (“Student Agency”), a transport services and travel services provider was found guilty by the Office for Protection of Competition (the “Office”) for an abuse of its dominant position on the market for public passenger bus (...)

The Czech Supreme Administrative Court supports findings by the Office for Protection of Competition as regards relevant market definition in predatory pricing case (Student Agency)
Skils (Prague)
Czech Republic 34 contributions 25009 visits
On 30 September 2013, the Supreme Administrative Court cancelled the judgment of Regional Court in Brno in the case regarding alleged predatory pricing by Student Agency (a leading bus transport company) and remanded the case back to it. The Regional Court in Brno previously quashed the (...)

The Brussels Court of Appeal upholds the Belgian Competition Authority’s decision to fine a French media distributor for operating an abusive rebate scheme (Presstalis)
Van Bael & Bellis (Brussels)
Belgium 15 contributions 3880 visits
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Van Bael & Bellis (Brussels)
Belgium 1 contribution 237 visits
In a judgment of 27 September 2013, the Brussels Court of Appeal upheld the decision of the Belgian Competition Council imposing a fine of € 245,530 on Presstalis for operating an abusive rebate scheme. Presstalis, previously known as Nouvelles Messageries de la Presse Parisienne, is a French (...)

The Moldovan Competition Authority investigates the pricing of SMS/MMS services on the telecommunications market (Orange Moldova)
University of Macau - Faculty of Law (Macau)
China 282 contributions 216883 visits
On 12 July 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the telecom operator IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...)

The Advocate General Wathelet proposes to the EU Court of Justice to annul a judgement of the EU General Court in order to force it to exercice its full jurisdiction to review fines imposed by the Commission (Telefónica)
General Court of the European Union (Luxembourg)
Belgium 21 contributions 27171 visits
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White & Case (Brussels)
Belgium 18 contributions 18898 visits
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White & Case (Brussels)
Germany 9 contributions 3552 visits
The level of fines imposed by the European Commission in competition cases has attracted controversy for more than ten years. The often deferential approach of the European courts to hearing appeals has also been criticised, but in many cases the courts have largely left untouched the (...)

The Moldovan Competition Authority investigates predatory pricing on the mobile telecommunications market (Orange Moldova)
University of Macau - Faculty of Law (Macau)
China 282 contributions 216883 visits
In 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the incumbent telecom operator Moldtelecom SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...)

A U.S. Court of Appeal dismisses claims of monopolization against leading software company based on an alleged refusal to deal (Microsoft)
Cornell University
United States 5 contributions 1213 visits
In the antitrust equivalent of Jarndyce v Jarndyce from Charles Dickens’ Bleak House, the United States Court of Appeals for the Tenth Circuit dismissed Novell’s appeal of Novell of the District Court’s decision to enter judgment as a matter of law for the defendant in Novell’s long-standing case (...)

The EU Court of Justice maintains the validity of the Commission’s decision not to investigate the complaint due to the low likelihood of establishing a dominant position of printer manufacturers on ink cartridge aftermarket (EFIM)
University of Amsterdam
Netherlands 4 contributions 1188 visits
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The EFIM-case: no dominant position of printer manufacturers on ink cartridge aftermarket* Ink in cartridges for printers is often called ‘black gold’, or (...)

The EU Court of justice decides to dismiss a complaint and excludes dominance on the aftermarket of ink cartridges for printers (EFIM)
University of Amsterdam
Netherlands 4 contributions 1188 visits
Ink in cartridges for printers is often called ‘black gold’, or qualified as the ‘most expensive liquid in the world’. Manufacturers of printers sell their ink cartridges at (relatively) high prices, whereas they offer their printers for (relatively) low prices. The (...)

The US Court of Western District of Washington makes determinations of the RAND licensing terms for a standard-essential patent (Microsoft / Motorola)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 6695 visits
U.S. District Court for the Western District of Washington makes determinations of RAND licensing terms* On 25 April 2013 Judge Robart issued the non-confidential version of his Findings of Fact and Conclusions of Law in the Microsoft Corp. v. Motorola Inc. case. This is the first time that a (...)

The US Court of Appeals for the Ninth Circuit affirms the District Court’s denial of class certification and the dismissal of the complaint with prejudice (Sommers / Apple)
Orrick, Herrington & Sutcliffe (San Francisco)
United States 22 contributions 7866 visits
If Your Allegations Don’t Establish a Price Effect, You May Lack Antitrust Standing* In Somers v. Apple, Inc., Case No. 11-16896 (9th Cir. Sept. 3, 2013), the Ninth Circuit affirmed the district court’s dismissal of a putative class action against Apple, Inc., alleging antitrust violations in (...)

Mergers

 The Chinese MOFCOM states that mergers in the Shanghai free-trade zone are still subject to anti-monopoly review
University of Melbourne
Australia 103 contributions 22831 visits
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China Competition Bulletin (Beijing)
China 101 contributions 20064 visits
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Institute of American Studies (Beijing)
China 53 contributions 12107 visits
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Mr Yun Zonghua, Director of the Department of International Trade and Economic Affairs of MOFCOM, stated that the newly opened Shanghai Free-Trade Zone involves 5 main areas and over 90 policy measures. The 5 main areas are to: (1) accelerate the transformation of government functions from (...)

The Australian Competition Authority releases new guidelines for merger review
Australian Competition and Consumer Commission (Canberra)
Australia 227 contributions 36986 visits
ACCC publishes updated informal merger review process guidelines* The Australian Competition and Consumer Commission has released the ACCC’s Informal Merger Review Process Guidelines 2013. This follows a consultation process on a draft of the Guidelines with key stakeholders in July, including (...)

The Portuguese Competition, Regulation and Supervision Court annuls decision imposing a fine on a non-notified merger due to shortcomings related to rights of defence (ANF / Farminveste)
Vieira de Almeida (Lisbon)
Portugal 11 contributions 14609 visits
Following the Portuguese Competition Authority (PCA) decision dated 28 December 2012 imposing a total EUR 149,278.79 fine on the National Pharmacy Association (Associação Nacional de Farmácias - ANF) and two of its subsidiaries, Farminveste 3 – Gestão de Participações, S.G.P.S., Lda. (Farminveste (...)

The Danish Competition Council approves merger in the retail sector for furniture (Jysk / IDdesign)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 105 contributions 26964 visits
Danish Competition Council approves JYSK’s acquisition of IDEmøbler and ILVA* On September 25th 2013 the Danish Competition Council (“DCC”) ap-proved JYSK’s acquisition of IDdesign A/S, the owner of the two retail chains IDEmøbler and ILVA. JYSK Holding A/S, which is owned by Lars Larsen, owns the (...)

The US FTC challenges a merger in the market for audience measurement services (Nielsen / Arbitron)
Wilson Sonsini Goodrich & Rosati (Washington)
United States 3 contributions 891 visits
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Wilson Sonsini Goodrich & Rosati (Washington)
United States 1 contribution 295 visits
Background On December 18, 2012, Nielsen announced a $1.26 billion deal to acquire Arbitron. Both firms offer a variety of audience measurement services, which help advertisers and media companies estimate how many people tune-in to particular media content and the demographics of those (...)

The Lithuanian Competition Authority rules on the issue whether credit agreements lead to concentrations (Swedbank / Alita)
Valiunas Ellex (Vilnius)
Lithuania 6 contributions 1821 visits
During the last couple of years a new trend of cases pertaining to the Lithuanian merger control regime has emerged. Those cases concern credit agreements concluded between financial institutions (creditors) and private businesses (borrowers) and claims by the latter, their shareholders or (...)

The Irish Competition Authority publishes draft revised merger guidelines
Queen’s University Belfast
United Kingdom 7 contributions 1370 visits
On September 13, 2013 the Irish Competition Authority published a draft set of Revised Merger Guidelines while simultaneously launching a public consultation on the revision of the existing Guidelines. The consultation process ends on 25 October 2013, and the Competition Authority will (...)

The Irish Competition Authority launches a public consultation on the new draft merger guidelines
Irish Competition Authority (Dublin)
Ireland 55 contributions 8690 visits
Competition Authority public consultation on Merger Guidelines * The Competition Authority launches a public consultation on draft revised merger guidelines which aim to provide guidance on how we investigate and analyse mergers and acquisitions when deciding whether or not they will (...)

The Netherlands ACM clears the creation of a joint-venture for proton therapy between medical centers (HollandPTC)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 135 contributions 18986 visits
ACM clears creation of proton-therapy joint venture The Netherlands Authority for Consumer and Markets (ACM) has cleared the creation of ‘HollandPTC,’ a joint venture for proton therapy between TDH Services (part of Delft University of Technology), Erasmus Holding and Leiden University Medical (...)

The Netherlands ACM clears a planned collaboration between two Dutch publishing companies (Lannoo Meulenhoff / WPG Uitgevers)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 135 contributions 18986 visits
Two Dutch publishing firms are allowed to rent out ebooks together* The Netherlands Authority for Consumer and Markets (ACM) has cleared the planned collaboration between two Dutch publishing companies, Lannoo Meulenhoff and WPG Uitgevers, to offer ebooks rentals to consumers together. The (...)

The Australian Government proposes reform of the national competition regime including an extension of the unfair terms protection to small business and a review of the formal merger assessment process
King & Wood Mallesons (Sydney)
Australia 11 contributions 1174 visits
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Westpac (Sydney)
Australia 2 contributions 210 visits
This article was originally published on In Competition by King & Wood Mallesons (click here). Coalition to uproot competition laws?* With the votes counted and Tony Abbott safely claiming a Coalition victory on 7 September 2013, it’s not only the government that is getting a makeover. As (...)

The Swedish Competition Authority clears a merger by an acquisition of sole control in the pensions and insurance sector (Pensionsservice / Pensionsförsäkring)
Klarna (Stockholm)
Sweden 9 contributions 1225 visits
The Swedish Competition Authority (“the SCA”) received notification of a proposed concentration, by which KPA Pensionsservice AB (“KPA”) acquired sole control of SPP Liv Pensionstjänst AB (“SPP”). In the same notification, KPA Pensionsförsäkring AB notified the acquisition of sole control of a life (...)

The Higher Regional Court Düsseldorf halts a Federal Cartel Office decision to unwind a 17 year old joint venture pending the outcome of an appeal against the decision (Chemie-Vertrieb)
Simmons & Simmons (Dusseldorf)
Germany 4 contributions 599 visits
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Simmons & Simmons (Dusseldorf)
Germany 3 contributions 435 visits
A German appeal court has halted a Federal Cartel Office (FCO) decision to unwind a 17 year old joint venture until the outcome of an appeal against the decision is known. In its interim decision, the court took the opportunity to: set out the requirements under German law for the FCO to find (...)

State Aid

 The EU Commission re-examines a previously compatible Irish State aid scheme in light of the 2005 and 2012 SGEI packages (Electricity Supervisory Board)
Maastricht University
Belgium 287 contributions 44097 visits
Sale of Public Assets, SGEI and Electricity Levies* Main points Revenue from levies on electricity users is most likely to constitute State resources. Public service obligations can be transferred from one electricity-generating company to another. Compensation for public service obligations (...)

The EU General Court rules that a measure designed to offset a structural disadvantage is still State aid (BT Pension Scheme)
Maastricht University
Belgium 287 contributions 44097 visits
The Offsetting of a Structural Disadvantage Is still State Aid* Introduction Normally it is conceptually and technically fairly easy to determine whether an undertaking benefits from a public measure. However, this task becomes considerably more difficult in two situations: i) when a public (...)

The EU General Court clarifies the nature of services of general economic importance and affirms that it is necessary to identify the presence of market failures justifying the grant of compensation (Colt Télécommunications France)
Maastricht University
Belgium 287 contributions 44097 visits
New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court. They are significant because they introduce substantial nuances in the case law concerning the concepts of (...)

The EU General Court upholds the Commission decision on the incompatibility of a State aid granted for the acquisition of a power plant (Fri-El Acerra)
Maastricht University
Belgium 287 contributions 44097 visits
New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court. They are significant because they introduce substantial nuances in the case law concerning the concepts of (...)

The EU General Court annuls a Commission State aid decision, rejecting the accuracy of the calculations concerning the rate of interest that a hypothetical private investor would have paid in a similar situation (Poste Italiane)
Maastricht University
Belgium 287 contributions 44097 visits
New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court. They are significant because they introduce substantial nuances in the case law concerning the concepts of (...)

The EU General Court reinforces the doctrine of inseparability concerning compensation for public service obligations assigned to environmental organisations (Germany / Commission)
Maastricht University
Belgium 287 contributions 44097 visits
The Emerging Doctrine of Inseparability and Compensation for Public Service Obligations [T-347/09, Germany v Commission]* Introduction In the landmark judgment in Leipzig Halle, the General Court stated that infrastructure which is inseparable from economic activity is itself economic and its (...)

The EU General Court finds that organisations for environmental protection that directly offer goods and services in competitive markets must be regarded as undertakings (Germany / Commission)
Max Findlay (London)
Royaume-Uni 8 contributions 2976 visites
Not playing nicely* Recently, there have been two striking cases of organisations behaving badly in a way that the outside world would think was well out of order. In the first example – the Roma Medical Aids case – it isn’t just about somebody breaking the rules. It’s about a company acting in a (...)

Procedures

 A U.S. District Court determines the RAND licensing rate per Wi-Fi chip while considering related issues such as hold-up, royalty stacking and reverse hold-up (Innovatio)
DLA Piper Weiss-Tessbach (Vienna)
Autriche 26 contributions 6695 visites
The second judicial determination of F/RAND rates* On 27 September 2013 the second judicial determination – after Judge Robart’s ruling in Microsoft v Motorola – on F/RAND royalty rates was handed down by Judge Holderman. Innovatio IP Ventures LLC owns several patents essential to the 802.11 (...)

The UK High Court rules that competition law cannot provide a defence to a borrower in an action by a bank to enforce its rights under a facility agreement (Deutsche Bank / Unitech Global)
Simmons & Simmons (London)
United Kingdom 11 contributions 3607 visits
In a significant judgment that could have had “vast” consequences for financial transactions worldwide based on LIBOR, an English High Court Judge has refused to allow defences based on the competition rules to be introduced into the pleadings in an action brought by a LIBOR panel bank to enforce (...)

The Supreme Court of Appeal of South Africa establishes that complaints concerning a price cartel made by private persons may trigger a new course of action to be initiated by the Competition Commission and finds that the requirements for valid initiation and referral have been satisfied in the present case (Yara)
Nortons (Sandton)
South Africa 21 contributions 4339 visits
South Africa- Supreme Court of Appeal upholds Competition Commission appeal relating to investigatory powers* The Supreme Court of Appeal (the “SCA”) upheld an appeal against a judgment of the Competition Appeal Court invalidating a complaint referred to the Competition Tribunal (the “Tribunal”) (...)

The EU General Court fully confirms the legality of the Commission’s inspection decisions under Regulation No 1/2003 and dismisses the appeals on all grounds (Deutsche Bahn)
Grisay – Lawyers and consultants (Brussels)
27 contributions 24869 visites
I. Facts Deutsche Bahn AG (hereafter “the rail company” and "the applicant") is an international company operating in the field of national and international transport of goods and passengers as well as logistics and services in the rail sector. DB Mobility Logistics AG, DB Energie GmbH, DB (...)

The AG Villalón of the CJEU finds that a tariff calculation formula that automatically multiplies the rate payable for the certification activities according to the number of tenders is precluded by EU law (SOA Nazionale Costruttori)
University of Bristol - Law School
United Kingdom 90 contributions 22824 visits
AG Cruz Villalon opposes Italian minimum #tariffs for #public procurement #certification (C-327/12)* In his Opinion of 5 September 2013 in case C-327/12 Soa Nazionale Costruttori (not available in English), AG Cruz Villalon analyses the compatibility with EU free movement (ie freedom of (...)

Regulatory

 The Spanish Competition Authority publishes a report on the application of its guide on public procurement and competition to public health care provision-related procurement in Spain
University of Bristol - Law School
United Kingdom 90 contributions 22824 visits
Spanish competition watchdog CNMC issues report on health care outsourcing procurement* The Spanish Competition Authority has recently published a report on the application of its Guide on Public Procurement and Competition to public health care provision-related procurement in Spain (only (...)

The Federal Government of Nigeria launches the privatisation of the energy sector issuing the necessary licenses and shareholder certificates for 18 private successor companies (PHCN / NEPA)
EPICLEGAL
India 1 contribution 100 visits
The Privatization of the Electricity Sector in Nigeria* The full implementation of the Electric Power Sector Reform has been a key priority for the administration of President Goodluck Jonathan in Nigeria. As noted in the Roadmap for Power Sector Reform, for over two decades, the stalled (...)

The Moldovan Competition Authority investigates the actions of the municipal administration concerning allocation of business premises (Chişinău Municipal Council)
University of Macau - Faculty of Law (Macau)
Chine 282 contributions 216883 visites
On 26 September 2013 the Moldovan Competition Authority (CC) has concluded an investigation into the alleged anti-competitive actions of the Chişinău Municipal Council (CMC) – a legislative body of the municipal administration of Moldova’s capital city. The CC’s investigation was prompted by a (...)

The Bulgarian Competition Authority proposes measures to enhance competition in hospital services market
European Commission (Brussels)
Belgique 713 contributions 204730 visites
Bulgaria: The Commission on Protection of Competition proposes Measures to enhance Competition in Hospital Services Market* On 18 September 2013, the Bulgarian Commission on Protection of Competition (CPC) adopted an ex officio opinion on the compliance with the competition rules of the legal (...)

The OECD supports the recommendations advanced by the Irish Competition Authority for more competition in legal services
Irish Competition Authority (Dublin)
Ireland 55 contributions 8690 visits
OECD backs Competition Authority recommendations for more competition in legal services* The 2013 OECD economic report for Ireland has backed recommendations made by the Competition Authority to increase competition in legal services. In the report, published on the 12 September 2013, one of (...)

The UK FCA launches a market study into cash savings and confirmed that the wholesale markets and pensions are also in its sights
Crowell & Moring (London)
United Kingdom 16 contributions 8460 visits
On 09 September 2013, the Financial Conduct Authority announced that it was launching a market study into cash savings. The study is an early indicator of the type of issues that the FCA will tackle under its new competition remit, where it suspects that ineffective competition is leading to (...)

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