September 2015

General antitrust

 The Tunisian Parliament adopts a new reform of the national Competition Act
Tunisian Competition Council (Tunis)
Tunisia 3 contributions 985 visits
1. Introduction 1. On September 25th, 2015 a new reform of the Tunisian competition Act (TCA) has taken place, after the publication of Act n° 2015-36 of September 15, 2015 in the Tunisian official Gazette. This reform comes after ten years from the last amendments of the TCA and has been (...)

Anticompetitive practices

 The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision which found a franchisor company guilty of price fixing and market sharing in the market for robotic milking systems (Lely Scandinavia / Danish Lely Centres)
European Commission
Belgium 714 contributions 215484 visits
The Danish Competition Appeal Tribunal: Agreement to Fix Prices and Share Markets in Robotic Milking Systems Sector was Illegal* On 30 September 2015, the Danish Competition Appeals Tribunal has upheld a decision adopted by the Danish Competition Council (DCC) on 25 June 2014. The DCC’s (...)

The Greek Competition Authority accepts the commitments proposed by manufacturers on the market for the sale of tobacco products (Philip Morris)
Hellenic Competition Commission (Athens)
Greece 105 contributions 14783 visits
HCC accepted commitments proposed by tobacco manufacturers to meet competition concerns in the market for the sale of tobacco products in Greece* The Hellenic Competition Commission (HCC), by a unanimous decision, accepted commitments proposed by the leading producers of tobacco products in (...)

The Hong Kong Competition Authority publishes a draft leniency policy and guidelines for undertakings engaged in cartel conduct
Hogan Lovells (Beijing)
China 78 contributions 18379 visits
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Hogan Lovells (Hong Kong)
Hong Kong 1 contribution 199 visits
Leniency agreements are commonly offered by competition authorities to encourage entities engaging in anti-competitive conduct to come forward with information to assist with investigations; leniency is indeed generally regarded as one of the most successful tools for uncovering cartels, many (...)

The Hong Kong Competition Authority releases a draft leniency policy and guidelines on cartel conduct
Siemens (New York)
United States 21 contributions 7482 visits
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Patterson Belknap Webb & Tyler (New York)
United States 2 contributions 1937 visits
Hong Kong Competition Commission Releases Leniency Guidelines* On September 23, the Hong Kong Competition Commission (HKCC) released a draft of its “Leniency Policy for Undertakings Engaged in Cartel Conduct.” The draft specifies when the HKCC will refrain from pursuing monetary penalties (...)

The Polish Competition Authority annuls a decision sanctioning an alleged cartel of major mobile telecom operators for cooperating in connection with tender proceedings (Mobile TV / ITF)
Taylor Wessing (Warsaw)
Poland 1 contribution 97 visits
On 23 September 2015, the Polish Court of Competition and Consumer Protection (“SOKiK”) issued a judgment in case no. XVII AMA 112/12 in which it annulled the Chairperson of the Office for Competition and Consumer Protection’s (“UOKiK”) decision of 23 November 2011 in case no. DOK-8/2011. The case (...)

The French Competition Authority starts dawn raids against several companies suspected of having implemented anti-competitive practices in the sector of processed fruits
French Competition Authority (Paris)
France 717 contributions 369259 visits
Processed fruits packaged in cups and pouches – dawn raids* The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on September 22nd in the sector of processed fruits packaged in cups and pouches On 22 September 2015, following (...)

The Hellenic Competition Authority decides to not launch investigation in hotel market (Booking.com / Expedia)
Hellenic Competition Commission (Athens)
Greece 105 contributions 14783 visits
HCC decides not to proceed with a formal investigation into BOOKING & EXPEDIA’s cooperation agreements with hotel businesses in Greece * The Hellenic Competition Commission (HCC) reviewed the revised parity terms in the agreements between online travel agencies (OTAs) BOOKING.COM and (...)

The Singapore Competition Commission clears a strategic alliance agreement concluded between two airlines (Tiger Airways Singapore / Cebu Air)
Allen & Gledhill (Singapore)
Singapore 5 contributions 1487 visits
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Allen & Gledhill (Singapore)
Singapore 5 contributions 1487 visits
On 21 September 2015, the Competition Commission of Singapore (the “CCS”) announced that it had cleared a Strategic Alliance Agreement (the “SAA”) entered into between Cebu Air, Inc. (“Cebu Pacific”) and Tiger Airways Singapore Pte. Ltd. (“Tigerair Singapore”) (collectively, the “Parties”), following (...)

The EU Court of Justice marginally reduces the fine imposed to a parent company in a cartel case to reflect the reduction granted to a subsidiary (Paraffin Wax)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 89826 visits
On 17 September 2015, the Court of Justice (“ECJ”) issued two judgments on the appeals by Total SA and its wholly-owned subsidiary, Total Marketing Services, against two judgments of the General Court (“GC”) in relation to the paraffin wax cartel. In 2008, the European Commission found that Total (...)

The UK Competition Authority closes its hotel online booking investigation (IHG / Expedia / Booking.com)
UK Competition & Markets Authority - CMA (London)
United Kingdom 351 contributions 88301 visits
CMA closes hotel online booking investigation* The CMA today announced that it has closed an investigation into suspected breaches of competition law in the hotel online booking sector. The investigation was launched by the Competition and Markets Authority’s (CMA) predecessor, the Office of (...)

The Slovenian Administrative Court sets aside the Competition Authority’s decision on a bid rigging cartel in the office supplies sector (Providers of office supplies)
Rojs, Peljhan, Prelesnik & partnerji (Ljubljana)
Slovenia 4 contributions 168 visits
By its judgement in case I U 1823/2014 as of 15 September 2015 (“Judgement”) the Administrative court of the Republic of Slovenia (“Administrative court”) annulled the decision of the Slovenian Competition Protection Agency (“Agency”) establishing an infringement of Article 6 of the Prevention of (...)

The Hungarian Competition Authority fines several pharmaceutical laboratories for cartel (Hungaropharma)
Hungarian Competition Authority (Budapest)
Hongrie 86 contributions 17583 visites
The GVH imposed fines for pharma cartel* The Hungarian Competition Authority (GVH) established in its decision that three pharmaceutical wholesalers, with the active collaboration of two consultant companies, had committed an infringement. The wholesalers influenced the medicine public (...)

The US Court of Appeals for the Fourth Circuit turns on the interpretation of the Twombly plausibility standard and the application of the Supreme Court’s precedent on pleading standards to antitrust actions at early stages of litigation (Sawstop / Black & Decker)
Siemens (New York)
United States 21 contributions 7482 visits
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Patterson Belknap Webb & Tyler (New York)
United States 2 contributions 1461 visits
Divided Fourth Circuit Panel Slices Up Twombly in Table Saw Boycott Suit* Last week, a divided three-judge panel of the Fourth Circuit issued a significant decision in a boycott conspiracy case, SD3, LLC v. Black & Decker, No. 14-1746 (4th Cir. Sept. 15, 2015). The suit, at its heart, (...)

The UK Crown Court sentences an individual who pled guilty to a criminal cartel offence (Peter Nigel Snee)
Crowell & Moring (London)
United Kingdom 16 contributions 9485 visits
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Simmons & Simmons (London)
United Kingdom 12 contributions 4003 visits
Director that pleaded guilty to the cartel offence in the galvanised steel water tank cartel has received a six month suspended sentence after his co-accuseds were acquitted. In brief On 14 September 2015, the UK Competition and Markets Authority (CMA) announced that an individual had been (...)

The EU Court of Justice Advocate General Wathelet hands down an opinion on the relationship between the EU Commission and NCA leniency applications for the same cartel (DHL)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45664 visits
On 10 September 2015, Advocate General Wathelet of the European Court of Justice (“ECJ”) issued an opinion on a preliminary reference from an Italian court regarding the relationship between leniency applications made under the European Commission’s leniency notice and summary applications made to (...)

The French Competition Authority obtains commitments from several mainland alcohol manufacturers aiming to stop the exclusive distribution of their products in the French overseas territories (Pernod-Ricard)
French Competition Authority (Paris)
France 717 contributions 369259 visits
Distribution of consumer goods in the French overseas territories* The Autorité de la concurrence has obtained from several mainland manufacturers their commitment to put an end to the exclusive distribution of their products in the French overseas territories and to implement a competitive (...)

The EU Commission welcomes the judgement of the General Court which confirms its TV and computer monitor tubes cartel decision (Panasonic)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607203 visits
European Commission - Fact Sheet Commission welcomes General Court rulings upholding TV and computer monitor tubes cartel decision* The European Commission welcomes today’s judgments by the EU General Court in the TV and computer monitor tubes cartel The European Commission welcomes today’s (...)

The EU General Court confirms the decision of the Commission sanctioning a cartel on the market for cathode ray tubes but reduces the fines for some undertakings (Panasonic / Samsung / LG / Philips / Toshiba)
General Court of the European Union (Luxembourg)
Luxembourg 59 contributions 26852 visits
The General Court reduces the fines imposed by the Commission on Panasonic and on Toshiba for their participation in a cartel on the European market for tubes for television sets* However, it confirms the fines imposed on the other members of the cartel By decision of 5 December 2012, [1] the (...)

The South African Competition Authority fines two shipping companies for bid-rigging and exercises a considerable degree of discretion when choosing a strategy for imposing an administrative penalty (NYK / WWL)
Primerio (Johannesburg)
South Africa 7 contributions 3940 visits
Shipping Cartel: Recent approach to fining in SA* AAT previously reported (here and here) that the SACC had been investigating cartel behaviour which allegedly took place between multiple shipping liners who transported vehicles for various Original Equipment Manufacturers (“OEMs”). The (...)

The Indian Competition Authority dismisses allegations of bid rigging against two manufacturers of train brakes because their last three bids were all accepted by the tender organizer (Faiveley Transport India / Knorr Bremse India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40464 visits
Competition Commission of India (CCI) closes case against disc brake suppliers to Indian Railways on allegation of bid-rigging* CCI by its order dated September 8, 2015 dismissed allegations of bid-rigging against manufacturers of axle mounted disc brake system(AMDBS) used in coaches and power (...)

The Indian Competition Authority fines a state-wide association of film exhibitors for anticompetitive conduct against independently acting film distributors (Crown Theatre / KFEF Kerala Film Exhibitors Federation)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40464 visits
CCI penalises Kerala Film Exhibitors Federation* CCI by its order dated September 8, 2015 has found Kerala Film Exhibitors Federation (KFEF) violating section 3(3) (b) of the Competition Act, 2002 (Act). CCI found that the trade association, engaged in the business of exhibition of film in (...)

The Italian Council of State says that major ferry companies did not agree to increase fares for the Sardinia-Continental Italy maritime links (Sardinia Ferries Fares)
Giannino SI (Monserrato)
Italy 154 contributions 129865 visits
By a recent judgment made on 11 June 2013 in the Sardinia Ferries Fares case1, the Italian Council of State (CS) has rejected the appeal filed by the Italian Competition Authority (ICA) against the judgment of administrative court of first instance (Tar Lazio)2, which overturned the (...)

The Moscow Arbitration Court confirms the fines imposed on participants of a cartel on the table salt market (TDS)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53682 visits
Arbitration Court confirmed legitimacy of the fines upon participants of the cartel on the table salt market* Moscow Arbitration Court confirmed legitimacy of the fines imposed by the Federal Antimonopoly Service (FAS Russia) upon cartel participants on the market of wholesale supplies of (...)

The Polish Competition Authority appeals in a case regarding an agreement between mobile phone providers (Polkomtel)
Polish Competition Authority (Warsaw)
Poland 106 contributions 19015 visits
Poland’s competition Authority appealed in case regarding agreement between mobile phone providers* Poland’s Office of Competition and Consumer Protection (UOKiK) appealed a first instance court ruling which overturned UOKiK’s decision regarding an agreement between the four largest mobile (...)

The Moscow Arbitration Appeal Court confirms the fines imposed on participants of crab cartel (Aquaresource-DV / Taifun)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53682 visits
Appeal Court pronounced legitimacy of the fines imposed upon cartel participants at crab auctions* The 5th Arbitration Appeal Court in Vladivostok pronounced legitimacy and reasonableness of FAS fines imposed upon “Aquaresource-DV” Ltd. and “Taifun” Ltd. The total fines upon the two companies (...)

The Russian Competition Authority concludes that regional agreements must not contain competition restrictions
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53682 visits
FAS warns* Regional agreements must not contain anticompetitive agreements The Federal Antimonopoly Service (FAS Russia) has sent letters to the Heads of regional executive bodies reminding that it is unacceptable to include provisions in the agreements that lead or can lead to restricted (...)

The Latvian Competition Authority issues warnings against 15 tenderers of public procurements suspected of bid-rigging
Latvian Competition Council (Riga)
Latvia 116 contributions 22269 visits
Competition Authority warns 15 Undertakings* In the first half of 2015, the Competition Council (CC) of Latvia has issued warnings to 15 undertakings under suspicion of breach of the Competition Law. Most warnings have been issued to tenderers of public procurements, thus once again proving (...)

The Greek Supreme Court clarifies its interpretation of the ’association of undertakings’ notion in the application of article 101 TFEU (Greek Dental Bar Associations)
Prentoulis Gerakini Law Partnership (Athens)
Greece 6 contributions 2492 visits
By virtue of judgments 148/2015, 149/2015 and 150/2015, the Greek Supreme Court held that the Greek Dental Bar Associations are “associations of undertakings” and their decisions on the imposition of minimum thresholds of fees infringe upon article 1 of Greek Law 703/1977 (now Law 3959/2011). (...)

Unilateral Practices

 The US Court of Appeals for the Ninth Circuit upholds that a college athletics association’s restrictions on compensation should be subject to antitrust scrutiny (O’Bannon / NCAA)
Constantine Cannon (New York)
United States 4 contributions 963 visits
NCCA Gains Ground Against Student-Athletes In Appeal Of O’Bannon Case* Last week, the United States Court of Appeals for the Ninth Circuit ruled that the NCAA may restrict colleges from compensating student-athletes beyond the cost of attendance, handing the NCAA a partial victory in its (...)

The Danish Supreme Court rules on State action defense and refusal to supply under Danish competition law (Copenhagen Airport Terminal A)
University of Copenhagen - Faculty of Law
Denmark 10 contributions 4088 visits
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Accura (Copenhagen)
Denmark 3 contributions 1330 visits
Summary of the case After a lengthy process the Danish Supreme Court finally closed the curtain in September 2015 on a potential new, and competing, terminal in Copenhagen Airport, the main Danish airport hub. A group of investors had asked the airport to grant access (a lease) to a plot of (...)

The Finnish Competition Authority closes an investigation concerning a suspected abuse of dominance on the insulation board market (Finnfoam Oy)
Finnish Competition and Consumer Authority (Helsinki)
Finlande 72 contributions 12006 visites
FCCA closes investigation of abuse of dominant market position on the insulation board market* In a decision issued on 29 September 2015, the Finnish Competition and Consumer Authority (FCCA) closed an investigation concerning a potential case of abuse of a dominant market position by Finnfoam (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against cable TV provider by TV station running news stories against State Government due to lack of evidence (Makkal TV / Tamil Nadu Arasu Cable TV)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40464 visits
CCI closes case against Tamil Nadu Arasu Cable TV Corporation Ltd.* CCI by its order dated September 29, 2015 has closed the case against Tamil Nadu Arasu Cable TV Corporation (OP), for alleged indulging in unfair and discriminatory practices with regard to collection of carriage fee from (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a state tax department because challenged activities do not make it an "enterprise" and therefore Competition Act has no jurisdiction (Taj Pharmaceuticals / The Department of Sale Tax & Professional tax)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40464 visits
CCI closes case of abuse of dominance and unfair trade practices against Maharashtra’s Department of Sales Tax* The CCI in its order dated September 29, 2015 dismissed allegations against Departments of Sales Tax/Professional Tax (Department).Taj Pharmaceuticals(Informant) complained that the (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against 7 power distribution companies on grounds of lack of jurisdiction (Open Access Users Association / Tata Power Delhi Distribution)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40464 visits
CCI dismisses a case against seven power distribution companies across four states* CCI vide its order dated September 29, 2015 closed the case alleging abuse of dominant position by seven power distribution companies, including three from the National Capital and remaining others from Punjab, (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a newspaper’s online portal (Cloudwalker Streaming Technologies / Bennett / Coleman and Company)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40464 visits
CCI closes case against a daily newspaper of Times Group in Mumbai* The CCI by its order dated September 29, 2015 dismissed case against a daily newspaper of Times Group Bombay Times online portal www.halfticket.tv, managed by Cloudwalker Streaming Technologies Private Limited (“Informant”) and (...)

The Polish Competition Authority accepts commitments proposed by insurers in the life insurance market (Allianz)
Polish Competition Authority (Warsaw)
Poland 106 contributions 19015 visits
UOKiK issues commitment decisions in unit-linked life insurance cases as part of wide investigation of consumer abuses in the sector* Three insurance companies – Polish units of Aviva, Allianz and Nationale Nederlanden – have committed to significantly reduce cancellation fees in existing (...)

The Mexican Competition Authority launches a public consultation on guidelines for performing absolute monopolistic practices investigations
Mexican Competition Authority (Mexico City)
Mexico 124 contributions 24364 visits
COFECE initiates public consultation on Guidelines for performing Absolute Monopolistic Practices investigations* The draft describes the nature of the investigation procedure for absolute monopolistic practices, how it is started and its main stages, among other aspects Mexico City, September (...)

The Irish Competition Authority publishes commitments secured from Europe’s largest online travel agent platform regarding its best price guarantee (Booking.com)
Irish Competition Authority (Dublin)
Ireland 89 contributions 14344 visits
Commission secures 5-year commitments from Booking.com* Commission secures 5-year commitments from Booking.com Accommodation providers in Ireland will have increased ability to offer lower prices Consumers will have greater access to more competitive rates Tuesday, 6th October 2015: The (...)

The Polish Competition Authority fines a gas supplier for failing to fully comply with a commitment decision (PGNiG)
Polish Competition Authority (Warsaw)
Poland 106 contributions 19015 visits
PGNiG, Poland’s leading gas supplier, fined for failing to fully comply with a commitment decision* UOKiK has fined Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), a leading Polish oil and gas company, EUR 2.45 mln for failing to comply with a part of the commitment decision it had accepted in (...)

The Belgian Competition Authority fines a national lottery for abuse of dominance (National Lottery)
Belgian Competition Authority (Brussels)
Belgium 89 contributions 20553 visits
The Belgian Competition Authority imposes a fine of 1.190.000 EUR on the National Lottery for having abused its dominant position when launching its sports betting product Scooore!* The Investigation and Prosecution Service of the Belgian Competition Authority imposes a fine of 1.190.000 EUR (...)

The Belgian Competition Authority issues a decision following the first application of its unique settlement procedure in article 102 cases (Stanleybet / Nationale Loterij)
Latham & Watkins (Brussels)
Belgium 12 contributions 4484 visits
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Belgian Federal Public Service of Justice
Belgium 1 contribution 379 visits
I. The Parties Nationale Loterij NV (‘NL’) was founded in 1934 and organises public lotteries in Belgium ever since. NL holds a legal monopoly on this market . In addition, NL competes with other companies on the Belgian sports betting market. Stanleybet Belgium NV, Stanley International (...)

The Portuguese Competition Authority accepts commitments proposed by a car manufacturer related to vehicle warranties’ restrictions (Ford)
Portuguese Competition Authority (Lisbon)
Portugal 107 contributions 26571 visits
The PCA converts into mandatory conditions the commitments presented by Ford Lusitana regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) converts into mandatory conditions all the commitments presented by Ford Lusitana, S.A. (Ford), in order to address the (...)

The Lithuanian Competition Authority fines a retailer for using unfair practices against distributors (Rimi Lietuva)
Max Planck Institute for Innovation and Competition (Munich)
Germany 19 contributions 4408 visits
On 18 September 2015 the Competition Council fined UAB RIMI LIETUVA (hereinafter: RIMI) for an infringement of Article 3(1) point 8 of the Law of the Republic of Lithuania on the Prohibition of Unfair Practices of Retailers. During the investigation the Competition Council analyzed whether the (...)

The US DoJ recommends a significantly reduced fine for an auto parts manufacturer accused of bid-rigging and price-fixing (Kayaba Industry)
Jones Day (Houston)
United States 33 contributions 15377 visits
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Jones Day (Washington)
United States 23 contributions 11185 visits
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Jones Day (Chicago)
United States 10 contributions 1861 visits
The U.S. Department of Justice has recommended a significantly reduced fine for an auto parts defendant accused of bid-rigging and price-fixing, based largely on the defendant’s having quickly instituted a rigorous antitrust compliance program – even though only after the government initiated its (...)

The Russian Competition Authority finds that a smartphone operating system developer abused its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53682 visits
“Google” abuses its dominant position on the market of pre-installed application stores in “Android” OS* The FAS Commission arrived to that conclusion on 14th September 2015, based on investigating the case against “Google Inc, Google Ireland” Ltd., “Google” Ltd. FAS found that “Google Inc. Google (...)

The Romanian Competition Authority launches a market test concerning a possible abuse of dominance in the pharmaceutical sector (GlaxoSmithKline)
Romanian Competition Council (Bucharest)
Roumanie 128 contributions 23446 visites
The Competition Council launches for public debates the commitments formulated by S.C. GLAXOSMITHKLINE S.R.L.* The Competition Council launches for public debates the commitments formulated by S.C. GlaxoSmithKline (GSK) S.R.L. within the investigation on possible abuse of dominant position of (...)

The German Competition Authority decides not to open formal proceedings against a search engine company in an ancillary copyright dispute (Google / VG Media)
German Competition Authority (Bonn)
Allemagne 427 contributions 107865 visites
Bundeskartellamt takes decision in ancillary copyright dispute* Bonn, 09 September 2015: In the dispute between the copyright collecting society VG Media and Google, the Bundeskartellamt has decided not to open formal proceedings against Google regarding its conduct in connection with the (...)

The Hungarian Competition Authority fines two undertakings for creating and operating a rebate system to the detriment of their online retailers of contact lenses and care products (Alcon)
Hungarian Competition Authority (Budapest)
Hungary 86 contributions 17584 visits
The GVH stepped up against the restriction of the online distribution of contact lenses and care products* The Hungarian Competition Authority (GVH) established in its decision that by creating and operating a rebate system to the detriment of the online retailers of CIBA contact lenses and (...)

The South African Competition Tribunal addresses its first predatory pricing case in the newspaper market (Media24)
Wallonia-Brussels Trade Commission - AWEX (Johannesburg)
South Africa 8 contributions 2662 visits
First predatory pricing case before the Competition Tribunal* A year ago, we at AAT reported on the intervention by competitors in the merger between Media24 and Paarl Media. Today, we want to highlight a “one-year-later” feature about that same company, which has now been found liable of (...)

The Latvian Administrative Regional Court upholds the decision of the Competition Authority that fined and imposed remedies on the national gas supplier in a case of abuse of dominance (Latvijas Gāze)
Latvian Competition Council (Riga)
Latvia 116 contributions 22269 visits
Court agrees with the Competition Authority to fine the National Gas Supplier* On 2 September, the Administrative Regional Court confirmed the Competition Council’s (CC) decision to impose the only natural gas supplier in Latvia – AS "Latvijas Gāze" – remedies to change the practice of debt (...)

Mergers

 The UK Competition Authority provisionally clears a merger between two water companies (Bournemouth Water / Pennon)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 351 contributions 88297 visites
CMA provisionally clears water merger* The CMA has today provisionally cleared the purchase of Bournemouth Water by South West Water. In June 2015, the completed acquisition by Pennon Group plc (the owner of South West Water Limited) of Bournemouth Water Investments Limited (which operates (...)

The Chinese MOFCOM cracks down on failures to notify qualifying mergers, acquisitions and joint ventures (FJEI / FPID) (Nanjing Puzhen / Bombardier Sweden) (BestTv / Microsoft)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 64 contributions 29404 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 74 contributions 55230 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 12232 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet (...)

The Chinese MOFCOM fines several undertakings for breaches of merger notification rules (FJEI / FPID) (Nanjing Puzhen / Bombardier Sweden) (BestTv / Microsoft)
AnJie Broad Law (Beijing)
China 37 contributions 11979 visits
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AnJie Broad Law (Beijing)
China 2 contributions 907 visits
Warning from MOFCOM: Second Wave of Penalties Imposed for Breaches of Concentration Notification Rules* On September 29th 2015, the Ministry of Commerce of the P.R.C (“MOFCOM”) published four administrative decisions on penalties for illegal activities involved in the concentration of (...)

The EU Commission opens an in-depth investigation concerning a merger in the office supplies market (Staples / Office Depot)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607168 visits
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO STAPLES’ PROPOSED TAKEOVER OF OFFICE DEPOT* The European Commission will investigate in-depth the acquisition of office supplies distributor Office Depot by its competitor Staples. The European Commission has opened an in-depth (...)

The Latvian Competition Authority clears a merger in the dairy products market (Meridian Capital / SIA Rīgas piensaimnieks)
Latvian Competition Council (Riga)
Latvia 116 contributions 22269 visits
THE CC CLEARS PURCHASE OF SIA RĪGAS PIENSAIMNIEKS* On 25 September, the Competition Council (CC) of Latvia cleared Meridian Capital CIS Fund purchase of SIA Rīgas piensaimnieks. In the decision, the competition authority foresees that such merger will not to distort competition and will develop (...)

The Croatian Competition Authority acknowledges implementation of the structural divestment remedies and the conduct behavioural remedies imposed to a merger in the retail sector (Agrokor)
Croatian Competition Agency (Zagreb)
Croatia 112 contributions 17830 visits
Agrokor complies with its commitment to divest its outlets under the decision of the CCA* The Croatian Competition Agency (CCA) accepted the second report of the trustee on the implementation of the structural divestment remedies and the conduct (behavioural) remedies in the concentration (...)

The Finnish Competition Authority clears a merger on the publishing market (Bonnier / Stockmann)
Finnish Competition and Consumer Authority (Helsinki)
Finlande 72 contributions 12006 visites
FCCA APPROVES ACQUISITION OF ACADEMIC BOOKSTORE BY BONNIER* On 24 September 2015, the Finnish Competition and Consumer Authority (FCCA) approved an acquisition whereby Bonnier Books Retail Finland Ltd, part of the Bonnier Media Group, will acquire the businesses of Academic Bookstore from (...)

The Finnish Competition and Consumer Authority clears a merger in the publishing and book retail market (Bonnier / Stockmann)
University of Helsinki
Finland 12 contributions 3268 visits
The Finnish Competition and Consumer Authority (FCCA) has cleared a merger where Bonnier Books Retail Finland, part of the Bonnier group, is acquiring the business operations of Academic Bookstore from department store operator Stockmann. Bonnier is a major publishing house which is also (...)

The Finnish Competition and Consumer Authority approves an acquisition of a chain of bookstores by a large media group (Academic Bookstore / Bonnier)
Merilampi Attorneys (Helsinki)
Finland 7 contributions 16259 visits
On 24 September 2015, the Finnish Competition and Consumer Authority (FCCA) issued a decision approving Bonnier Books Retail Finland Ltd.’s acquisition of Academic Bookstore’s business operations owned by Stockmann Oyj Abp. Bonnier Books Retail Finland Ltd is part of the Bonnier Media Group, (...)

The US District Court for the Northern District of Ohio denies the Federal Trade Commission’s bid to enjoin a company from acquiring its alleged potential competitor (Steris / Synergy)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 29 contributions 9219 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 17 contributions 8868 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 22 contributions 10093 visits
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This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On September 24, 2015, the U.S. District Court for the Northern District of Ohio denied the Federal Trade Commission’s (FTC) bid to enjoin Steris Corporation (...)

The U.S. District Court for the Northern District of Ohio denies the FTC’s bid to prevent company from acquiring its alleged potential competitor (Steris / Synergy Health)
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 17 contributions 8868 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 22 contributions 10093 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 5 contributions 1828 visits
On September 24, 2015, the U.S. District Court for the Northern District of Ohio denied the Federal Trade Commission’s (FTC) bid to enjoin Steris Corporation (Steris) from acquiring its alleged potential competitor, Synergy Health plc (Synergy). The loss breaks a string of victories in merger (...)

The US District Court for the Northern District of Ohio denies the FTC bid for a preliminary injunction in a merger case (Steris / Synergy)
Faegre Drinker (Washington)
United States 1 contribution 228 visits
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Proskauer (Washington)
United States 2 contributions 377 visits
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Proskauer (Washington)
United States 1 contribution 228 visits
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This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. "Prophesy is a good line of business, but it is full of risks." Mark Twain could have been speaking about the FTC’s recent challenge to a merger between the (...)

The UK Competition Authority considers merger remedies proposed by a supplier of legal information (Reed Elsevier / Jordan Publishing)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 351 contributions 88297 visites
CMA CONSIDERS REMEDIES IN FAMILY LAW INFORMATION MERGER* The CMA has decided to consider in detail whether to accept remedies offered by Reed Elsevier (UK) Limited. Earlier this month, the Competition and Markets Authority (CMA) announced that it would refer the anticipated acquisition by (...)

The French Competition Authority clears a merger subject to remedies on the hearing aid products market (Audika / William Demant)
Autorité de la concurrence (Paris)
France 717 contributions 369242 visites
The Autorité de la concurrence clears, subject to commitments, the acquisition of Audika by William Demant.* On 28 May 2015, the William Demant group notified the Autorité de la concurrence of the acquisition of sole control of the Audika group. William Demant, one of the main manufacturers of (...)

The EU Commission clears the acquisition of a global semiconductor manufacturer, subject to the divestment of its radio frequency power business (NXP / Freescale)
European Commission
Belgium 3 contributions 682 visits
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European Commission - DG COMP (Brussels)
Belgium 3 contributions 5649 visits
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European Commission - DG COMP (Brussels)
Belgium 1 contribution 157 visits
NXP / Freescale: global remedies in a 3 to 3 semiconductor merger* In a nutshell: The case concerned the combination of two major semiconductor manufacturers active worldwide, which was reviewed in several jurisdictions. The Commission cooperated particularly closely with the US FTC to ensure (...)

The Indian Competition Authority approves transfer of 45% of shares between two cement companies (HeidelbergCement / Italmobiliare)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40464 visits
CCI approves German firm Heidelberg Cement’s proposed acquisition of shares in ItalcementiSpA (ISPA)* CCI by its order dated September 17, 2015, approved the proposed acquisition of 45% shareholding in Italcementi S.p.A (ISPA) by Heidelberg Cement AG from Italmobiliare S.p.A. (ISPA). Both the (...)

The EU Commission clears a merger subject to remedies in the radio frequency and power transistors market (NXP / Freescale)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607168 visits
MERGERS: COMMISSION APPROVES NXP’S ACQUISITION OF FREESCALE, SUBJECT TO CONDITIONS* The European Commission has approved the acquisition of Freescale by NXP, subject to divestment of NXP’s radio frequency power business, where the takeover could have led to higher prices and less competition. (...)

The German Competition Authority clears a merger in the vehicle glass repair service market (Carglass / Junited Autoglas)
German Competition Authority (Bonn)
Allemagne 427 contributions 107865 visites
Bundeskartellamt clears merger between Carglass and junited AUTOGLAS* The Bundeskartellamt has cleared the acquisition of the "junited AUTOGLAS" network and three individual garages that offer vehicle glass repair services by Belron GmbH, Cologne, the parent company of Carglass GmbH. The (...)

The Indian Competition Authority clears structural separation of global pharmaceutical company’s bioscience business into separate new pharmaceutical company (Baxter India / Baxalta India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40464 visits
CCI clears Baxter-Baxalta merger deal* CCI vide its order dated September 8, 2015 has approved the proposed transfer of Baxter India’s bioscience business and related assets to its wholly-owned subsidiary Baxalta India, after finding that the transaction would not have an appreciable adverse (...)

The French Competition Authority examines a new merger case referred back by the EU Commission (Davigel / Bain Capital)
Autorité de la concurrence (Paris)
France 717 contributions 369242 visites
The Autorité de la concurrence will review the acquisition of Davigel by Bain Capital* The European Commission has referred back to the Autorité de la concurrence a new merger case that would normally have fallen within its jurisdiction: the acquisition of Davigel (frozen products and ice (...)

The EU Commission clears a global energy leader’s biggest industrial acquisition of the third-largest competitor, subject to divesting part of the gas business to the fifth largest competitor, and other remedies (General Electric / Alstom)
European Commission - DG TAXUD (Brussels)
Belgium 4 contributions 1358 visits
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Snap Inc. (Paris)
France 3 contributions 854 visits
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European Commission - DG COMP (Brussels)
Belgium 2 contributions 515 visits
General Electric / Alstom: our heavy duty* In a nutshell: The GE/Alstom merger raised concerns in relation to the supply of Heavy Duty Gas Turbines, which are expected to play an important role in the coming decades in the European energy mix. The case is interesting amongst other factors (...)

The EU Commission clears an acquisition in the markets of oil and gas exploration, the liquefaction of gas and the wholesale supply of liquefied natural gas (BG Group / Royal Dutch Shell)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607168 visits
Commission clears acquisition of BG Group by Royal Dutch Shell* The transaction was cleared as it will not grant Shell market power in oil and gas exploration, LNG liquefaction or LNG wholesale supply. Shell will also not be able to prevent competitors from using its gas infrastructure in the (...)

The EU Commission opens an in-depth investigation regarding a merger in the market of packaging materials (Walki / Mondi)
European Commission - DG COMP (Brussels)
Belgium 1262 contributions 2607168 visits
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO ACQUISITION OF PARTS OF WALKI’S INDUSTRIAL PACKAGING DIVISION BY MONDI * The Commission has concerns that Mondi’s acquisition of two of Walki’s packaging plants could lead to less choice and higher prices for customers of certain packaging (...)

The French Competition Authority examines two merger cases referred back by the EU Commission that would normally have fallen within the European jurisdiction (Auchan and Système U and Vedici / Vitalia)
Autorité de la concurrence (Paris)
France 717 contributions 369242 visites
The European Commission has referred the examination of two major merger cases back to the Autorité de la concurrence* The European Commission has referred back to the Autorité de la concurrence two merger cases that would normally have fallen within its jurisdiction: the alliance agreement (...)

State Aid

 The EU Commission finds that a German levy to offset the cost of compulsory milk quality tests is incompatible State aid (Milk quality tests)
Maastricht University
Belgique 321 contributions 56247 visites
*Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission finds that Dutch subsidies for the acquisition of land for nature conservation are compatible with State aid (Nature land)
Maastricht University
Belgique 321 contributions 56247 visites
Nature Conservation as a Service of General Economic Interest* Public funding of non-economic activities does not create State aid problems when any related economic activities are clearly separated. The 2012 SGEI package can apply retroactively. Introduction Member States of the European (...)

The EU Commission reminds national Courts that neither the importance of a service nor a decision of a tribunal is sufficient to remove a public measure from the scope of application of State aid rules (CSTP / Buonotourist / Micula)
Maastricht University
Belgique 321 contributions 56247 visites
Compensation for Public Service Obligations and Compensation for Damage* Compensation for public service obligations is compatible with the internal market when, at minimum, a PSO is well defined in an entrustment constituting an official act of a public authority, the revenues and costs of (...)

The EU Commission clears a subsidy composed of shareholder loans, capital injections and infrastructure expansion and improvements (Leipzig-Halle Airport)
Maastricht University
Belgique 321 contributions 56247 visites
Airport Infrastructure, Public Remit and the MEOT* A public authority, acting as a private investor, may provide finance which is free of state aid to an airport and at the same time grant state aid to the same airport. Public funding of activities that fall within the exclusive tasks of the (...)

Procedures

 The UK Competition Authority provides guidance for appealing energy price controls (British Gas and Northern Powergrid / Ofgem)
Blackstone Chambers (London)
United Kingdom 3 contributions 866 visits
Appealing energy price controls: guidance for beginners from the CMA* The CMA recently published its final determinations in two appeals brought by British Gas and Northern Powergrid against Ofgem’s electricity price controls for the next 8 years. The appeals were the first under section 11C of (...)

The Competition Commission of Singapore announces a number of proposed amendments to the Competition Regime of Singapore
Allen & Gledhill (Singapore)
Singapore 5 contributions 1487 visits
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Allen & Gledhill (Singapore)
Singapore 5 contributions 1487 visits
On 25 September 2015, the Competition Commission of Singapore (“CCS”) announced a number of proposed amendments to the CCS Guidelines. Notable amendments include a new fast-track procedure to expedite the investigative process for infringements under Sections 34 and 47 of the Competition Act (...)

The Hellenic Competition Authority publishes adjustments to the quantification criteria used in the prioritization of cases
Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1853 visits
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Kyriakides Georgopoulos (Athens)
Greece 28 contributions 781 visits
Adjustments to the quantification criteria used in the prioritization of cases (HCC 616/2015) In 2012, the HCC announced a point system, based on which it regulates the prioritization of all antitrust cases handled by the DirectorateGeneral (HCC 539/VII/2012). In March 2016, the HCC announced (...)

The Bulgarian Supreme Administrative Court confirms Commission’s decision ordering for a transportation company to suspend operations in Bulgaria for immediate enforcement (Uber)
Mondelez (Sofia)
Romania 8 contributions 2893 visits
On September 23, 2015 the five-member panel of the Bulgarian Supreme Administrative Court confirmed the decision of the Commission on Protection of Competition for immediate enforcement of the decision ordering for Uber to suspend operations in Bulgaria. On June 30, 2015, the CPC adopted its (...)

The US District Court for the Southern District of New York dismisses a lawsuit over patent settlement where generics were granted early-entry licenses with acceleration clauses (Takeda Pharmaceuticals)
Siemens (New York)
United States 21 contributions 7482 visits
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Patterson Belknap Webb & Tyler (New York)
United States 2 contributions 1937 visits
Better Early than Never: SDNY Dismisses Lawsuit over Patent Settlement where Generics were Granted Early-Entry Licenses with Acceleration Clauses* On September 22, Judge Ronnie Abrams of the Southern District of New York dismissed an antitrust lawsuit against Takeda Pharmaceuticals and three (...)

The Mexican Competition Authority opens a public consultation on the criteria to take into account for pronounce an injunction measure
Mexican Competition Authority (Mexico City)
Mexico 124 contributions 24364 visits
COFECE opens public consultation on Technical Criteria for the request and emission of injunctive measures as well as the setting of sureties* Mexico City, September 22nd 2015. - The Mexican Federal Economic Competition Commission (COFECE) opened a 30 working day public consultation period so (...)

The Portuguese Competition Authority fines a car manufacturer for providing false, inaccurate or incomplete information (Ford)
Portuguese Competition Authority (Lisbon)
Portugal 107 contributions 26571 visits
AdC fines Ford for providing false, inaccurate or incomplete information* The Portuguese Competition Authority (Autoridade da Concorrência - AdC) has imposed a fine of €150,000 on Ford, for providing false, inaccurate or incomplete information further to a request of the AdC in the context of (...)

The Ukrainian Competition Authority adopts recommendations for a new approach to calculating fines for competition law infringements
Arzinger (Kiev)
Ukraine 4 contributions 836 visits
The Antimonopoly Committee of Ukraine Adopted the Methodology for the Fines Calculation* On 15 September 2015, the Ukrainian competition authority, the Antimonopoly Committee of Ukraine (the AMCU), adopted Recommendations on approaches for calculation of fines for competition law infringements (...)

The Russian Competition Authority welcomes the payment of the fine imposed on an electricity provider for failure to submit information (Promyshlennaya Energetika)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53682 visits
“Promyshlennaya Energetika” paid the fine* “Promyshlennaya Energetika” OJSC fulfilled a determination issued by the Federal Antimonopoly Service (FAS Russia) and paid 300,000 fined imposed for failure to comply with the Information Disclosure Standards for the participants of wholesale and retail (...)

Regulatory

 The Croatian Competition Authority changes its guidelines for successful pitching after infringement with advertising trade association (HURA)
Croatian Competition Agency (Zagreb)
Croatia 112 contributions 17830 visits
Croatian Association of Communications Agencies changes its Guidelines for successful pitching* In the infringement proceeding carried out against the Croatian Association of Communications Agencies – HURA, the CCA accepted the remedies proposed by this association of advertisers. Namely, HURA (...)

The UK Cabinet Office launches a public consultation on the draft Utilities Contracts Regulations 2016
Norton Rose Fulbright (London)
United Kingdom 2 contributions 293 visits
Background to the consultation The Cabinet Office has commenced a public consultation on the draft Utilities Contracts Regulations 2016 (UCR 2016) and the draft Concessions Contracts Regulations 2016 (CCR 2016). The UCR 2016 will update the rules which utilities must adhere to when awarding (...)

The Mexican Competition Authority publishes an opinion on a proposal to regulate the distance between fuel service stations
Mexican Competition Authority (Mexico City)
Mexico 124 contributions 24364 visits
COFECE issues regulatory opinion to the Coahuila government regarding a proposal to regulate the distance between fuel service stations* Mexico City, September 15th 2015.- The Mexican Federal Economic Competition Commission (COFECE) issued a recommendation to the Head of the Executive Branch (...)

The Croatian Competition Authority carries out a legal analysis of the legislative framework regulating the road safety and the criteria prescribed for setting an adequate number of driving schools in Croatia
Croatian Competition Agency (Zagreb)
Croatia 112 contributions 17830 visits
The limitation of the number of driving schools in unwelcome in the sense of competition rules* The Croatian Competition Agency (CCA) carried out a legal analysis of the legislative framework regulating the road safety and the criteria prescribed for setting an adequate number of driving (...)

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