September 2016

General antitrust

 The Indian Competition Authority announces plans to recruit 24 Competition Resource Persons to promote competition awareness and advocacy
Vaish Associates Advocates (New Delhi)
Inde 256 contributions 31842 visites
CCI to appoint 24 Competition Resource Persons to promote competition awareness and advocacy* The CCI seeks to appoint 24 persons as Competition Resource Persons (CRP) to raise awareness and impart training in competition law. The CCI shall select individuals and non-government (...)

The EU Commission publishes the initial findings of its e-commerce sector inquiry
White & Case (Brussels)
Belgium 19 contributions 5737 visits
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Hogan Lovells (Brussels)
Belgium 14 contributions 6018 visits
European Commission’s e-commerce sector inquiry - increasing anti-trust heat* Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. On 15 September 2016, the European Commission published a detailed 290 page (...)

The EU Commission publishes initial findings of e-commerce sector inquiry report
Bydgoszcz University of Technology and Life Sciences (UOKIK)
Poland 2 contributions 4130 visits
On 15 September 2016, the European Commission published a preliminary report on its initial findings in the e-commerce sector inquiry, aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. This development follows the Commission’s report (...)

The EU Commission publishes a preliminary report in its e-commerce sector inquiry as a response to the rapid growth in online sales activity
Herbert Smith Freehills (Brussels)
Belgium 75 contributions 49094 visits
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Herbert Smith Freehills (London)
Royaume-Uni 10 contributions 945 visites
Yesterday the Commission published the much anticipated preliminary report in its ecommerce sector inquiry. The report was initiated in response to rapid growth in online sales activity over recent years and signals renewed commitment on the part of the EU in enforcing the competition rules in (...)

The EU Commission publishes its preliminary report on its e-commerce inquiry and opens a two months public consultation
Baker Botts (Brussels)
Belgium 18 contributions 12665 visits
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Baker Botts (Washington)
United States 5 contributions 2870 visits
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Baker Botts (Brussels)
Belgium 4 contributions 484 visits
Last week the European Commission (“Commission”) published its eagerly awaited preliminary report on the e-commerce sector inquiry (the “Report”) and opened a two-month public consultation on the Report. In this alert, we explain the background to the Report, the Commission’s main findings, and (...)

The EU Commission publishes a preliminary report on its e-commerce sector inquiry
Hausfeld (New York)
United States 10 contributions 1434 visits
On September 15, 2016, the European Commission (“Commission”) published a Preliminary Report on its E-Commerce Sector Inquiry (“Preliminary Report”), presenting the outcome of over 1.800 responses received from manufacturers, retailers, e-commerce marketplaces, price comparison tools, payment (...)

Anticompetitive practices

 The French Competition Authority fines several modelling agencies for cartel (L’Agence)
French Competition Authority (Paris)
France 616 contributions 250177 visits
The Autorité fines for anticompetitive agreement the modelling sector’s main professional union and 37 modelling agencies* In brief The Autorité de la concurrence today issues a decision under which it fines the main professional union of modelling agencies, the SYNAM, for having, between (...)

The US Court of Appeals for the Third Circuit offers misguided analysis of product hopping (Mayne / Warner Chilcott / Mylan)
Rutgers University (Camden)
United States 22 contributions 17027 visits
On September 28, 2016, the U.S. Court of Appeals for the Third Circuit issued a misguided ruling granting defendants’ motion for summary judgment and ignoring the regulatory framework relevant to “product hopping,” by which a drug company switches from one version of a drug to another, sometimes (...)

The EU Commission sends a statement of objections to an international sports association because of the possible incompatibility of its governance rules with competition law (International Skating Union)
Latham & Watkins (Brussels)
Belgium 11 contributions 3518 visits
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Liege Competition and Innovation Institute
Belgium 1 contribution 308 visits
International sport governing bodies and competition law - up to a ‘ban of banning’ for participation in unauthorised events organized by rival governing bodies. European Commission ready to set an example with the International Skaters Union? After opening a formal investigation into the (...)

The EU Commission challenges the governance rules of an international sports association as being incompatible with competition law (International Skating Union)
Garrido Abogados (Madrid)
Espagne 3 contributions 1671 visites
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Gibson Dunn (Brussels)
Belgium 10 contributions 8324 visits
Skating on thin ice: The European Commission challenges the governance rules of an international sports association as being incompatible with European antitrust rules* The recent announcement by the European Commission (“the Commission”) that it is actively looking into the compatibility of (...)

The Dutch Competition Authority launches a market inquiry into online platforms
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 135 contributions 18376 visits
Taking a closer look at online video platforms* The Netherlands Authority for Consumers and Markets (ACM) has launched a market study into online platforms that offer videos and movies. Think of YouTube and Facebook, but also Dutch platforms such as NL-ziet and Dumpert. "We will be taking a (...)

The Indian Competition Authority dismisses allegations of bid rigging against PVC vinyl flooring manufacturers (Responsive Industries / RMG Polyvinyl India / Premier Polyfilms)
Vaish Associates Advocates (New Delhi)
Inde 256 contributions 31842 visites
Competition Commission of India (CCI) dismisses allegations of bid-rigging against in supply of PVC Vinyl flooring to railways* CCI by its order dated September 21, 2016 has dismissed allegation against manufacturers of PVC Vinyl flooring in relation to supply of “PVC Flooring (Vinyl) width (...)

The US Court of Appeal for the Second Circuit reverses a price-fixing cartel verdict against Chinese defendants on international comity grounds (Vitamin C)
Cleary Gottlieb Steen & Hamilton (Rome)
Italie 9 contributions 2920 visites
Second Circuit reverses a price-fixing cartel verdict against Chinese defendants on international comity grounds* On 20 September 2016, the United States Court of Appeals for the Second Circuit (the “Appeals court”) in New York reversed a federal district court judgment in an antitrust lawsuit (...)

The US Court of Appeals for the Second Circuit vacates a $147 million antitrust judgement on international comity grounds against a vitamin-C manufacturer who was legally required to set prices and reduce quantities abroad (Vitamin C)
Freshfields Bruckhaus Deringer (Hong Kong)
China 17 contributions 17065 visits
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Freshfields Bruckhaus Deringer (Washington)
United States 3 contributions 96 visits
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Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 12 contributions 3229 visits
On September 20, in a landmark decision, the US Court of Appeals for the Second Circuit reversed a district court’s decision in In re: Vitamin C Antitrust Litigation on international comity grounds. In vacating a $147m antitrust judgment against Chinese vitamin C manufacturers, the Second (...)

The US Court of Appeals for the Second Circuit vacates and reverses an antitrust verdict in a historic first case for a Chinese government agency to appear as amicus in US court and inform the court of applicable Chinese law (Vitamin C)
Baker McKenzie (Brussels)
Belgium 5 contributions 4043 visits
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Baker McKenzie (New York)
United States 1 contribution 116 visits
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Baker McKenzie (Washington D.C.)
United States 1 contribution 116 visits
The United States Court of Appeals for the Second Circuit (the Second Circuit) in New York has vacated and reversed a USD 147 million antitrust verdict against a Chinese vitamin C manufacturer and its holding company, ruling that the district court should have granted Defendants’ original motion (...)

The French Competition Authority carries out unannounced inspections on the market of manufacturing and distribution of sandwiches intended to food supermarkets
French Competition Authority (Paris)
France 616 contributions 250177 visits
The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on September 15 in the sector of manufacturing and distribution of sandwiches intended to food supermarkets.* On September 15th, following authorisation from the liberty and custody (...)

The EU General Court confirms the EU Commission’s decision concerning its first pharma pay-for-delay case (Lundbeck)
DG COMP (Brussels)
Belgium 781 contributions 1693965 visits
Antitrust: Commission welcomes General Court judgments upholding its Lundbeck decision in first pharma pay-for-delay case Today the General Court upheld the Commission’s Lundbeck decision and ruled for the first time that pharma pay-for-delay agreements breach EU antitrust rules. In such (...)

The EU General Court hands down a judgment concerning an appeal brought by an undertaking and a number of generic companies against an EU Commission decision which found that the parties had breached Article 101 TFEU by agreeing to delay the market entry of a generic drug (Lundbeck)
Herbert Smith Freehills (London)
United Kingdom 3 contributions 1012 visits
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Herbert Smith Freehills (Brussels)
Belgium 75 contributions 49094 visits
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Herbert Smith Freehills (London)
United Kingdom 11 contributions 1778 visits
…
On 8 September 2016 the General Court (GC) handed down its judgments in relation to the appeals brought by Lundbeck and a number of generic companies (Sun Pharma (Ranbaxy), Arrow, Generics UK, Merck and Xellia/Alpharma) against a European Commission (Commission) decision finding that the (...)

The EU General Court relies on secretly-recorded telephone conversations obtained in the context of unannounced inspections (North Sea Shrimps)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 79248 visits
Under Article 2 of Regulation 1/2003, the Commission has the burden of proving an infringement of Article 101 TFEU. In the present case, as evidence of the cartel infringement, the Commission relied on secretly-recorded telephone conversations, and the transcripts or notes made thereof, which (...)

The EU General Court confirms the Commission’s decision concerning its first pharma pay-for-delay case (Lundbeck)
University of East Anglia (Norwich)
United Kingdom 3 contributions 1867 visits
General Court’s pay for delay judgment in Lundbeck – some guidance, but worries remain*On 8 September, the General Court handed down its eagerly awaited decision in Lundbeck – the first ever European judgment concerning so-called pay for delay settlements. The Commission’s decision in this case was (...)

The Latvian Competition Council fines medical equipment traders for bid rigging (Optika&Dentika / KJ Serviss)
Konkurences padome (Riga)
Latvia 92 contributions 15311 visits
The CC fines Medical Equipment Traders for collusive Behaviour in Public Procurements* On 8 September, the Competition Council (the CC) fined two medical equipment traders SIA OPTIKA&DENTIKA and SIA KJ SERVISS for participating in a cartel agreement in four public procurements. Due to the (...)

The Romanian Competition Council carries out unannounced inspections on the market of movies distribution to cinemas
Romanian Competition Council (Bucharest)
Romania 62 contributions 12492 visits
The Competition Council had carried out inspections within the investigation on movies distribution to cinemas* The Competition Council had carries out an unannounced inspection at Imedia Plus Group SA, company that operates www.cinemagia.ro. The inspection has been carried out within the (...)

The EU General Court rules on the legitimacy of settlement agreements in the pharmaceutical sector (Lundbeck)
Peters & Peters (London)
United Kingdom 1 contribution 341 visits
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Peters & Peters (London)
United Kingdom 1 contribution 341 visits
Lundbeck - Buying off the competition* On 8 September 2016, the ECJ handed down its judgment in the latest battle between pharmaceutical companies and competition authorities over “pay for delay” agreements. The appeal of H Lundbeck A/S and Lundbeck Ltd (together “Lundbeck”) against the decision (...)

The EU General Court confirms fines imposed on an undertaking and generic drug manufacturers for entering into anticompetitive pay-for-delay agreements (Lundbeck)
United Kingdom’s Competition Authority - CMA (London)
Royaume-Uni 16 contributions 4408 visites
GENERAL COURT OF THE EU CONFIRMS FINES IMPOSED ON LUNDBECK AND GENERIC DRUG MANUFACTURERS FOR ENTERING INTO PATENT SETTLEMENTS* On 8 September 2016, the General Court of the EU (GCEU) handed down five judgments upholding a decision by the Commission of 19 June 2013 imposing fines on Lundbeck, (...)

The EU General Court upholds the EU Commission’s landmark patent settlement agreement decision (Lundbeck)
Sidley Austin (London)
United Kingdom 5 contributions 3959 visits
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Willkie Farr & Gallagher (London)
United Kingdom 1 contribution 348 visits
EU General Court upholds Commission’s landmark Patent Settlement Agreement decision* In a much-anticipated series of judgments, running to some 579 pages, the EU’s General Court on 8 September 2016 upheld a 2013 decision of the European Commission that imposed fines of almost €150 million on the (...)

The EU General Court upholds the EU Commission’s fine of €150 million on undertakings for entering into reverse settlement agreements which delayed the entry of cheaper generic versions of a blockbuster antidepressant (Lundbeck)
Norton Rose Fulbright (Brussels)
Belgium 18 contributions 4349 visits
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McDermott Will & Emery (Paris)
France 109 contributions 50174 visits
EU COURT CONFIRMS EUROPEAN COMMISSION’S DECISION ON PAY-FOR-DELAY AGREEMENTS* On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of generic (...)

The Croatian Competition Authority accepts remedies proposed by a distributor of motor vehicle parts and accessories suspected to have concluded anticompetitive vertical agreements (Drezga)
Croatian Competition Agency (Zagreb)
Croatia 68 contributions 11220 visits
CCA accepted committments by Drezga d.o.o.* The Croatian Competition Agency (CCA) opened the ex-officio infringement proceeding against the undertaking Drezga d.o.o., an authorised distributor for Husqvarna Group products, based on the fact that the contracts this undertaking concluded with (...)

The Romanian Competition Authority fines seven companies in the maritime pilotage and towage services market for prohibited agreements and abuse of dominance by incumbent national company (Canal Sea Services / CNAPM)
European Commission (Brussels)
Belgium 713 contributions 202381 visits
Competition Council applies fines on seven companies active in the Romanian maritime harbours* The Competition Council finalised the investigation on the markets for pilotage and towage services and found an infringement of Article 101 TFEU and Article 5(1) of the Competition Law by Canal Sea (...)

The Australian government proposes a competition law amendment enabling notification for resale price maintenance
Jones Day (Sydney)
Australia 5 contributions 12520 visits
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Jones Day (Sydney)
Australia 7 contributions 1329 visits
Australia experiments with a "third way" on resale price restrictions* Resale price maintenance (RPM) occurs when a manufacture or distributor and a wholesaler prevents a retail or distributor from selling below a specified price Since the US Federal Courts decided Leegin in 2007 there has (...)

The Australian government publishes exposure draft with key changes to unilateral conduct and concerted conduct
University of New South Wales (Sydney)
Australia 1 contribution 119 visits
Competition law reform in Australia* Professor Ian Harper chaired a “root and branch” inquiry into competition law and policy in Australia in 2015. The Harper Review made a number of recommendations and the government welcomed most of these. In August 2016, Treasury issued an exposure draft of (...)

The Polish Competition Authority fines infertility treatment providers for price fixing (Polish Centres of Infertility Treatment and Reproduction Development)
WKB Wierciński Kwieciński Baehr (Warsaw)
Pologne 6 contributions 2361 visites
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WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 19 contributions 5974 visits
In its decision dated 1 September 2016, the President of the Office of Competition and Consumer Protection (hereinafter the “OCCP President”) fined the Association of Polish Centres of Infertility Treatment and Reproduction Development (hereinafter the “Association”) for fixing prices of offers for (...)

The Polish Competition Authority fines a professional association for anticompetitive conduct aimed at the governmental treatment of infertility programme (Association of Medical Centers)
Hansberry Tomkiel (Warsaw)
Poland 6 contributions 932 visits
I. Introductory remarks In its decision no RŁO 4/2016 of 1st September 2016 (the “Decision”), the Polish Office for Competition and Consumer Protection (the “Competition Authority”) sanctioned the Association of Polish Centers of Infertility Treatment and Reproduction Development (the (...)

Unilateral Practices

 The Latvian Competition Authority fines two plasterboard suppliers for abuse of dominance (Knauf / Norgips)
Konkurences padome (Riga)
Latvia 92 contributions 15311 visits
The CC fines with EUR 1.6 million two Plasterboard Suppliers of Knauf Group* On 30 September, the Competition Council of Latvia (the CC) fined SIA Knauf and Norgips sp. z o. o. (Poland), a parent company of SIA Norgips that is also a part of a Knauf Group, for abusing their market power by (...)

The Italian Competition Authority fines €5 million a company for excessive pricing abuses in the pharmaceuticals sector (Aspen)
Portolano Cavallo (Milan)
Italy 34 contributions 2306 visits
On 29 September 2016, the Italian Competition Authority (the AGCM or ICA) fined the Aspen Group (Aspen) €5m for a violation of article 102(a) of the Treaty on the Functioning of the European Union. The ICA upheld in particular that the manner and level at which Aspen renegotiated prices for a (...)

The Indian Competition Appellate Tribunal sends a case back to the Indian Competition Authority for reconsideration of investigation’s findings (Jaypee Greens)
Vaish Associates Advocates (New Delhi)
Inde 256 contributions 31842 visites
Competition Appellate Tribunal (COMPAT) set-aside CCI decision exonerating Jaypee Group for abuse of dominance and remands the matter back for re-consideration* COMPAT by its order dated September 28, 2016 has set-aside the order of CCI in which the CCI exonerated Jaypee Group from allegations (...)

The US Court of Appeals for the Third Circuit recognizes that a product hopping in the face of a “patent cliff” can constitute conduct in violation of the antitrust laws (Mayne / Warner Chilcott / Mylan)
Hausfeld (Philadelphia)
United States 2 contributions 75 visits
The Third Circuit’s recent product-hopping decision in Mylan Pharm. Inc. v. Warner Chilcott Pub. Ltd. Co (“Doryx”) has been widely criticized by commentators as breaking with established antitrust precedent. Mylan, the last remaining plaintiff in the case following a series of settlements at the (...)

The EU Commission sends a statement of objections to an international sports association suspected to have breached EU antitrust rules (International Skating Union)
DG COMP (Brussels)
Belgium 781 contributions 1693965 visits
Antitrust: Commission sends Statement of Objections to International Skating Union on its eligibility rules* The European Commission has informed the International Skating Union (ISU) of its preliminary view that the ISU rules under which athletes face severe penalties for participation in (...)

The EU Commission extends settlement procedure to abuse of dominance cases (Altstoff Recycling Austria)
White & Case (Brussels)
Belgium 43 contributions 28252 visits
The European Commission extends settlement procedure to abuse of dominance cases under Article 102 TFEU - fine imposed on Altstoff Recycling Austria reduced by 30% in exchange for its co-operation with the Commission* On 20 September 2016, the European Commission (“Commission”) issued its first (...)

The EU Commission fines undertakings for abuse of dominance on the Austrian waste management market (Altstoff Recycling Austria)
Van Bael & Bellis (Brussels)
Belgium 189 contributions 57157 visits
On 20 September 2016, the European Commission announced that it had imposed a € 6 million fine on Altstoff Recycling Austria (“ARA”) for abusing its dominant position on the Austrian waste management market by blocking competitors from entering the Austrian market between 2008 and 2012. Austrian (...)

The EU General Court upholds the Commission’s decision making legally binding commitments remedying a finding of an abuse of dominance in the market for consolidated real-time data feeds (Morningstar / Thomson Reuters)
Van Bael & Bellis (Brussels)
Belgium 189 contributions 57157 visits
On 15 September 2016, the General Court upheld the Commission’s decision accepting commitments proposed by Thomson Reuters with a view to remedying a finding of an abuse of a dominant position in the market for consolidated real-time data feeds, in breach of Article 102 TFEU. The Commission had (...)

The Croatian Competition Authority accepts remedies proposed by a company suspected of abuse of dominance on the funeral services market (Flora)
Croatian Competition Agency (Zagreb)
Croatia 68 contributions 11220 visits
CCA accepts commitments by Flora VTC* The Croatian Competition Agency (CCA) accepted the commitments offered by Flora VTC in the course of the ex-officio proceeding that it opened against this undertaking in April 2016. The CCA established within the proceeding that on the basis of the Prices (...)

The Italian Competition Authority, in collaboration with 9 National Competition Authorities and the EU Commission, monitors the impact of the measures undertaken in online hotel booking sector
Italian Competition Authority (Rome)
Italy 44 contributions 8695 visits
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

Mergers

 The EU Commission opens an in-depth investigation concerning a merger on financial markets (Deutsche Börse / London Stock Exchange)
DG COMP (Brussels)
Belgium 781 contributions 1693965 visits
Mergers: Commission opens in-depth investigation into proposed Deutsche Börse/LSE merger* The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, whether the proposed merger between Deutsche Börse AG (DB) and London Stock Exchange Group (LSE) would (...)

The French Competition Authority clears a merger in the line products and travel services markets (Bazarchic / Galeries Lafayette)
French Competition Authority (Paris)
France 616 contributions 250177 visits
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF THE BAZARCHIC BY THE GALERIES LAFAYETTE GROUP* The Galeries Lafayette group notified the Autorité de la Concurrence on 27 September 2016 of its intention to acquire the Bazarchic Company. After considering the transaction’s effects on the (...)

The Turkish Competition Authority grants unconditional approval to a merger between a producer and a distributor of paper (International Paper Company / Weyerhaeuser)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 111 contributions 38010 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 11 contributions 2311 visits
This case note analyses the Turkish Competition Board’s (“ Board ”) International Paper Company / Weyerhaeuser decision of 23 September 2016 numbered 16-31/519-233 on the transaction concerning the acquisition of Weyerhaeuser Company’s paper pulp business unit (“ WHPP ”) through the transfer of (...)

The French Competition Authority clears a merger, subject to remedies, in the agriculture sector (Agri-Négoce / Axéréal Participations)
French Competition Authority (Paris)
France 616 contributions 250177 visits
The Autorité de la concurrence clears the acquisition of sole control of Agri-Négoce by Axéréal Participations, subject to commitments* On 21 April 2016, the company Axéréal Participations, subsidy of the farming cooperative Axéréal, notified the Autorité de la concurrence of the acquisition of sole (...)

The UK Competition Authority accepts remedies proposed by a supplier of fruit juice and clears the merger (Hain / Orchard)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 209 contributions 42811 visits
CMA accepts fruit juice merger remedies* The CMA has accepted Hain’s undertaking to sell its own-label fruit juice business to an approved buyer. Hain Frozen Foods UK Ltd (Hain) bought Orchard House Foods Ltd (Orchard) in December 2015. Both are major suppliers of own-label freshly squeezed (...)

The EU Commission opens an in-depth investigation regarding a merger in the market of railway equipment manufacturing (Wabtec / Faiveley)
DG COMP (Brussels)
Belgium 781 contributions 1693965 visits
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO WABTEC’S PROPOSED TAKEOVER OF RAILWAT EQUIPMENT MANUFACTURER FAIVELEY* The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of Faiveley Transport of France by Westinghouse Air Brake (...)

The UK Competition Authority accepts merger remedies proposed by a leading global interdealer broker (Tullett Prebon)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 209 contributions 42811 visits
CMA ACCEPTS BROKER MERGER UNDERTAKINGS* The CMA has accepted undertakings from Tullett Prebon and will not refer its merger with IGBB for an in-depth investigation. Tullett Prebon plc and ICAP plc are leading global interdealer brokers, companies that sit between investment banks helping to (...)

The Hellenic Competition Authority approves mergers in the chemical and plastic products market (Ravago / DELTA / Pentaplast)
Kyriakides Georgopoulos Law Firm (Athens)
60 contributions 638 visites
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Kyriakides Georgopoulos Law Firm (Athens)
28 contributions 290 visites
RAVAGO acquisitions of DELTA CHEMICALS and PENTAPLAST (HCC 629/2016 and 634/2016) RAVAGO is a Luxembourg-based company active in the market for the distribution of chemical and plastic products. Its Greek clientele is active in the car, electric devices, wire, cable, and packaging industries. (...)

The German Competition Authority clears a merger between two savings banks in Bavaria (Ingolstadt / Eichstätt)
German Competition Authority (Bonn)
Germany 328 contributions 68565 visits
Bundeskartellamt clears merger of savings banks in Bavaria* Today the Bundeskartellamt has cleared the merger between the savings banks Sparkasse Ingolstadt and Sparkasse Eichstätt. Andreas Mundt, President of the Bundeskartellamt: "Under the law of the federal state of Bavaria savings banks (...)

The French Competition Authority clears a merger subject to remedies in the airports market (Aéroports de Lyon / Vinci Airports)
French Competition Authority (Paris)
France 616 contributions 250177 visits
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF AÉROPORTS DE LYON BY VINCI AIRPORTS, SUBJECT TO COMMITMENTS* On 6 September 2016, Vinci Airports, a subsidiary of the Vinci group, notified the Autorité de la concurrence of its acquisition of sole control of Aéroports de Lyon, the company (...)

The EU Commission approves a joint venture between the third and fourth-largest telecom operators in Italy subject to structural remedies (Hutchison / VimpelCom)
Cleary Gottlieb Steen & Hamilton (Rome)
Italie 9 contributions 2920 visites
European Commission approves a joint venture between the third and fourth largest telecom operators in Italy subject to structural remedies* On 1 September 2016 the European Commission approved a proposed joint venture between Vimpelcom and CK Hutchison, respectively the owners of Wind and H3G (...)

The EU Commission conditionally approves a joint venture in retail mobile market (Hutchinson/ VimpelCom)
Van Bael & Bellis (Brussels)
Belgium 226 contributions 62560 visits
On 1 September 2016, the European Commission conditionally cleared the proposed creation of a telecommunications joint venture between Hutchison’s H3G and VimpelCom’s WIND, a combination of the third and fourth largest operators in the Italian retail mobile market. Before the deal, the Italian (...)

State Aid

 The EU Commission finds that a Lithuanian measure intended to transfer state-owned buildings to science and technology parks does not constitute State aid (Science and Technology Parks)
College of Europe (Bruges)
Belgium 279 contributions 41457 visits
State Aid for R&D: How Intermediaries Pass on Aid to Third Parties* Operators of research infrastructure do not benefit from State aid, if they fully pass on the aid to the users of the infrastructure. The amount of aid must be quantified. Introduction The beneficiaries of State aid to (...)

The EU Commission finds that a direct grant of regional investment aid given to a German textile company was made in accordance with the Regional Block Exemption Regulation (Getzner Textil Weberei GmbH)
College of Europe (Bruges)
Belgium 279 contributions 41457 visits
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 opens an in-depth investigation concerning undue tax benefits potentially granted by Luxembourg to an energy provider (Engie)
DG COMP (Brussels)
Belgium 781 contributions 1693965 visits
State aid: Commission opens in-depth investigation into Luxembourg’s tax treatment of GDF Suez (now Engie)* The European Commission has opened an in-depth investigation into Luxembourg’s tax treatment of the GDF Suez group (now Engie). The Commission has concerns that several tax rulings issued (...)

The EU General Court shows a reluctance to interfere with Commission powers in State aid cases (Ferraci / Montessori)
University of Sussex (Brighton)
Royaume-Uni 3 contributions 2166 visites
Article 263(4) TFEU: Third party challenges to State aid decisions* The recent Ferracci and Montessori judgments of the General Court show that even when aggrieved third parties are able to satisfy the strict standing provisions to challenge European Commission decisions, the European Courts (...)

The EU General Court finds that the asset transfer between two companies constituted a State aid and is compatible with the internal market on certain condition (FIH)
College of Europe (Bruges)
Belgium 279 contributions 41457 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court hands down a controversial judgment expanding market economy investor principle in a financial crisis case (FIH)
University of Bergen
Norway 1 contribution 237 visits
A controversial expansion of the MEIP in a financial crisis case - the GC judgment in Case T-386/14 FIH of 15 September 2016 (under appeal)* Introductory remarks Following such landmark cases as Ryanair, EDF and ING, one may observe a truly impressive expansion and development of the MEIP (...)

The EU Commission issues several State aid decisions finding no evidence of impact on cross-border trade
College of Europe (Bruges)
Belgique 279 contributions 41444 visites
No affectation of trade* Introduction In April 2015, the Commission surprised us with seven decisions that concluded that planned State aid was not likely to have any effect on trade between Member States. Those decisions were reviewed here on 15 June 2015. [1] The Commission gave prominence (...)

Procedures

 The EU Court of Justice accepts use of "sure refund" good conduct guarantees in public procurement litigation (Star Storage)
University of Bristol - Law School
United Kingdom 90 contributions 22448 visits
ECJ deviates from AG Sharpston’s opinion and accepts use of "sure refund" good conduct guarantees in public procurement litigation (C-439/14 and C-488/14)* In its Judgment of 15 September 2016 in Star Storage, joined cases C-439/14 and C-488/14, EU:C:2016:688, the European Court of Justice (...)

The EU General Court confirms that the EU Commission may rely on recordings seized unlawfully by a third party in a dawn raid (Heiploeg)
Norton Rose Fulbright (Brussels)
Belgium 36 contributions 4850 visits
GENERAL COURT CONFIRMS THAT THE COMMISSION MAY RELY ON LAWFULLY SEIZED RECORDINGS EVEN IF MADE UNLAWFULLY BY A THIRD PARTY* On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the (...)

Regulatory

 The EU Court of Justice confirms that procurement rules do not apply to licences or authorisations for betting and gambling services (Politanò)
University of Bristol - Law School
United Kingdom 90 contributions 22448 visits
ECJ confirms that procurement rules do not apply to licences or authorisations ("concessions") for betting and gambling services (C-225/15)* In its Judgment of 8 September 2016 in Politanò, C-225/15, EU:C:2016:645, the European Court of Justice (ECJ) followed the Opinion of Advocate General (...)

The UK Competition Authority issues its final report on private healthcare
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 209 contributions 42802 visits
CMA publishes final report on private healthcare remittal* The CMA has decided, following new evidence, that extra remedies in London’s private healthcare market would not be proportionate. The Competition Commission, a predecessor body of the Competition and Markets Authority (CMA), started a (...)

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