September 2016

Anticompetitive practices

 The French Competition Authority fines several modelling agencies for cartel (L’Agence)
French Competition Authority (Paris)
France 482 contributions 119939 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 (New Jersey)
United States 18 contributions 10295 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 challenges the governance rules of an international sport association as being incompatible with competition law (International Skating Union)
Garrido Abogados (Madrid)
Belgium 4 contributions 1648 visits
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Gibson Dunn (Brussels)
Belgium 10 contributions 6295 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 EU Commission 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)
Liège University - IEJE
Belgium 7 contributions 1868 visits
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Liege Competition and Innovation Institute
Belgium 1 contribution 225 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 Indian Competition Authority dismisses allegations of bid rigging against PVC vinyl flooring manufacturers (Responsive Industries / RMG Polyvinyl India / Premier Polyfilms)
Vaish Associates (New Delhi)
India 243 contributions 17484 visits
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 Dutch Competition Authority launches a market inquiry into online platforms
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 85 contributions 7462 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 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)
Italy 9 contributions 2273 visits
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 United States Court of Appeals for the Second Circuit vacates and reverses an antitrust verdict (Chinese vitamin C)
Baker McKenzie (Brussels)
Belgium 5 contributions 2987 visits
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Baker McKenzie (New York)
United States 1 contribution 47 visits
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Baker McKenzie (Washington D.C.)
United States 1 contribution 47 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 EU Commission publishes the initial findings of its e-commerce sector inquiry
Latham & Watkins (Brussels)
Belgium 14 contributions 3669 visits
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Hogan Lovells (Brussels)
Belgium 5 contributions 3147 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 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 482 contributions 119939 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 Commission publishes initial findings of e-commerce sector inquiry report
Bydgoszcz University of Technology and Life Sciences (UOKIK)
Poland 2 contributions 3917 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 General Court confirms the decision of the EU Commission concerning its first pharma pay-for-delay case (Lundbeck)
DG COMP (Brussels)
Belgium 412 contributions 985179 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 upholds the Commission’s landmark patent settlement agreement decision (Lundbeck)
Sidley Austin (London)
United Kingdom 5 contributions 3347 visits
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Sidley Austin (London)
United Kingdom 1 contribution 226 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 rules on the legitimacy of settlement agreements in the pharmaceutical sector (Lundbeck)
Peters & Peters (London)
United Kingdom 1 contribution 237 visits
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Peters & Peters (London)
United Kingdom 1 contribution 237 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 the decision of the Commission concerning its first pharma pay-for-delay case (Lundbeck)
University of East Anglia
United Kingdom 3 contributions 1570 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 77 contributions 9157 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 40 contributions 7066 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 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 48 contributions 6651 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 730 contributions 172237 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 12229 visits
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Jones Day (Sydney)
Australia 3 contributions 944 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 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 4 contributions 634 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 (...)

The Polish Competition Authority fines infertility treatment providers for price fixing (Polish Centres of Infertility Treatment and Reproduction Development)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 6 contributions 1857 visits
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WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 18 contributions 4876 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 (...)

Unilateral Practices

 The Latvian Competition Authority fines two plasterboard suppliers for abuse of dominance (Knauf / Norgips)
Konkurences padome (Riga)
Latvia 77 contributions 9157 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 a generic manufacturer of drugs for excessive pricing (Aspen)
Desogus Law Office (Cagliari)
Italy 127 contributions 107637 visits
By the decision made on 29 September 2016 in Aspen , the Italian Competition Authority (ICA) has imposed a fine of more than EUR 5 million on the Aspen group (Aspen), a South African manufacturer of generic drugs. Aspen was found to have infringed Article 102 TFEU by imposing excessive prices (...)

The Indian Competition Appellate Tribunal (COMPAT) sends case back to the Indian Competition Authority for reconsideration of investigation’s findings (Jaypee Greens)
Vaish Associates (New Delhi)
India 243 contributions 17484 visits
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 EU Commission sends a statement of objections to an international sport association suspected to have breached EU antitrust rules (International Skating Union)
DG COMP (Brussels)
Belgium 412 contributions 985179 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 36 contributions 20813 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 178 contributions 39311 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 178 contributions 39311 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 48 contributions 6651 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 partnership with the EU Commission and nine other NCAs, monitors the impact of the measures undertaken in online hotel booking sector
Italian Competition Authority (Rome)
Italy 13 contributions 2493 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 / LSE)
DG COMP (Brussels)
Belgium 412 contributions 985179 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 Turkish Competition Board 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 51 contributions 15360 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 11 contributions 1229 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 482 contributions 119939 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)
British Competition Authority - CMA (London)
United Kingdom 77 contributions 12464 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 UK Competition Authority accepts merger remedies proposed by a leading global interdealer broker (Tullett Prebon)
British Competition Authority - CMA (London)
United Kingdom 77 contributions 12464 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 UK Competition Authority accepts merger remedies proposed by a company specialized in records management services (Iron Mountain)
British Competition Authority - CMA (London)
United Kingdom 77 contributions 12464 visits
CMA accepts records management merger undertakings* The CMA has accepted undertakings from Iron Mountain Inc to sell C21 Data Services in Aberdeen and Dundee to an approved buyer. Iron Mountain and Recall both provide records management services, which comprise the storage and retrieval of (...)

The German Competition Authority clears a merger between two savings banks in Bavaria (Ingolstadt / Eichstätt)
German Competition Authority (Bonn)
Germany 255 contributions 38727 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 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)
Italy 9 contributions 2273 visits
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 199 contributions 46165 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 251 contributions 25538 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 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 251 contributions 25538 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 412 contributions 985179 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)
United Kingdom 3 contributions 1991 visits
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 considers the distinction between private investors and private creditors in State aid (FIH Holding)
College of Europe (Bruges)
Belgium 251 contributions 25538 visits
Private investor v Private creditor* Introduction On 15 September 2016, the General Court rendered its judgment in case T‑386/14, FIH Holding v Commission. FIH appealed against Commission decision 2014/884. In that decision the Commission had found that the asset transfer from FIH Group to the (...)

The EU General Court hands down a controversial judgment expanding market economy investor principle in a financial crisis case (FIH Holding)
University of Bergen
Norway 1 contribution 186 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)
Belgium 251 contributions 25538 visits
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 General Court relies on secretly-recorded telephone conversations obtained in the context of unannounced inspections (North Sea Shrimps)
Van Bael & Bellis (Brussels)
Belgium 343 contributions 55215 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 (...)

Regulatory

 The UK Competition Authority issues its final report on private healthcare
British Competition Authority - CMA (London)
United Kingdom 77 contributions 12464 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 (...)

Public sector

 The Indian Competition Authority announces plans to recruit 24 Competition Resource Persons to promote competition awareness and advocacy
Vaish Associates (New Delhi)
India 243 contributions 17484 visits
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 Court of Justice accepts use of "sure refund" good conduct guarantees in public procurement litigation (Star Storage)
University of Bristol - Law School
United Kingdom 87 contributions 14051 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 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 87 contributions 14051 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 (...)

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