September 2021

General antitrust

 The US DoJ quietly walks back prior administrative-era support of standard essential patent holders over standard-setting organizations and patent licensees
White & Case (Washington)
United States 12 contributions 3802 visits
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White & Case (New York)
United States 4 contributions 1247 visits
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White & Case (Washington)
United States 3 contributions 602 visits
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The Department of Justice’s Antitrust Division has taken a first step in changing its view of IP rights, particularly where Standard Essential Patents ("SEPs") are at issue. Under the Trump Administration, the Division’s policy swung in favor of SEP innovators over standard-setting organizations (...)

The EU Commission launches a public consultation on the reform of pharmaceutical legislation
Van Bael & Bellis (Brussels)
France 37 contributions 20657 visits
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Van Bael & Bellis (Brussels)
United Kingdom 144 contributions 50274 visits
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Van Bael & Bellis (Brussels)
Belgium 46 contributions 23600 visits
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On 28 September 2021, the European Commission (the Commission) launched a public consultation that probes for stakeholders’ views on the reform of the pharmaceutical regulatory framework. The consultation will run until 21 December 2021 and marks a new milestone in a long-running debate (...)

The Saudi Arabian Competition Authority signs a memorandum of understanding with the Expenditure Efficiency and Governmental Projects Authority to enhance, protect and encourage competition, and combat monopolistic practices in public procurement
Saudi Arabian Competition Authority (Riyadh)
Saudi Arabia 15 contributions 1089 visits
The General Authority for Competition signs a memorandum of cooperation with the Expenditure Efficiency and Governmental Projects Authority* In the context of seeking to enhance, protect and encourage competition in government competitions and combat monopolistic practices affecting them, and (...)

The Hungarian Competition Authority publishes a report summarizing the results of its inquiry on the brick market
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18137 visits
The sector inquiry on the brick market of the Hungarian Competition Authority has been concluded* The Hungarian Competition Authority (GVH) launched an accelerated sector inquiry at the end of July in order to reveal the processes of the domestic market of ceramic masonry elements. Following (...)

The UK Competition Authority publishes a new Green Claims Code and announces that it will start carrying out a full review of misleading sustainability and environmental claims
White & Case (London)
United Kingdom 25 contributions 12702 visits
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White & Case (Brussels)
Belgique 21 contributions 24007 visites
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White & Case (Brussels)
Belgique 33 contributions 12233 visites
UK clampdown on greenwashing As the importance of sustainability and eco-friendliness grows among consumers worldwide, the UK Competition and Markets Authority (CMA) has concerns that an increasing number of businesses misleadingly market their products and services as environmentally (...)

The US FTC withdraws its new vertical merger guidelines after just a year
Jones Day (Washington)
United States 17 contributions 7715 visits
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Jones Day (Washington)
United States 6 contributions 1043 visits
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Jones Day (Washington)
United States 3 contributions 410 visits
In September 2021, the five-member Federal Trade Commission voted 3-2 along party lines to withdraw its support for the Vertical Merger Guidelines (“Guidelines”) and related FTC commentary on vertical merger enforcement. At the same time—indeed, only hours later on the same day—the acting head of (...)

The EU Commission sheds light on the relationship between competition policy and the Green Deal objectives
Herbert Smith Freehills (Brussels)
Belgium 108 contributions 68741 visits
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Herbert Smith Freehills (Brussels)
Belgium 8 contributions 2194 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 20 contributions 5447 visits
On 10 September 2021, the European Commission (“Commission”) published a competition policy brief in which it provides more detail on its policy approach in its upcoming sustainability guidance. Following a call for contributions last year and a conference bringing together relevant stakeholders (...)

The Austrian Government amends the Cartel and Competition Act introducing new rules on merger control and digital platforms
Freshfields Bruckhaus Deringer (Vienna)
Austria 2 contributions 496 visits
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Freshfields Bruckhaus Deringer (Vienna)
Austria 3 contributions 585 visits
Earlier this month, an extensive amendment of the Austrian Cartel Act came into force. The changes relate to merger control (thresholds and substantive review), digital platforms and the role of sustainability in competition law. In this blog post, we focus on the changes to the merger control (...)

The EU Commission publishes a competition policy brief on how competition rules can complement environmental and climate policies more effectively
Ashurst (Brussels)
Belgium 7 contributions 1201 visits
On 10 September 2021, the European Commission published a Competition Policy Brief ("Policy Brief") on how EU competition rules can complement environmental and climate policies more effectively. The Policy Brief recognises that further guidance is needed on the application of competition law (...)

The Polish Competition Authority orders another audit of prices in the agricultural sector with a special focus on apples, blueberries, potatoes and cabbage
Polish Competition Authority (Warsaw)
Poland 107 contributions 19777 visits
Who makes money on fruit and vegetable sales and how much?* UOKiK President has ordered yet another audit of fruit and vegetable prices. Trade Inspection (TI) personnel will check the prices of apples, blueberries, potatoes and cabbage at different levels of the trading chain. This will make (...)

The Polish Competition Authority launches inspections at apple purchasing centres to ensure that the prices of apples paid to fruit growers are set according to the law
Polish Competition Authority (Warsaw)
Poland 107 contributions 19777 visits
Activities of UOKiK and the Trade Inspection in apple purchasing centres* The agricultural and food market is closely monitored by the President of the Office of Competition and Consumer Protection (UOKiK). The latest activities concern inspections at apple purchasing centres. The Trade (...)

The German Competition Authority publishes the final report on its sector inquiry into hospitals
German Competition Authority (Bonn)
Allemagne 432 contributions 110051 visites
Final report on the sector inquiry into hospitals: Merger control guarantees competition and quality* Today the Bundeskartellamt has published the final report on its sector inquiry into German hospitals. The outcome of the inquiry confirms the important role played by competition in ensuring (...)

Anticompetitive practices

 The Turkish Competition Authority issues a settlement decision following investigations on a home appliances manufacturer for resale price maintenance (Arnica Pazarlama)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 74833 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 3 contributions 320 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 4 contributions 548 visits
Background On September 29, 2020, a complaint was brought to the Turkish Competition Authority’s (“Authority”) attention, where it was alleged that Arnica Pazarlama A.Ş.’s (“Arnica”) sales representative had called the complainant (who was one of Arnica`s authorized sellers, engaged in the sale of (...)

The Spanish Competition Authority initiates proceedings against multiple global film distribution companies for exchange of sensitive information (Paramount / Sony Pictures / Columbia Pictures / Walt Disney)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45124 visits
This investigation was conducted against the Spanish subsidiaries of 20th Century Fox, Paramount, Rentrak, Sony, Disney, Universal, Warner Brothers and Ymagis, S.A., in connection with uniform conditions applied in the digitization of movie distribution as well as sharing of commercially (...)

The EU General Court dismisses five separate appeals in an electrolytic capacitors cartel case, including on increased fines for repeat offenses and partial immunity from fines (NEC / Nichicon / Tokin / Rubycon / Nippon Chemi-Con)
Van Bael & Bellis (Brussels)
Belgium 27 contributions 4910 visits
On 29 September 2021, the European General Court (“EGC”) dismissed in five separate judgments appeals lodged by Japanese producers, namely NEC Corporation, Nichicon Corporation, Tokin Corporation, Rubycon and Nippon Chemi-Con Corporation, against a decision adopted by the European Commission (...)

The EU General Court maintains the fines imposed by the Commission on several undertakings for their participation in a cartel on the market for aluminum and tantalum electrolytic capacitors (NEC / Nichicon / Tokin / Rubycon / Nippon Chemi-Con)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 28890 visits
The General Court maintains the fines imposed by the Commission on several undertakings by reason of their participation in a cartel on the market for aluminium electrolytic capacitors and tantalum electrolytic capacitors * By decision of 21 March 2018 [1], the Commission imposed a total fine (...)

The Dutch Competition Authority imposes a fine totaling €39 million on a television manufacturer for influencing the online prices of television sets (Samsung)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33237 visits
ACM fines Samsung over 39 million euros for influencing the online prices of television sets* The Netherlands Authority for Consumers and Markets (ACM) imposes a fine of over 39 million euros on Samsung Electronics Benelux B.V. (Samsung). From January 2013 through December 2018, Samsung (...)

The New Zealand High Court imposes a $150K penalty over cartel conduct for taxi pick-up trips from Wellington Airport (Hutt / City Taxis)
New Zealand Commerce Commission (Wellington)
New Zealand 148 contributions 21482 visits
Penalty imposed for taxi cartel conduct* The High Court has ordered Hutt and City Taxis Limited (Hutt & City) to pay a penalty of $150,000 in relation to fixing the prices of taxi fares. Statement of Preliminary Issues released on EROAD/Coretex clearance application The Commission filed (...)

The US FTC reaches proposed settlement with a State dental licensing agency regarding charges that it unreasonably excluded lower-cost online and teledentistry providers (Alabama Board of Dental Examiners)
US Federal Trade Commission (FTC) (Washington)
United States 154 contributions 37839 visits
Alabama Board of Dental Examiners Agrees to Settle FTC Charges that It Unreasonably Excluded Lower Cost Online and Teledentistry Providers from Competition* To settle FTC charges that its actions violated the antitrust laws, the Board of Dental Examiners of Alabama has agreed to stop requiring (...)

The Finnish Competition Authority proposes that the Market Court impose penalty payments totaling close to €1.9 million on six companies operating in Turku subregion public transport services for submitting joint tenders that severely restricted competition (Jalon Liikenne / Lehtisen Linja / Linjaliikenne Muurinen / Linjaliikenne Nyholm)
Finnish Competition and Consumer Authority (Helsinki)
Finland 72 contributions 12198 visits
The FCCA proposes that nearly EUR 1,9 million in penalty payments be imposed on six companies operating in Turku subregion public transport services and their joint venture for severe restrictions on competition* Based on investigations of the Finnish Competition and Consumer Authority (...)

The Chinese State Administration for Market Regulation fines a national power connection supplier for resale price maintenance (Bull)
Hogan Lovells Fidelity (Shanghai)
8 contributions 1868 visits
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Hogan Lovells (Beijing)
Chine 80 contributions 18798 visites
On 27 September 2021, just a few days before the week-long National Day break, the State Administration for Market Regulation (SAMR) issued its decision against Bull, a supplier of power connection and extension products from Ningbo in East China. In its decision, SAMR fined Bull for resale (...)

The Chinese State Administration for Market Regulation imposes a fine totalling USD 45.62 million on its national power connection supplier for resale price maintenance (Bull)
Baker McKenzie (Hong Kong)
Hong Kong 11 contributions 16901 visits
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FenXun Partners (Beijing)
China 3 contributions 543 visits
The China’s State Administration for Market Regulation ("SAMR")’s local branch in Zhejiang Province on 27 September 2021 announced a fine of USD 45.62 million on Bull Group for resale price maintenance ("RPM"). The SAMR has historically taken a tough stance on RPM and its recent imposition of (...)

The Hong Kong Competition Authority investigates whether the national volleyball association’s decision to exclude 5 volleyball teams from the status of "full membership" may raise competitive concerns (Volleyball Association of Hong Kong)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 45 contributions 9959 visits
Statement by the Competition Commission regarding Volleyball Association of Hong Kong, China’s decision on membership* In response to media reports about Volleyball Association of Hong Kong, China (VBAHK)’s decision on the membership status of its five members, the Competition Commission (...)

The Spanish Competition Authority resolves its penalty proceedings against an industrial equipment supplier for potential restrictions on passive sales and retail-price maintenance agreements (Maquinaria Garrido)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27976 visits
The CNMC resolves its penalty proceedings against Maquinaria Garrido S.L. through traditional enforcement* With this type of remedy, the alleged offender offers certain binding conditions which, if accepted by the Commission, enables it to avoid paying a fine. The CNMC investigates the terms (...)

The Mexican Competition Authority sanctions 17 clubs of the national football federation and 8 natural persons for colluding in the market for soccer players’ draft (Liga MX)
Mexican Competition Authority (Mexico City)
Mexico 128 contributions 24959 visits
COFECE sanctions 17 clubs of the Liga MX, the Mexican Football Federation and 8 natural persons for colluding in the market of women and male soccer players’ draft* One of the sanctioned conducts consisted of an agreement to set a maximum wage cap for women players, which eliminated competition (...)

The Danish Eastern High Court upholds a decision by the City Court of Roskilde and sentences an electric utility company to pay a fine for market sharing (Sydkystens Automatik)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 127 contributions 34939 visits
High Court upholds fine for Electrician Company in competition case on market sharing* The Danish Eastern High Court has upheld a December 2020 decision by the City Court of Roskilde and has sentenced the company Sydkystens Automatik to pay a fine of DKK 400.000 (€ 53.800) in a competition (...)

The US State of California Superior Court for the County of Contra Costa awards $15 million in damages, plus attorney fees, to a cannabis company following a string of anticompetitive practices from its competitors (Richmond Compassionate Care Collective / Koziol)
Constantine Cannon (New York)
United States 2 contributions 549 visits
Budding Antitrust Activity in the Cannabis Industry: Lessons from Richmond Compassionate Care Collective v. Koziol* As the cannabis industry continues to blossom from the backwoods into a multi-billion dollar bonanza, the antitrust spotlight is poised to increasingly shine on the industry’s (...)

The Spanish Competition Authority imposes fines totaling €161.855 on four file and document management service companies for bid rigging (Bibliodoc Servicios Documentales / Pandora Gestión Documental / Libnova / Salomé Lendínez Ramírez)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27976 visits
The CNMC imposes fines on several file and document management service companies for bid-rigging* These practices were conducted via several cartels between 2016 and 2019. Spain’s Ministry of Defence, Ministry of Development and the Reina Sofia National Art Centre were among the public (...)

The EU General Court upholds the Commission’s decision to fine a multinational telecommunications company €124.5M for gun jumping (Altice / PT Portugal)
Cleary Gottlieb Steen & Hamilton (Brussels)
France 22 contributions 51860 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 5 contributions 1223 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 7 contributions 4801 visits
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On September 22, 2021, the General Court upheld the European Commission’s decision to fine Altice Europe NV, a multinational telecommunications company, for prematurely implementing its acquisition of PT Portugal. Altice had engaged in conduct that contributed to the change in control of PT (...)

The Portuguese Competition Authority publishes a final report and best practices guide on anticompetitive agreements in the labor market
Portuguese Competition Authority (Lisbon)
Portugal 110 contributions 27394 visits
The AdC publishes final Report and Best Practices Guide on anticompetitive agreements in the labor market* The AdC publishes final Report and Best Practices Guide on anticompetitive agreements in the labor market The Competition Authority has published the final version of the Report and Best (...)

The New Zealand Competition Authority receives application from chicken growers association seeking authorization on behalf of its members to collectively negotiate with a leading poultry company (Tegel Growers Association / Tegel Foods)
New Zealand Commerce Commission (Wellington)
New Zealand 148 contributions 21482 visits
New Zealand Tegel Growers Association seeks authorisation for its members to engage in collective bargaining with Tegel Foods* The Commerce Commission has received an application from the New Zealand Tegel Growers Association Incorporated (TGA) seeking authorisation on behalf of its members to (...)

The Russian Competition Authority initiates two cases against a wholesale distributor for controlling the prices and terms of delivery of goods of 2 retail chains (Sladkaya Zhizn Plus)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54433 visits
Nizhny Novgorod OFAS initiated two cases against Sladkaya Zhizn Plus LLC* The actions of the company show signs of coordination of the economic activities of the Avocado and Malinka retail chains According to the Nizhny Novgorod Regional Office of the FAS Russia, Sladkaya Zhizn Plus LLC (...)

The Brazilian Competition Authority launches an administrative proceeding against 42 companies and 43 individuals to investigate allegations of a cartel in public and private procurement for outsourced services
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12891 visits
CADE launches proceeding to investigate cartel in outsourced services procurement* More than 50 procurement processes had signs of collusion On Tuesday (14 September), the Office of the Superintendent General of CADE (SG) launched an administrative proceeding against 42 companies and 43 (...)

The Indonesian Competition Authority fines a national airline for discriminatory conduct (Garuda Airlines)
Ashurst (Abū Dhabī)
United Arab Emirates 5 contributions 1152 visits
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Ashurst (Singapore)
Singapore 13 contributions 14841 visits
The Indonesia Competition Commission ("ICC") has imposed a penalty of IDR 1 billion (approx. USD 70,000) on Garuda Indonesia Airlines ("Garuda") for engaging in conduct in violation of Article 19 of the Indonesian Competition Law. The ICC held that Garuda engaged in discriminatory conduct for (...)

The Slovenian Administrative Court upholds the Competition Authority’s decision in a bus bid rigging case and sets the standards for the analysis of future by object restrictions (Bus operators)
Rojs, Peljhan, Prelesnik & partnerji (Ljubljana)
Slovenia 1 contribution 58 visits
On 16 September 2021, the Administrative Court of the Republic of Slovenia (“Administrative Court”) issued a judgment in an administrative dispute against a decision of the Slovenian Competition Protection Agency (“CPA”) deciding on an infringement of the Article 6 of the Slovenian Act on the (...)

The Russian Competition Authority and Federal Tax Service check prices in the construction materials markets and find a significant increase in financial indicators in several markets
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54433 visits
FAS AND FEDERAL TAX SERVICE CHECK PRICES IN THE CONSTRUCTION MATERIALS MARKETS* Based on the results of joint work, a significant increase in financial indicators was revealed in a number of markets Due to the increase in prices for building materials in 2021 and a large number of incoming (...)

The Danish Competition Authority announces the payment of a fine by a clothing retailer for exchanging information about prices with a competitor (Kaufmann)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 127 contributions 34939 visits
Denmark: Clothing retailer pays a fine of DKK 3,700,000 (€ 497,560) for exchanging information about prices with a competitor* The company behind the Danish clothing retailer “Kaufmann”, Axel Kaufmann ApS, has agreed to pay a fine of DKK 3.700.000 (€ 497,560) for having shared information about (...)

The US DoJ and FTC issue joint statement to preserve competition in post-hurricane relief efforts
US Department of Justice (Washington)
United States 163 contributions 68346 visits
Justice Department and Federal Trade Commission Issue Joint Statement to Preserve Competition in Post-Hurricane Relief Efforts* The Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) today issued a joint statement detailing antitrust guidance for businesses taking (...)

The US FTC and DoJ issue joint statement to preserve competition in post-hurricane relief efforts
US Federal Trade Commission (FTC) (Washington)
United States 154 contributions 37839 visits
Federal Trade Commission and Justice Department Issue Joint Statement to Preserve Competition in Post-Hurricane Relief Efforts* The Federal Trade Commission and the Department of Justice’s Antitrust Division today issued a joint statement detailing antitrust guidance for businesses taking part (...)

The US FTC streamlines consumer protection and competition investigations in eight key enforcement areas to enable higher caseload
US Federal Trade Commission (FTC) (Washington)
United States 154 contributions 37839 visits
FTC Streamlines Consumer Protection and Competition Investigations in Eight Key Enforcement Areas to Enable Higher Caseload* Agency to Focus on Service Members and Veterans; Children; Algorithmic and Biometric Bias; Deceptive and Manipulative Conduct on the Internet; and Repair Restrictions; (...)

The Spanish Supreme Court upholds suspending the start of proceedings to determine the scope and duration of public procurement bans on grounds of competition offences (Transporte Escolar Murcia)
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31515 visits
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Herbert Smith Freehills (Madrid)
Spain 3 contributions 643 visits
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Herbert Smith Freehills (Madrid)
Spain 12 contributions 2033 visits
The Spanish Supreme Court (SC) has delivered a judgment in which it confirmed that courts are able to issue injunctive relief to temporarily prevent decisions on penalties rendered by the National Markets and Competition Commission (the Comisión Nacional de los Mercados y la Competencia, or (...)

The Dutch Competition Authority imposes a fine totaling €40 million on one of the world’s largest producers of electronic devices for resale price maintenance (Samsung)
Bird & Bird (The Hague)
Netherlands 34 contributions 8360 visits
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Bird & Bird (The Hague)
Netherlands 7 contributions 3568 visits
Dutch ACM fines Samsung almost € 40 million for resale price maintenance* The Dutch competition authority ACM fined Samsung Electronics Benelux B.V. (“Samsung”) € 39,875,500 for coordinating the retail prices of Samsung television sets together with various retailers. The alleged coordination took (...)

The Russian Competition Authority reveals a cartel in the medical products sector (MEDSPB / Optomed / Prime)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54433 visits
Ingush regional office of the FAS Russia revealed the largest cartel at the auction of medical products* The actions of the participants in the collusion, which covered about 7 thousand auctions worth about 9 billion rubles, were coordinated by the manufacturer of medical devices MPK Yelets (...)

The Russian Competition Authority initiates investigations against the largest manufacturer of oriented strand boards for possible abuse of its dominant position (Kronospan Group)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54433 visits
FAS initiated a case in relation to the largest manufacturer of oriented strand boards* The cost of this product increased by more than 300% in 2021 Due to the large number of claims received regarding the price increase of oriented strand boards, the FAS Russia analyzed the state of (...)

The Australian Competition Authority grants interim authorization to medicine wholesalers to continue to cooperate in providing fair and efficient access to essential medication and pharmacy products as the COVID-19 pandemic continues Free
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78133 visits
Medicine wholesalers to continue to co-operate on COVID-19 response* The ACCC has granted interim authorization to medicine wholesalers to continue to co-operate in providing fair and efficient access to essential medication and pharmacy products as the COVID-19 pandemic continues. The new (...)

The Australian Competition Authority proposes to authorize a national union of commercial radio broadcasters to collectively bargain with two Big Tech companies (Commercial Radio Australia / Google / Facebook)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78133 visits
ACCC proposes to authorise Commercial Radio Australia to collectively bargain with Google and Facebook* The ACCC has issued a draft determination proposing to authorise Commercial Radio Australia (CRA) to collectively negotiate with Facebook and Google over payment for their member stations’ (...)

The Brazilian Competition Authority issues practical guidelines to help officials prevent and detect anticompetitive practices in public procurement
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12891 visits
CADE launches practical guidelines to help procurement officials prevent and detect cartels in public procurement* The documents lists strategies of collusion between companies, red flags of collusive conduct, and recommendations on how to prevent these unlawful practices in tenders On 3 (...)

The French Competition Authority fines traditional road freight companies in the road haulage sector for the boycott of emerging digital platforms (H2P / B2PWeb / Evolutrans / Astre...)
Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 338 visits
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Nestlé
1 contribution 338 visits
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Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 338 visits
The 21-D-21 decision is one of the few decisions of the French Competition Authority, following the referral of the Minister of Economy, after a heavy investigation conducted by the GDCCFC (General Directorate for Competition Policy, Consumer Affairs, and Fraud Control) with dawn raids in 2018. (...)

The French Competition Authority fines several players in the road freight transport sector €500K for boycotting digital intermediation platforms (H2P / B2PWeb / Evolutrans / Astre...)
French Competition Authority (Paris)
France 726 contributions 379894 visits
The Autorité de la concurrence fines several players in the road freight transport sector for boycotting digital intermediation platforms* Background The Autorité opened an investigation following a referral from the Ministry of Economy and Finance (DGCCRF), followed by dawn raids in 2018. (...)

The US District Court for the Southern District of Florida rules that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act (Tymar Distribution / Mitchell Group)
Jones Day (Miami)
United States 2 contributions 386 visits
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Winston & Strawn (Dallas)
United States 1 contribution 174 visits
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Jones Day (Miami)
United States 1 contribution 174 visits
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Southern District of Florida Finds Lost Profits Recoverable for Corporate-Competitor Plaintiffs Under FDUTPA The Chief Judge of the Southern District of Florida has ruled that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act (...)

The US DoJ indicts a commercial flooring executive for a money laundering charge as part of a long-running bid-rigging investigation (Michael Zmijewski)
US Department of Justice (Washington)
United States 163 contributions 68343 visits
Commercial Flooring Executive Indicted on Money Laundering Charge as Part of a Long-Running Bid Rigging Investigation* A federal grand jury in the Northern District of Illinois returned a one-count indictment charging Michael Zmijewski for his role in a money laundering conspiracy involving (...)

The Australian Competition Authority announces that a bathroomware company admitted to likely resale price maintenance (Nero Bathrooms)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78133 visits
Bathroomware brand Nero admits to likely resale price maintenance* Bathroomware brand, Nero Bathrooms International Pty Ltd, trading as Nero Tapware, has admitted it was likely to have engaged in resale price maintenance by withholding supply of its products from a small independent building (...)

The Australian Competition Authority accepts a court-enforceable undertaking after a bathroom ware supplier admits to likely resale price maintenance (Nero Bathrooms)
Ashurst (Sydney)
United States 17 contributions 2297 visits
Nero Bathrooms International Pty Ltd (trading as Nero Tapware) ("Nero"), a national supplier of bathroom-ware products, admitted it likely engaged in resale price maintenance by withholding supply of its products from a retailer when that retailer refused to raise its advertised prices. Key (...)

The Düsseldorf Higher Regional Court acquits 3 breweries in the breweries cartel case (Kölsch-Kartell)
Blomstein (Berlin)
Germany 16 contributions 43793 visits
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Blomstein (Berlin)
Germany 3 contributions 167 visits
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Blomstein (Berlin)
Germany 2 contributions 102 visits
DÜSSELDORF HIGHER REGIONAL COURT ACQUITS BREWERIES IN KÖLSCH BEER CARTEL CASE (Kölsch-Kartell) On 8. September 2021, the Düsseldorf Higher Regional Court cleared three Kölsch breweries and two of their managing directors of price fixing (case number V-4 Kart 4/16 OWi), overturning fines imposed on (...)

The Australian Competition Authority reports that a bathroomware company admitted to likely resale price maintenance by withholding supply of its products to a small retailer that failed to increase its advertised prices of the company’s products (Nero Bathrooms)
Baker McKenzie (Sydney)
Australia 5 contributions 1063 visits
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Baker McKenzie (Sydney)
Australia 6 contributions 1134 visits
Bathroom brand, Nero Tapware, admits to likely RPM Nero Bathrooms International Pty Ltd (trading as Nero Tapware) ("Nero") admitted it likely engaged in resale price maintenance ("RPM") by withholding supply of its products to a small retailer that failed to increase its advertised prices of (...)

The Russian Competition Authority initiates proceedings against 10 technical support and IT security services companies for concluding cartel agreements (ESLab / Normos XXI / STC Electron-Service / Krastol...)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54433 visits
FAS initiated two cases in the field of IT technologies* The FAS Russia suspects a number of companies providing technical support and IT security services of concluding cartel agreement The FAS Russia has initiated cases on violation of antimonopoly legislation in relation to ESLab LLC, (...)

The New Zealand High Court fines a container company and its director for attempted collusion with a rival to charge consumers the same booking fee (SCS Christchurch)
New Zealand Commerce Commission (Wellington)
New Zealand 148 contributions 21482 visits
Penalties imposed in container depot price fixing case* The High Court has ordered Specialised Container Services (Christchurch) Limited (SCS Christchurch) and its director Grant Tregurtha to pay penalties in relation to an attempted price fix of “vehicle booking system” fees. The Commission (...)

The Brazilian Competition Authority recommends the conviction of cartel members in tenders of orthoses, prostheses, and medical devices (Biotronik Comercial Médica / Boston Scientific do Brasil / Medtronic Comercial / St. Jude Medical Brasil)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12891 visits
CADE’s Office of the General Superintendent recommends the conviction of cartel members in tenders of orthoses, prostheses, and medical devices* Together, the collusive firms controlled the entire market of implantable cardiac pacemakers used in heart disease treatments On 24 August, CADE’s (...)

The US DoJ files a second civil contempt claim against an internet services company (CenturyLink)
US Department of Justice (Washington)
United States 163 contributions 68343 visits
Justice Department Files Second Civil Contempt Claim Against CenturyLink* CenturyLink Agrees to Pay $275,000 to Settle Violation of Amended Final Judgment CenturyLink Inc., now known as Lumen Technologies Inc., has agreed to pay $275,000 to resolve a civil contempt claim by the Department of (...)

The New Zealand Competition Authority authorizes a company to engage in resale price maintenance to its proposed online stores and marketplaces (HP)
New Zealand Commerce Commission (Wellington)
New Zealand 148 contributions 21482 visits
Commerce Commission issues determination on HP New Zealand’s application to engage in resale price maintenance* The Commerce Commission has authorized HP New Zealand Limited (HP) to engage in resale price maintenance (RPM) in relation to its proposed HP online stores and HP online marketplace (...)

Unilateral Practices

 The Australian Competition Authority releases its third digital platform services inquiry interim report and proposes that it be given the power to develop and implement a mandatory search engine choice screen in web browsers (Google)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78133 visits
Benefits from more competition in internet search* Measures addressing Google’s dominance in search engine services, including a choice screen that provides consumers with a selection of search engines, should be introduced in Australia, as set out in the ACCC’s third Digital Platform Services (...)

The Turkish Competition Authority issues interim measures against a leading marketplace platform for its use of algorithms and third-party data to benefit its own offerings (Trendyol)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 74833 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1433 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 2898 visits
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Trendyol Interim Measure decision in which the Board, upon the findings of its preliminary investigation, determined that DSM Grup Danışmanlık İletişim ve Satış Ticaret A.Ş.’s (“Trendyol”) use of algorithms and handling (...)

The Australian Competition Authority reports a standstill in the domestic airline industry due to the COVID-19 pandemic restrictions and cautions airports against using their market power to try to recoup losses after the pandemic through excessive prices Free
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78133 visits
COVID restrictions bring domestic airline industry to a standstill* Travel restrictions as a result of the recent COVID-19 Delta outbreaks have brought the majority of domestic flying to a stop and delivered a significant blow to the local airline industry, the ACCC’s latest Airline Competition (...)

The US Court of Appeals for the Ninth Circuit dismisses the class action brought on behalf of indirect purchasers alleging that a chip manufacturer abused its dominant position by refusing to sell chips to manufacturers that did not pay above-market royalty rates to license its patents (Qualcomm / Stromberg)
Hausfeld (Washington)
United States 1 contribution 374 visits
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Hausfeld (San Francisco)
United States 2 contributions 424 visits
On September 29, 2021, the Ninth Circuit vacated the class certification order in Stromberg et al. v. Qualcomm, an antitrust class action brought on behalf of indirect purchasers alleging that Qualcomm monopolized the market for modem chips by refusing to sell chips to manufacturers that did (...)

The Australian Competition Authority publishes a report on advertising technology and identifies significant competition concerns namely due to a Big Tech company’s dominance of the sector (Google)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78133 visits
Google’s dominance in ad tech supply chain harms businesses and consumers* An ACCC inquiry into the advertising technology (or ‘ad tech’) sector has identified significant competition concerns and likely harms to publishers, advertisers, and, ultimately, consumers. The report, published today, (...)

The German Federal Supreme Court rules that infrastructure usage charges may infringe competition law where the pricing system is non-transparent, largely defies rational justification and does not comply with the statutory pricing system (DB Netz / Deutsche Bahn)
Arnecke Sibeth Dabelstein (Frankfurt)
Germany 3 contributions 105 visits
On 21 September 2021, the German Federal Supreme Court ruled on infrastructure usage charges in its second judgement concerning track path prices (KZR 88/20 - Trassenentgelte II) and formulated the following guiding principles: a) If a market-dominating company which has a significant (...)

The Italian Administrative Court of First Instance annuls a national telecommunications company’s margin squeeze fine due to the Competition Authority incorrectly applying the "as efficient competitor" test (Vodafone)
Ashurst (Brussels)
France 45 contributions 45506 visits
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Ashurst (Milan)
France 102 contributions 28823 visits
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Ashurst (Brussels)
Belgium 11 contributions 6083 visits
On 15 September 2021, the Italian administrative court of first instance ("TAR Lazio") upheld the appeal brought by Vodafone Italia S.p.A. ("Vodafone") against the decision of the Italian Competition Authority ("ICA") of 13 December 2017 in case A500(A). The TAR Lazio found that the ICA had (...)

The Russian Competition Authority launches an investigation into the actions of 2 glass companies for possible abuse of dominance (Salavatsteklo / Guardian Glass)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54433 visits
FAS Russia initiated a case in the glass market* The agency perceives in the actions of Salavatsteklo and Guardian Glass signs of abuse of a dominant position In connection with the received statements about the increase in the cost of building materials, including flat glass, the FAS Russia (...)

The EU Commission approves Greek commitments to remove the distortion created by the state-owned electricity provider’s exclusive access to lignite-fired generation (PPC)
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698665 visits
Antitrust: Commission approves Greek measures to increase access to electricity for PPC’s competitors* The European Commission has made legally binding, under EU antitrust rules, measures proposed by Greece to allow the competitors of Public Power Corporation (PPC), the Greek state-owned (...)

The US district court for the District of Northern California rules that app stores are not a monopoly but prohibits ban on app creators directing consumers to external links (Epic / Apple)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45124 visits
The Judgment of the US Court of the Northern District of California (Court) of 10 September 2021 , Epic v. Apple (Judgment), has concluded that Apple Inc. (Apple) is not a monopolist in light of current US and California antitrust laws. However, what could be seen as a neat victory for Apple is (...)

The EU Commission approves Greek commitments requiring the state-owned electricity incumbent to maintain a fixed net seller position for electricity baseload futures on certain energy exchanges to address competition concerns (PPC)
Ashurst (Brussels)
Belgium 7 contributions 1201 visits
The European Commission accepted commitments from Greece requiring Public Power Corporation (PPC), the state-owned electricity incumbent, to maintain a fixed net seller position for electricity baseload futures on certain energy exchanges in order to address competition concerns raised by (...)

The Japanese FTC closes the investigation against a Big Tech company for allegedly restricting business activities of digital app developers on its app store after the company agreed to update the store’s guidelines, including on payment methods and app review process (Apple)
Japan Fair Trade Commission (Tokyo)
Japan 129 contributions 23006 visits
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by Apple Inc.* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Apple Inc. (hereinafter referred to as “Apple”) in accordance with the provisions of the Antimonopoly Act since (...)

The Turkish Competition Authority accepts a leading beverage company’s commitments to remedy competition concerns over its abuse of dominance in the carbonated drinks, cola drinks and aromatic carbonated drinks markets (Coca Cola)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 74823 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 4 contributions 548 visits
The changes to the Law No. 4054 on Protection of Competition (“Law No. 4045”) introducing the new commitment and settlement mechanisms, entered into force on 24 June 2020 with the Amendment Law, aiming to achieve efficiency gains and allow the competition investigations to close at an earlier (...)

Mergers

 The Irish Competition Authority clears, subject to binding commitments, a proposed acquisition in the waste sector after an extensive Phase I investigation (Pandagreen / Exomex)
Irish Competition Authority (Dublin)
Ireland 91 contributions 14721 visits
CCPC requires commitments from Pandagreen to acquire waste company Exomex* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to binding commitments, the proposed acquisition of Exomex by Pandagreen. Exomex, which trades under the name ‘McElvaney’s Waste and (...)

The US Surface Transportation Board confirms its earlier approval of a voting trust in a proposed merger between a Canadian and an American railroad in their revised merger application (CP / KCS)
Journal of Parliamentary and Political Law (Ottawa)
France 46 contributions 19757 visits
Introduction It is full steam ahead with likely no further detours for Canadian Pacific Railway Ltd. (‘CP’) and Kansas City Southern Railway Co. (‘KCS’). The US Surface Transportation Board (‘STB’ or ‘the Board’) confirmed on 30 September 2021 that its prior approval of a voting trust as a first step (...)

The French Competition Authority unconditionally clears a merger between two retail clothing shops (Caroll / Beaumanoir)
French Competition Authority (Paris)
France 726 contributions 379886 visits
The Autorité de la concurrence clears the acquisition of Caroll by Beaumanoir* The Beaumanoir Group notified the Autorité de la concurrence of its plan to acquire all the Caroll shops located in France. Parties to the transaction The Beaumanoir Group owns clothes shops in France and abroad, (...)

The Spanish Competition Authority conditionally clears in Phase II the merger of three funeral homes (Mémora / Rekalde / Irache)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27976 visits
The CNMC approves Mémora’s acquisition of the Rekalde and Irache funeral homes, with commitments* The acquisitions affect the Basque Country and Navarre funeral services markets. The transaction was cleared in Phase 2, contingent on fulfilment of certain commitments by Mémora not to affect (...)

The Lithuanian Competition Authority clears a merger between two Latvian companies active in the IT and communications services sector (Santa Monica Networks / Latvijas Mobilais Telefons)
Latvian Competition Council (Riga)
Latvia 116 contributions 22686 visits
Latvian companies receive merger clearance* The Lithuanian competition authority Konkurencijos taryba has cleared the acquisition of 100 per cent of the shares of the Latvian company Santa Monica Networks and indirect control of the Lithuanian company Santa Monica Networks by Latvijas Mobilais (...)

The UK Government proposes to accept revised national security undertakings offered under the acquisition of a telecommunications equipment company by a Chinese radio manufacturer to ensure maintenance of the TETRA Airwave Network used by national emergency services (Sepura / Hytera)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90517 visits
Acquisition of Sepura plc by Hytera Communications Corporation Limited: revised national security undertakings* Consultation description The Secretary of State for Business, Energy and Industrial Strategy, Kwasi Kwarteng MP, announced on 28 September 2021 that he is proposing to accept (...)

The German Competition Authority prohibits the complete acquisition of the publishing companies of the daily newspaper by media company publishing a competing newspaper (Ostthüringer / Funke)
German Competition Authority (Bonn)
Germany 432 contributions 110051 visits
Bundeskartellamt prohibits complete acquisition of publisher of “Ostthüringer Zeitung” by Funke-Mediengruppe* The Bundeskartellamt has prohibited a company of Funke Mediengruppe from acquiring the sole control of the publishing companies of the daily newspaper “Ostthüringer Zeitung”. Funke (...)

The US FTC introduces 5 process changes for second requests in its merger reviews
Constantine Cannon (New York)
United States 1 contribution 184 visits
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Constantine Cannon (New York)
United States 2 contributions 383 visits
What to Expect During Antitrust Merger Reviews and Investigations Under the Biden Administration (Part 1)* Antitrust enforcers are revising the gamebook for firms that hope to get their mergers through the federal merger review process. As this blog has previously reported on increased (...)

The New Zealand Competition Authority clears the merger of two electricity and gas retailers (Mercury / Trustpower)
New Zealand Commerce Commission (Wellington)
New Zealand 148 contributions 21482 visits
Mercury cleared to acquire Trustpower’s retail business* The Commerce Commission has granted clearance for Mercury NZ Limited to acquire Trustpower Limited’s retail business. Deputy Chair Sue Begg said the Commission is satisfied that the acquisition is unlikely to substantially lessen (...)

The UK Competition Authority unconditionally clears the merger between a Big Tech company and a provider of CRM software (Meta / Kustomer)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90517 visits
Anticipated acquisition by Facebook, Inc. of Kustomer, Inc.* Summary of the CMA’s decision on relevant merger situation and substantial lessening of competition SUMMARY 1. The Competition and Markets Authority (CMA) has found that the anticipated acquisition by Facebook, Inc. (Facebook) of (...)

The Spanish Competition Authority authorizes two concentrations in the banking and insurance sectors related to a previously approved merger (Bankia / Caixabank)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27976 visits
The CNMC has authorized two concentrations in phase 1 without commitments related to the CAIXABANK/BANKIA merger approved on 23 March 2021 (See Spanish Competition Authority, The Spanish Competition Authority clears a merger between the third and fourth-largest banks in the country subject to (...)

The Papua New Guinea Competition Authority declines reviewing an acquisition in the telecommunications market because the transaction falls below the notification threshold (Bemobile / Telikom)
DataInox (Ahmedabad)
1 contribution 19 visits
Amalgamation of Bemobile Limited into Telikom Limited does not meet notification threholds* On 11th August, 2021 Kumul Telikom Holdings Limited ("KTHL") and Telikom Limited ("Telikom") jointly lodged a clearance application seeking clearance on the proposed amalgamation of Bemobile Limited (...)

The US FTC requests public comment on the application of an electric services company to modify its final order related to a natural gas joint venture (Nexus Gas Transmission / DTE Energy)
US Federal Trade Commission (FTC) (Washington)
United States 154 contributions 37839 visits
FTC Requests Public Comment on DTE Energy Company’s Application to Modify Final Order Settling Competition Concerns Related to Natural Gas Joint Venture* The Federal Trade Commission is seeking public comment on a petition by DTE Energy Company to reopen and modify the FTC’s 2019 order, which (...)

The Kuwait Government amends its competition law to include for the first time a pre-merger notification regime based on turnover thresholds
White & Case (Washington)
United States 6 contributions 2985 visits
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White & Case (Brussels)
Belgium 14 contributions 10291 visits
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White & Case (Washington)
United States 46 contributions 26426 visits
The Government of Kuwait has recently amended its competition law to include for the first time a pre-merger notification regime based on turnover thresholds. Kuwait’s Competition Protection Agency has started to apply the new thresholds and has already launched inquiries into transactions that (...)

The EU General Court dismisses a French telecommunications company’s action against the Commission’s decision to impose two fines totalling €124.5M in connection to its acquisition of a Portuguese competitor (Altice / PT Portugal)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 28890 visits
The General Court dismisses Altice Europe’s action against the Commission decision imposing two fines totalling €124.5 million in connection with the acquisition of PT Portugal* However, it orders the amount of the fine relating to the breach of the obligation to notify the concentration to the (...)

The German Higher Regional Court of Düsseldorf overturns the Competition Authority’s decision to clear a joint venture between a telecommunications company and a regional utility provider (Telekom Deutschland / EWE)
Herbert Smith Freehills (Düsseldorf)
Germany 20 contributions 5447 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 14 contributions 4130 visits
Last week the Higher Regional Court of Düsseldorf overturned a decision adopted by the German Federal Cartel Office (FCO) clearing a JV between Telekom Deutschland and EWE, a regional utility company. The JV partners were looking to cooperate in the development of fibre-optic networks in parts (...)

The EU General Court upholds the Commission’s decision to fine a telecommunications company for gun jumping but grants a limited 5% reduction of part of the €124.5 million fine imposed (Altice / PT Portugal)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 56 contributions 23805 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30373 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 77 contributions 56621 visits
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On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun-jumping in the acquisition of Portugal Telecom (PT) in 2015. The General Court did grant Altice a limited 5% reduction of part of the €124.5 (...)

The EU General Court upholds a decision from the Commission sanctioning a telecommunications operator for gun jumping and clarifies in its decision the applicable rules (Altice / PT Portugal)
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8301 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 4728 visits
On September 22, 2021, the EU General Court (GC) upheld a decision from the European Commission (Commission) by which it fined telecommunications operator Altice for gun jumping (T-425/18, Altice Europe v Commission). In particular, the GC affirmed that the Commission could impose two separate (...)

The EU General Court confirms that the Commission was able to fine a telecommunications twice for gun jumping, once for breaching the standstill obligation and once for breaching the failure to notify obligation (Altice)
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8301 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 4728 visits
On 22 September 2021, the GCEU upheld a decision from the EC by which it fined telecommunications operator Altice for gun-jumping. In particular, the GCEU affirmed that the EC could impose two separate fines: a fine for implementing a concentration prior to its clearance, and a fine for (...)

The US DoJ sues to block unprecedented alliance between two airline companies (American Airlines / JetBlue)
US Department of Justice (Washington)
United States 163 contributions 68343 visits
Justice Department Sues to Block Unprecedented Domestic Alliance Between American Airlines and JetBlue* Alliance Eliminates Competition in New York and Boston and Harms Air Travelers Nationwide The U.S. Department of Justice, together with Attorneys General in six states and the District of (...)

The Australian Competition Authority authorizes two national healthcare companies to form and operate a health services buying group (Honeysuckle Health / Nib Health Funds)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78133 visits
Honeysuckle Health, nib buying group authorised with condition* The ACCC has authorised Honeysuckle Health and nib Health Funds (ASX: NHF) to form and operate a health services buying group. The authorisation has been granted with a condition that major insurers Medibank, Bupa, HCF and HBF in (...)

The EU Commission raises the stakes by issuing a Statement of Objections against a healthcare company in which it threatens to adopt interim measures to prevent potentially irreparable damage to competition (Illumina / GRAIL)
Van Bael & Bellis (Brussels)
France 37 contributions 20657 visits
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Van Bael & Bellis (Brussels)
United Kingdom 144 contributions 50274 visits
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Van Bael & Bellis (Brussels)
Belgium 46 contributions 23600 visits
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In September 2021, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the Merger (...)

The EU Commission announces interim measures following a breach of the standstill obligation between two healthcare companies specialized in genomic sequencing (Illumina / GRAIL)
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
Mergers: The Commission adopts a Statement of Objections in view of adopting interim measures following Illumina’s early acquisition of GRAIL* The European Commission has sent a Statement of Objections to Illumina and GRAIL informing them of the interim measures it intends to adopt following (...)

The Cypriot Competition Authority decides to launch a full investigation into a merger in the market related to the storage and management of Liquefied Petroleum Gas (VLPG Plant / Yugen / Hellenic Petroleum)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 58 contributions 7337 visits
The Commission for the Protection of Competition has decided to launch a full investigation of the merger regarding the acquisition of part of the share capital of VLPG PLANT Ltd by YUGEN LIMITED and the merger of Hellenic Petroleum S.A Group activities’ related to the storage and management of (...)

The EU Commission issues a Statement of Objections, pursuing interim measures on two pharmaceutical companies for the alleged violation of the standstill obligation (Illumina / GRAIL)
Herbert Smith Freehills (Brussels)
Belgium 108 contributions 68741 visits
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Herbert Smith Freehills (Brussels)
Belgium 40 contributions 16287 visits
The Illumina/GRAIL case saga continues. As we reported in our previous briefing, the Illumina / GRAIL deal provides the first illustrative example of the European Commission’s ("Commission") new approach to try and “catch” transactions using the referral mechanism in Article 22 EU Merger (...)

The Australian Competition Authority launches an investigation into a proposed merger between three meat and food processing companies (JBS / Rivalea / Oxdale Dairy)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78133 visits
JBS’ proposed acquisition of Rivalea raises preliminary competition concerns* The ACCC has outlined its preliminary competition concerns about JBS Australia Pty Ltd’s (JBS) proposed acquisition of Rivalea Holdings Pty Ltd and Oxdale Dairy Enterprise Pty Ltd (together, Rivalea) in a statement of (...)

The US FTC withdraws vertical merger guidelines to prevent industrial and judicial reliance on unsound economic theories
US Federal Trade Commission (FTC) (Washington)
United States 154 contributions 37839 visits
Federal Trade Commission Withdraws Vertical Merger Guidelines and Commentary* 2020 guidance withdrawn to prevent industry and judicial reliance on unsound economic theories; FTC to work with DOJ to update merger guidance The Federal Trade Commission voted to withdraw its approval of the (...)

The US FTC votes to withdraw its approval of the vertical merger guidelines with no plans to replace it
Morgan Lewis (Washington)
United States 6 contributions 11653 visits
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Morgan Lewis (Washington)
United States 12 contributions 3034 visits
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Morgan Lewis (Philadelphia)
United States 6 contributions 784 visits
The US Federal Trade Commission (FTC) recently voted to withdraw its approval of the Vertical Merger Guidelines (the 2020 VMGs), which, as we covered in the past, the FTC and Department of Justice (DOJ) issued over a year ago on June 30, 2020. The vote on September 15, 2021 to rescind the (...)

The US FTC votes to rescind the vertical merger guidelines issued jointly with the DoJ
Hogan Lovells (Washington)
United States 12 contributions 3405 visits
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Hogan Lovells (Washington)
United States 16 contributions 6407 visits
On 15 September 2021 the Federal Trade Commission (FTC) held its third open meeting under the leadership of Chair Lina Khan. As expected, the Commissioners voted along party lines to rescind the Vertical Merger Guidelines (2020 VMGs) that were jointly issued by the FTC and Department of (...)

The French Competition Authority opens an in-depth investigation into the merger of two national furniture stores (Conforama / But)
French Competition Authority (Paris)
France 726 contributions 379886 visits
Takeover of Conforama France by the Mobilux Group (BUT): the Autorité opens an in-depth examination* The Mobilux Group (hereinafter "Mobilux"), which controls the But group, notified the Autorité de la concurrence of the acquisition of sole control of 172 Conforama and Confo! stores after the (...)

The US DoJ issues a statement following the FTC’s vote to withdraw from the vertical merger guidelines
US Department of Justice (Washington)
United States 163 contributions 68343 visits
Justice Department Issues Statement on the Vertical Merger Guidelines* Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division issued the following statement today after the Federal Trade Commission (FTC) voted to withdraw from the 2020 Vertical Merger (...)

The US FTC publishes a report summarizing findings from its study of unreported Big Tech acquisitions
Hogan Lovells (Washington)
United States 12 contributions 3405 visits
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Hogan Lovells (Washington)
United States 16 contributions 6407 visits
On 15 September 2021, the Federal Trade Commission (FTC) published findings from its retrospective study of the non-reported acquisitions by five large technology companies from 2010-2019 (the Report). Focusing on 616 transactions valued at above US$1 million, the Commissioners noted four key (...)

The US FTC presents a report on nearly a decade of unreported acquisitions by Big Tech companies
US Federal Trade Commission (FTC) (Washington)
United States 154 contributions 37839 visits
FTC Staff Presents Report on Nearly a Decade of Unreported Acquisitions by the Biggest Technology Companies* Report analyzes acquisitions by Alphabet/Google, Amazon, Apple, Facebook, and Microsoft At an open Commission meeting today, the Federal Trade Commission staff presented findings from (...)

The Papua New Guinea Competition Authority blocks the acquisition of a bank by another financial institution (Kina Securities / Westpac Bank)
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papua New Guinea 14 contributions 379 visits
ICCC Declines Authorization Application by Kina Securities Limited for the Proposed Acquisition of Shares in Westpac Bank-PNG-Limited* The Independent Consumer and Competition Commission (“ICCC”) wishes to inform relevant stakeholders and the general public that it has decided to decline (...)

The Australian Competition Authority finds that the proposed coordination of Japanese and Australian flights between two airlines is not in the public interest (Qantas / Japan Airlines)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78133 visits
ACCC finds Qantas and Japan Airlines alliance not in the public interest* The ACCC has denied authorisation for Qantas (ASX:QAN) and Japan Airlines to coordinate flights between Australia and Japan under the terms of a joint business agreement. The ACCC found that the agreement would likely (...)

The Vietnamese Competition Authority issues a report looking back on the merger control filings 2019-2021 since the entry into force of the new national competition law
Hogan Lovells (Beijing)
China 80 contributions 18799 visits
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Hogan Lovells (Hanoi)
Vietnam 1 contribution 191 visits
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Hogan Lovells (Hanoi)
Vietnam 1 contribution 191 visits
July 2021 marked the two-year anniversary of the entry into force of Vietnam’s new Competition Law (Law No. 23/2018/QH14). Among other things, the Competition Law established a brand-new merger control regime implemented by the Vietnamese Competition and Consumer Authority (“VCCA”) under the (...)

The Vietnamese Competition Authority reports that 125 merger control notifications have been submitted since the law took effect in 2019
Baker McKenzie (Hô Chi Minh-Ville)
Vietnam 4 contributions 432 visits
The Vietnam Competition and Consumer Authority ("VCCA") reports that 125 merger control notifications, most of which related to real estate, have been submitted since the law took effect in 2019. In particular, in July 2019 to July 2021: Approximately 10% of deals submitted were subject to (...)

The French Competition Authority conditionally clears the acquisition by a food distributor of 100 stores previously owned by a competitor and for the first time recognizes the existence of a market for organic products (Bio c’ Bon / Carrefour)
French Competition Authority (Paris)
France 726 contributions 379886 visits
Conditionnal green light to the acquisition of 100 Bio c’ Bon stores by Carrefour* For the first time, the Autorité has recognized the existence of a market for organic products The Autorité clears the takeover of 100 Bio c’Bon stores by Carrefour, subject to the divestiture of eight stores On (...)

The Spanish Competition Authority approves after a Phase II investigation the terms and conditions of a merger in the funeral services market (Santa Lucía / Funespaña)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27976 visits
The CNMC approves the terms and conditions of Santa Lucía’s acquisition of virtually all the assets of Funespaña, Mapfre Group’s funeral plan provider* The transaction affects the funeral services and prepaid funeral plan sectors. Authorisation is contingent on compliance with four terms and (...)

The Australian Competition Authority announces its concerns about a proposed merger between two plagiarism softwares (Turnitin / Ouriginal)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78133 visits
Preliminary concerns about anti-plagiarism software merger* The ACCC has preliminary competition concerns with Turnitin’s proposed acquisition of Ouriginal. Turnitin and Ouriginal are international providers of anti-plagiarism software, primarily overlapping in the supply of this software to (...)

The Malaysian Aviation Commission approves a proposed merger between two airline companies and issues its final decision (Korean Air / Asiana Airlines)
Wong Partners (Kuala Lumpur)
Malaysia 2 contributions 630 visits
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Wong Partners (Kuala Lumpur)
Malaysia 1 contribution 138 visits
MAVCOM issues Malaysia’s first merger clearance decision The Malaysian Aviation Commission ("MAVCOM") took into account the failing firm defence for the first time in approving the proposed merger between Korean Air and Asiana Airlines ("Anticipated Merger"), and issued its final decision on (...)

The Australian Competition Authority authorizes a merger between multiple payment service providers subject to court-enforceable conditions (BPAY / eftpos / NPPA)
Ashurst (Sydney)
Australia 6 contributions 565 visits
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Ashurst (Sydney)
Australia 4 contributions 440 visits
On 9 September 2021, the Australian Competition and Consumer Commission ("ACCC") authorised the proposed amalgamation of three payment service providers, BPAY Group Holding Pty Ltd ("BPAY"), eftpos Payments Australia Limited ("EPAL") and NPP Australia Limited ("NPPA"), subject to a court (...)

The Brazilian Competition Authority considers conditionally clearing the merger of the nation’s two leading car rental companies (Unidas / Localiza)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12891 visits
CADE’s Tribunal will review the acquisition of Unidas by Localiza* The Office of the Superintendent General that recommends applying remedies to mitigate risks derived by the transaction has identified competition concerns in the car rental market On 6 September, CADE’s Office of the (...)

The Indian Competition Authority clears acquisition of an investment management company by an online trading platform (Nextbillion / Indiabulls)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9743 visits
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Agriya - Chambers of Law (New Delhi)
India 76 contributions 6740 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9799 visits
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Nextbillion Technology Private Limited (“Acquirer/Nextbillion”), and Indiabulls Asset Management Company Limited (“Indiabulls AMC”) and Indiabulls Trustee Company Limited (“Indiabulls Trustee”), collectively (“Targets”), jointly filed a notice pursuant to execution of Share Purchase Agreement between (...)

The Indian Competition Authority unconditionally approves takeover of a national ICT distribution company by competitor (Savex Technologies / Inflow Technologies)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9799 visits
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Agriya - Chambers of Law (New Delhi)
India 76 contributions 6740 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9743 visits
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A notice was filed by Savex Technologies Private Limited, India (“Savex/ Acquirer”) pursuant to Share Purchase Agreement executed between Savex, Inflow Technologies Private Limited, India (“Inflow”) and the existing shareholders of Inflow; and Shareholders Agreement executed between Savex, Inflow (...)

The Australian Competition Authority clears a payment systems merger after accepting a court-enforceable undertaking offered by the parties (BPAY / eftpos / NPPA)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78133 visits
ACCC authorises payment systems merger after undertaking* The ACCC has authorised the proposed merger of BPAY Group Holding Pty Ltd and its subsidiaries (together, BPAY), eftpos Payments Australia Ltd (eftpos) and NPP Australia Ltd (NPPA), after accepting a court-enforceable undertaking (...)

The Spanish Competition Authority clears a merger between two funeral services insurance companies after a Phase II investigation subject to conditions (Santa Lucía / Funespaña)
Ashurst (Madrid)
Espagne 13 contributions 2069 visites
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Ashurst (Madrid)
Belgique 6 contributions 763 visites
On 7 September 2021, the Spanish Competition Authority ("CNMC") cleared, subject to commitments and conditions, the acquisition by Santa Lucía of exclusive control of almost all assets of Mapfre Group subsidiary Funespaña. The transaction affects the funeral services and funeral planning sectors. (...)

The UK Competition Authority finds that the merger between a national music distributor and a Japanese technology company raises competition concerns (AWAL / Sony)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90517 visits
Sony’s purchase of AWAL raises competition concerns* The CMA has found that Sony’s completed purchase of AWAL raises competition concerns, following a Phase 1 investigation. Deal could lead to worse terms for artists and less innovation in the music sector The music industry is evolving, with (...)

The Polish Competition Authority grants conditional approval of an acquisition of a medical services company by its competitor (Betamed / Air Liquide)
Polish Competition Authority (Warsaw)
Poland 107 contributions 19777 visits
UOKiK President grants conditional approval for consolidation* UOKiK President Tomasz Chróstny has issued conditional approval for the acquisition of Betamed by Air Liquide. Both companies operate, among others, in medical service markets financed by the National Health Fund. The conditions (...)

The UK Competition Authority prepares a report on the merger between a material manufacturer and a telecommunications company in light of a public interest intervention notice issued over the proposed acquisition (Perpetuus / Taurus)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90517 visits
Public interest intervention notice issued over proposed acquisition of The Perpetuus Group by Taurus International Ltd and others* A notice was issued today relating to the proposed acquisition of The Perpetuus Group by Taurus International Ltd and others. On 5 September, acting on official (...)

The UK Competition Authority reassesses a merger in the activewear sector and provisionally finds that it raises competition concerns (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90517 visits
Competition concerns remain over JD Sports merger* The CMA has provisionally found JD Sports’ takeover of Footasylum could lead to a worse deal for shoppers, after reassessing the merger. Following the CMA’s final decision to block the merger between JD Sports and Footasylum in May 2020, JD (...)

The US DoJ requires divestitures for a proposed merger between two banks (BancorpSouth Bank / Cadence Bank)
US Department of Justice (Washington)
United States 163 contributions 68343 visits
Justice Department Requires Divestitures in BancorpSouth Bank’s Merger with Cadence Bank* Divestiture of Seven Mississippi Branches will Protect Consumers in Rural Communities and Small Towns The Department of Justice announced today that BancorpSouth Bank and Cadence Bank have agreed to sell (...)

 The Romanian Competition Authority unconditionally approves the acquisition of a software company by its competitor (High-Tech Systems & Software / Kaseke)
Romanian Competition Council (Bucharest)
Romania 137 contributions 24513 visits
The Competition Council approved the taking over of High-Tech Systems & Software SRL by Kaseke Limited* The Competition Council approved the transaction through which Kaseke Limited takes over the company High-Tech Systems & Software SRL and, indirectly, the company Winsoft Suport SRL. (...)

The US DoJ announces the fining of a Wall Street bank CEO for gun jumping (Richard Fairbank / Capital One)
US Department of Justice (Washington)
United States 163 contributions 68343 visits
Capital One CEO to Pay Civil Penalty for Violating Antitrust Pre-Transaction Notification Requirements* The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in U.S. District Court for the District of Columbia, (...)

The US FTC fines the CEO of a Wall Street bank for repeatedly violating antitrust laws by illegally finalizing stock acquisitions (Richard Fairbank / Capital One)
US Federal Trade Commission (FTC) (Washington)
United States 154 contributions 37839 visits
FTC Fines Capital One CEO Richard Fairbank for Repeatedly Violating Antitrust Laws* On multiple occasions, Wall Street banker failed to comply with federal antitrust laws when he illegally finalized stock acquisitions Today, the Federal Trade Commission announced that Richard Fairbank, CEO of (...)

The French Competition Authority conditionally clears an acquisition between two suppliers specialized in the trade-in wood and panels for construction professionals (Panofrance / Distribution Matériaux Bois-Panneaux)
French Competition Authority (Paris)
France 726 contributions 379886 visits
Wood and panel trade: the Autorité conditionally clears the acquisition of Panofrance (Chausson Matériaux) by Distribution Matériaux Bois-Panneaux (Saint-Gobain)* On 6 July 2021, Distribution Matériaux Bois-Panneaux (DMBP) notified the Autorité de la concurrence of its plan to acquire control of (...)

The German Competition Authority clears a magazine publisher’s plans to participate in the joint venture with a distribution company (MZV / Klambt)
German Competition Authority (Bonn)
Germany 432 contributions 110051 visits
Bundeskartellamt clears Klambt’s participation in MZV* The Bundeskartellamt has cleared plans by the magazine publisher Klambt to participate in the joint venture MZV Moderner Zeitschriften-Vertrieb previously controlled by FUNKE Mediengruppe and Burda. The authority specifically examined the (...)

State Aid

 The EU Commission consults Member States on a draft proposal to prolong the State aid Temporary Framework and to extend its scope with the intended aim of further accelerating economic recovery for businesses still impacted by the COVID-19 pandemic Free
Jones Day (Brussels)
Belgium 22 contributions 23760 visits
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Jones Day (Brussels)
Belgium 8 contributions 2977 visits
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Jones Day (Brussels)
Belgium 11 contributions 3612 visits
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On 30 September 2021, the Commission launched its consultation with Member States on a draft proposal to prolong the State aid Temporary Framework until 30 June 2022 and to extend its scope with the intended aim of further accelerating economic recovery. The Temporary Framework, to recall, was (...)

The EU Commission in two separate decisions clears Italian public support for a ferry service and closes the investigation on another ferry service that has since been put into liquidation (Laziomar) (Saremar)
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
State aid: Commission clears Italian public support for Laziomar ferry service; closes investigation concerning support to Saremar* The European Commission has concluded that the public service compensation granted since 2011 to Laziomar S.p.A. (‘Laziomar’) for the operation of ferry services in (...)

The Spanish High Court voids an agreement between the national government and a local authority to expand the terrestrial television network in rural areas on the grounds that it breached EU State aid rules (La Manche)
Judicial Ethics Commission (Madrid)
39 contributions 2089 visits
The Spanish National High Court declares that the agreement between the State and the Autonomous Community of Castile-La Mancha for the access to digital terrestrial television is void on the ground that it infringed the rules of EU law on State aid in the terms decided by the European (...)

The EU Commission sends a draft proposal to Member States on the future of the State aid Temporary Framework Free
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
Commission Statement on consulting Member States on proposal on the future of the State aid Temporary Framework* Today, the European Commission has sent to Member States for consultation a draft proposal to prolong until 30 June 2022 the State aid Temporary Framework, while setting out the (...)

The EU General Court confirms the Commission’s decision on State aid granted by Austria to an airline company due to an expired ten year limitation period (Ryanair)
Maastricht University
Belgium 338 contributions 58477 visits
Market Economy Operator* Comparing prices charged by different airports is not a suitable method for detecting the existence of selective advantages. Introduction Airports enter into complex agreements with airlines. When airports are in public ownership or operate under a mandate by the (...)

The EU Commission approves the 2022-2027 regional aid map for Poland
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
State aid: Commission approves 2022-2027 regional aid map for Poland* The European Commission has approved under EU State aid rules Poland’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (“RAG”). The revised (...)

The EFTA Surveillance Authority approves amendments to the Norwegian compensation scheme for organizers of canceled or downscaled cultural events due to the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26771 visits
COVID-19 pandemic: ESA approves amendments to Norwegian compensation scheme for organisers of cancelled or downscaled cultural events* The EFTA Surveillance Authority (ESA) has today approved the renewal of a Norwegian scheme to compensate organisers and subcontractors for losses related to (...)

The EFTA Surveillance Authority approves amendments to a Norwegian compensation scheme for businesses suffering financial losses amidst the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26771 visits
COVID-19 pandemic: ESA approves amendments to Norwegian compensation scheme for businesses suffering financial losses* The EFTA Surveillance Authority (ESA) has today approved changes to a Norwegian support scheme for businesses seeking compensation for COVID-19-related financial difficulties. (...)

The EU General Court annuls the Commission’s decisions that an arbitration award setting an allegedly preferential tariff for electricity does not involve the granting of an advantage to an aluminum producer (Mytilinaios)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 28890 visits
The General Court annuls the decisions by which the Commission found that an arbitration award setting an allegedly preferential tariff for electricity did not involve the granting of an advantage to the aluminium producer Mytilinaios* The Commission was required to examine diligently, (...)

The EFTA Surveillance Authority approves a renewal of temporary amendments to Norwegian tax refund scheme for seafarers amidst the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26771 visits
COVID-19 pandemic: ESA approves renewal of temporary amendments to Norwegian tax refund scheme for seafarers* The EFTA Surveillance Authority has today approved the renewal of temporary amendments to a Norwegian aid scheme granting tax refunds to shipping companies aimed at off-setting the (...)

The EU Commission approves an award of slots at the Paris-Orly airport to a low-cost airline company in the context of its competitor’s recapitalisation due to the COVID-19 pandemic (Vueling / Air France) Free
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
State aid: Commission approves award of slots at Paris-Orly airport to Vueling in context of Air France’s recapitalisation* The European Commission has ranked Vueling first among the air carriers that have applied for the portfolio of up to 18 daily slots at Paris-Orly airport. These will be (...)

The EU Court of Justice upholds the Commission’s decision finding that the Belgian tax rulings regarding excess profits qualify as a State aid scheme (Magnetrol International)
Ashurst (Brussels)
Belgium 36 contributions 8609 visits
On 16 September 2021, the ECJ handed down its much awaited judgment on whether the Belgian tax rulings concerning excess profits could be classified as an aid scheme (as opposed to individual aid measures). The ECJ set aside the General Court’s judgment and backed the European Commission’s (...)

The EU Commission approves €1.24 billion Italian scheme to support companies hiring young workers in the context of the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
State aid: Commission approves €1.24 billion Italian scheme to support companies hiring young workers in the context of the coronavirus outbreak* The European Commission has approved a €1.24 billion Italian scheme to support companies hiring young workforce in the context of the coronavirus (...)

The EU Court of Justice upholds the judgment of the General Court that Czech measures for the support of renewable sources of energy constitute State aid (FVE Holýšov)
Maastricht University
Belgium 338 contributions 58477 visits
Legitimate Expectations and the “Right” to State Aid* Introduction As the process of transition to green economy accelerates, Member States have been reducing the subsidies they promised to grant to the early investors in the production of electricity from renewable sources of energy [RES]. (...)

The EU Commission approves a 2022-2027 regional aid map for Hungary
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
State aid: Commission approves 2022-2027 regional aid map for Hungary* The European Commission has approved under EU State aid rules Hungary’s map for granting regional aid from 1 January 2022 to 31 December 2027. The Hungarian regional aid map is among the first maps approved by the Commission (...)

The EU Commission approves a 2022-2027 regional aid map for Slovakia
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
State aid: Commission approves 2022-2027 regional aid map for Slovakia* The European Commission has approved under EU State aid rules Slovakia’s map for granting regional aid from 1 January 2022 to 31 December 2027. The Slovak regional aid map is among the first maps approved by the Commission (...)

The EU Court of Justice sets aside a General Court ruling and finds that Belgian "excess profit rulings" may constitute a State aid scheme and remands the case back to the General Court to consider whether there was illegal State aid (Magnetrol International)
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8301 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 4728 visits
On 16 September 2021, the CJEU delivered its judgment on whether the Belgian system of excess profit rulings (EPRs) constituted a scheme or not. The CJEU set aside the GCEU’s judgment that annulled the EC’s decision qualifying the EPRs as an aid scheme. The CJEU referred the case back to the GCEU (...)

The EFTA Surveillance Authority approves a production grant scheme for private media outlets in Iceland in the context of the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26771 visits
ESA approves production grant scheme for private media outlets in Iceland* The EFTA Surveillance Authority (ESA) has today approved a grant scheme for private media outlets in Iceland. The scheme aims to improve operating conditions and strengthen the media’s role in providing factual (...)

The EU Commission approves a €3 billion French scheme to provide debt and capital support to companies affected by the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
State aid: Commission approves €3 billion French scheme to provide debt and capital support to companies affected by the coronavirus outbreak* The European Commission has approved, under EU State aid rules, French plans to set up a €3 billion fund that will invest through debt, hybrid and equity (...)

The EU Commission concludes after an in-depth investigation that Italian loans worth €900 million granted to a national airline are illegal aid (Alitalia)
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
State aid: Commission concludes Italian loans worth €900 million to Alitalia are illegal aid* The European Commission has concluded that two State loans for an amount of €900 million, granted by Italy to Alitalia in 2017, are illegal under EU State aid rules. Italy must therefore recover the (...)

The EU Commission finds that a new Italian airline company is not an economic successor and therefore is not liable to repay an illegal State aid received by another national air carrier (ITA / Alitalia)
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
State aid: Commission finds new air carrier ITA is not Alitalia’s economic successor and Italy’s capital injections into ITA are market conform* The European Commission has found that Italia Trasporto Aereo S.p.A. (“ITA”) is not the economic successor of Alitalia and, hence, it is not liable to (...)

The EU Commission finds that Denmark and Sweden need to recover €66 million of incompatible aid resulting from two capital injections granted to a postal company (PostNord / Post Danmark)
European Commission - DG COMP (Brussels)
Belgium 1295 contributions 2698618 visits
State aid: €314.6 million capital injection from PostNord to Post Danmark does not constitute State aid; Denmark and Sweden need to recover €66 million of incompatible aid from PostNord* The European Commission has found that an internal capital injection of DKK 2.34 billion (approximately (...)

The EU Commission orders the recovery of State aid to a postal operator by two Member States which had provided three capital injections in order to stop a predicted reclassification of the undertaking’s credit rating (PostNord / Post Danmark)
Maastricht University
Belgium 338 contributions 58477 visits
Injection of Capital in a Postal Operator* The resources of a public undertaking necessarily count as “state resources”, regardless of the degree of autonomy of the public undertaking. However, not every decision of a public undertaking can necessarily be “imputed” to the state. A prudent (...)

The EU Court of Justice rules that the Commission must re-examine whether the sale of a motorsports association entails a grant of State Aid (Ja zum Nürburgring / NeXovation)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 95201 visits
The Commission must re-examine whether the sale of the Nürburgring in 2014 entailed a grant of State aid* In the same year, it wrongly ruled out the presence of doubts as to the possible existence of an advantage conferred on the buyer and decided not to open a formal investigation procedure (...)

Procedures

 The Indonesian Supreme Court issues new rules for appeal hearings of decisions of the Competition Authority at the Commercial Court
Baker McKenzie (Jakarta)
Indonesia 3 contributions 409 visits
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Baker McKenzie (Jakarta)
Indonesia 2 contributions 393 visits
A new regulation extending trials to a minimum of three months may help facilitate a more thorough appeals process. On 16 September 2021, the Indonesian Supreme Court ("ISC") issued new procedural rules for the appeal of decisions of the Indonesian Competition Commission ("ICC") at the (...)

The US District Court for the District of Delaware enters a federal jury’s verdict sanctioning a company for committing antitrust violations under Sections 1 and 2 of the Sherman Act in the honeycomb carbon adsorbents scrubbers in fuel vapor canisters market (BASF / Ingevity)
Morgan Lewis (Philadelphia)
United States 6 contributions 784 visits
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Morgan Lewis (Boston)
United States 4 contributions 1036 visits
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Morgan Lewis (Philadelphia)
United States 2 contributions 354 visits
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A recent BASF jury verdict highlights the breadth of the Sherman and Clayton Acts—particularly the remedies available to plaintiffs involved in the manufacturing of goods—if supply agreements are found to hinder marketplace competition. The verdict serves as an important reminder for automotive (...)

The Spanish Supreme Court affirms an injunction against the Competition Authority’s decision to stop a transport company from bidding for public contracts (Transporte Escolar Murcia)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45124 visits
The Judgment of the Supreme Court (the Judgment) addressed an appeal brought by the CNMC against an Order of the High Court provisionally staying the sanctions in Decision of 20 June 2019, Transporte Escolar Murcia, file SAMUR/02/2018. The importance of the Judgment lies on the nature of the (...)

The Moscow Arbitration Court overturns the Court of Appeal’s ruling and supports the Competition Authority’s decision to fine 3 companies in the coal supply market for entering into an anticompetitive agreement (TGC-2 / ArhoblEnergo / TEK)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54433 visits
Cassation supported FAS regarding agreement in the coal supplies* The Arbitration Court of the Moscow District overturned the decision of the court of the first instance and the ruling of the court of appeal and adopted a new judicial act in favour of the authority It should be reminded that (...)

The Lithuanian Supreme Administrative Court orders the Competition Authority to recalculate the fines it imposed on two companies for obstructing its investigation (Būsto aplinka / Mano Būsto priežiūra)
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19298 visits
LITHUANIAN COMPETITION AUTHORITY IS OBLIGED TO ASSIGN INDIVIDUAL SANCTIONS IN OBSTRUCTION CASE* The Supreme Administrative Court of Lithuania (Court) announced that the Lithuanian competition authority should recalculate the fines for the companies Būsto aplinka and Mano Būsto priežiūra which (...)

The EU Court of Justice AG Bobek proposes to include protected legal interests within the threefold conditions for the ne bis in idem principle thereby allowing the Belgian Competition Authority to pursue a fine against a postal incumbent which had already been fined by its sectoral regulator (bpost / Nordzuck)
Van Bael & Bellis (Brussels)
Belgium 36 contributions 10500 visits
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Van Bael & Bellis (Brussels)
United Kingdom 144 contributions 50274 visits
On 2 September 2021, Advocate General (AG) Bobek delivered his opinion in case C-117/20, bpost SA v. Autorité belge de la Concurrence, on the conditions of application of the ne bis in idem principle, pursuant to which one cannot be tried or punished for an infringement for which one has already (...)

The EU Court of Justice AG Bobek proposes a unified test for the protection against double jeopardy under the EU Charter of Fundamental Rights (bpost / Nordzuck)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 95201 visits
Advocate General Bobek proposes a unified test for the protection against double jeopardy (ne bis in idem) under the EU Charter of Fundamental Rights* That test should rely on a threefold identity: of the offender; of the relevant facts; and of the protected legal interest A Belgian and an (...)

Regulatory

 The EU Commission proposes an updated list of projects and programs of EU interest annexed to the FDI Screening Regulation
Van Bael & Bellis (Brussels)
Belgium 28 contributions 3676 visits
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Van Bael & Bellis (Brussels)
Belgium 3 contributions 349 visits
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Legance - Studio Legale (Milan)
Italy 5 contributions 1834 visits
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Foreign Direct Investment: Recent Developments at European Union, United Kingdom and EU Member State Level EUROPEAN UNION LEVEL European Commission proposes updated list of projects and programmes of EU interest annexed to FDI Screening Regulation On 29 September 2021, the European (...)

The Swiss Parliament approves a counterproposal to the fair-price-initiative, which includes almost all amendments requested by the initiative
Schellenberg Wittmer (Zurich)
Switzerland 2 contributions 1556 visits
Switzerland: Successful Fair-Price Initiative introduces new rules on relative market power* In 2016, a public initiative was launched in Switzerland, requesting amendments to the Cartel Act in order to enforce non-discriminatory procurement of goods and services abroad by Swiss purchasers. (...)

The Hong Kong Competition Authority responds to the national transport department’s consultation on the low-cost bus service sector (Franchises of Citybus / Long Win Bus / New World First Bus)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 45 contributions 9959 visits
Response to the Transport Department’s Proposal to Issue New Franchises to Incumbent Bus Operators* Introduction and summary The Competition Commission (the Commission) welcomes the opportunity to respond to the Transport Department’s (TD’s) consultation on “Franchises of Citybus Limited (...)

The US Department of Health and Human Services releases its widely anticipated comprehensive plan for addressing high drug prices
White & Case (New York)
United States 1 contribution 240 visits
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White & Case (New York)
United States 6 contributions 1808 visits
On September 9, 2021, the Department of Health and Human Services ("HHS") released its widely anticipated "Comprehensive Plan for Addressing High Drug Prices." The HHS report supports far-reaching legislative and administrative actions. These include changes that would allow the government to (...)

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