Absolute territorial protection

Dominance

 The UK Competition Authority publishes its Guidance for the Vertical Agreements Block Exemption Order
Van Bael & Bellis (London)
United Kingdom 13 contributions 2297 visits
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Van Bael & Bellis (London)
United Kingdom 16 contributions 3636 visits
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Van Bael & Bellis (London)
United Kingdom 8 contributions 1753 visits
Long awaited developments over the summer provided some appreciable clarity on the refreshed UK distribution regime (following the UK’s withdrawal from the EU). In particular, pursuant to a consultation process that ran almost in parallel to the equivalent EU process, and also adopting the (...)

The UK Competition Authority investigates a Big Tech company over suspected anti-competitive behaviour (Apple App Store)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA investigates Apple over suspected anti-competitive behaviour* The CMA has launched an investigation into Apple following complaints that its terms and conditions for app developers are unfair and anti-competitive. In addition to designing, manufacturing and marketing electronic devices (...)

The Hungarian Competition Authority fines a Dutch-owned multinational beer company for establishing an exclusive supplier cooperation with a restaurant (Heineken / Woda)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19902 visits
GVH fines, injunctions and commitments for Heineken* Heineken will have to pay a fine of HUF 15 million for narrowing the range of beer selection on the Hungarian market. Heineken will also have to set up a compliance programme with its HORECA partners to consciously avoid clauses that (...)

The EU Commission issues a Statement of Objections to clothing retailers for implementing anticompetitive cross-border sales restrictions (Pierre Cardin / Ahlers)
Van Bael & Bellis (Brussels)
Belgium 12 contributions 2550 visits
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Van Bael & Bellis (Brussels)
Belgium 175 contributions 58679 visits
Main take-aways Pierre Cardin and its licensee Ahlers receive statement of objections; Commission recognises its limited ability to tackle unilateral territorial supply constraints; Pending investigation of Mondelēz covers both collusive and unilateral (possible) restraints; Forthcoming Valve (...)

The Italian Council of State confirms the finding of an abuse of dominance against an FMCG company in the market for the distribution of impulse ice creams (Unilever Italia)
Municipality of Cagliari
168 contributions 134418 visits
Introduction By the judgment recently issued in the Unilever-AGCM case, the Italian Council of State (the Court) has uphold an infringement decision of the Italian Competition Authority (ICA) against Unilever . The ICA had found that Unilever and its distributors violated Article 102 TFEU. (...)

The Italian Council of State upholds the fine imposed by the Competition Authority on an FMCG company for entering into unlawful exclusivity agreements with retailers (Unilever Italia)
Van Bael & Bellis (Brussels)
Belgium 62 contributions 15412 visits
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Van Bael & Bellis (Brussels)
Belgium 32 contributions 6138 visits
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Van Bael & Bellis (Brussels)
Belgium 9 contributions 1912 visits
On 11 July 2023, the Italian Supreme Administrative Court (“Court”) upheld the fine imposed by the Italian Competition Authority (“ICA”) on Unilever for entering into unlawful exclusivity agreements with retailers, thus confirming the ICA’s highly restrictive view on the relevance and (...)

The Romanian Competition Authority investigates a possible exclusive distribution by a multinational video game company and its subsidiaries
Romanian Competition Council (Bucharest)
Romania 160 contributions 29508 visits
THE ROMANIAN COMPETITION COUNCIL IS INVESTIGATING THE MARKET FOR THE DISTRIBUTION OF PLAYSTATION COMPATIBLE VIDEO GAMES* The Romanian Competition Council has started an investigation regarding the potential infringement of competition rules by Sony Interactive Entertainment Europe Limited (...)

The Belgian Supreme Court departs from its own caselaw and confirms the arbitrability of exclusive distribution agreements in landmark judgments (Thibelo / Stölzle-Oberglas)
Van Bael & Bellis (Brussels)
Belgium 63 contributions 28087 visits
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Van Bael & Bellis (Brussels)
Belgium 1 contribution 170 visits
On 7 April 2023, the Belgian Supreme Court held that the Belgian rules on the unilateral termination of exclusive distribution agreements of indefinite duration, as contained in Articles X.35 through X.40 of the Code of Economic Law (Wetboek van Economisch Recht / Code de droit économique – (...)

The EU Court of Justice holds that the abusive conduct of independent legal entities can be imputed to the dominant entity due to the special responsibility held by dominant entities pursuant to Article 102 of TFEU (Unilever Italia)
Van Bael & Bellis (Brussels)
Belgium 32 contributions 6138 visits
On 19 January 2023, the Court of Justice of the European Union (“ECJ”) delivered its judgment in the Unilever case (Case C-680/20) concerning the allegedly exclusionary strategy implemented by Unilever in Italy and consisting of the imposition by Unilever’s distributors of exclusivity clauses (...)

The German Competition Authority receives a Big Tech company’s response that its virtual reality headsets can now be used without an account on its social network (Meta Quest / Meta)
German Competition Authority (Bonn)
Germany 458 contributions 117190 visits
Meta (Facebook) responds to the Bundeskartellamt’s concerns – VR headsets can now be used without a Facebook account* Users who want to use the Quest 2 VR headset offered by Meta Quest (formerly Oculus) no longer need a Facebook account to do so. Meta has responded to the Bundeskartellamt’s (...)

The Spanish Competition Authority fines a pharmaceutical company €10.25M for selling its orphan drug for the treatment of a rare disease at an excessive price (Leadiant)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31825 visits
The CNMC fines the pharmaceutical company Leadiant 10.25 million for selling its orphan drug for the treatment of a rare disease at an excessive price.* The company has abused its dominant position as the holder of the only medicine available in Spain for the treatment of a rare disease: (...)

The EU General Court confirms abuse of dominance by a Big Tech company through tying, with the real legacy of the case extending far beyond (Google Android)
Centre for Economic Policy Research (CEPR) (London)
United Kingdom 33 contributions 79410 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The General Court confirmed on 14 September 2022 the EC finding in 2018 that Google had abused its dominance by tying its Android operating system with its app (...)

The Italian Competition Authority fines a Big Tech company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon)
European Court of Justice (Luxembourg)
Luxembourg 4 contributions 1420 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7165 visits
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Portolano Cavallo (Milan)
Italy 63 contributions 10442 visits
On December 9, 2021, the Italian competition authority (the “ICA” or “AGCM”) has levied its highest ever administrative fine—€1.128 billion—on Amazon Europe Core S.à r.l., Amazon Services Europe S.à .r.l., Amazon EU S.à r.l., Amazon Italia Services S.r.l., and Amazon Italia Logistica S.r.l. (...)

The EU Court of Justice AG Rantos suggests to the Court criteria to qualify abusive exploitation for a dominant position involving exclusionary practices (Servizio Elettrico Nazionale)
ACTECON (Istanbul)
Turkey 13 contributions 1931 visits
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ACTECON (Istanbul)
Turkey 2 contributions 449 visits
Introduction: In recent weeks, highly praised opinion ("Opinion”) of the Advocate General Rantos, which was originally published in French, is released in English. In this article, we summarized the opinion of the Advocate General in four short sections and, supplemented each section with (...)

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)
Turkey 173 contributions 84381 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 6 contributions 704 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 (...)

The US FTC charges a semiconductor supplier with illegal monopolization through exclusive dealing in the market for components used to deliver TV and broadband internet services (Broadcom)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47046 visits
FTC Charges Broadcom with Illegal Monopolization and Orders the Semiconductor Supplier to Cease its Anticompetitive Conduct* The Federal Trade Commission has issued a complaint charging Broadcom with illegally monopolizing markets for semiconductor components used to deliver television and (...)

The Indian Competition Authority opens an investigation into a Big Tech company for abusing its dominance in the market of smart TV operating systems and market for related mobile apps (Google / Xiaomi / TCL)
National Law University Odisha (Cuttack)
India 1 contribution 752 visits
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National Law University Odisha (Cuttack)
India 1 contribution 752 visits
In its order dated 22nd June 2021, the Competition Commission of India (CCI) directed an investigation against Google after being prima facie convinced of it abusing its dominance in the market of licensable smart TV device operating systems (OS) as well as the market for app store for Android (...)

The Indian Competition Authority finds that several exclusive wholesalers of country liquor did not discriminate against the suing distillery (Starlight Bruchem / Flora and Fauna Housing Land Developments / ... )
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18882 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20936 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19841 visits
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In the latest of a line of cases involving the liquor sector, the CCI found that a number of exclusive licensees for the wholesale trade in country liquor in the state of Uttar Pradesh had not abused their dominant position in failing to source liquor from the Informant, Starlight Bruchem Ltd. (...)

The Indian Competition Authority issues an interim behavioral remedy to relist franchise hotel properties on certain platforms before concluding the abuse of dominant position investigation against them (MMT-Go / Treebo / FabHotels)
Economic Laws Practice (New Delhi)
India 1 contribution 771 visits
In a first-of-its-kind order, the Competition Commission of India (“CCI”) has used its power to grant interim relief to applicants in a two-sided digital market. On 9 th March 2021, CCI ordered MMT-Go to relist properties of Treebo and FabHotels on its platform. CCI received information (...)

The Danish Maritime and Commercial High Court confirms the Competition Authority’s decision stating that a German engine manufacturer abused its dominant position (Deutz / Diesel Motor Nordic)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36478 visits
Danish Maritime and Commercial High Court: Deutz and Diesel Motor Nordic infringed competition legislation by preventing the supply of spare parts for the IC3-trains* On 11 January 2021, the Maritime and Commercial High Court has confirmed that Deutz abused its dominant position by refusing (...)

The Danish Maritime and Commercial High Court upholds the Competition Authority’s decision finding an abuse of dominance and an anti-competitive agreement between a German internal combustion engine manufacturer and its national distributor in the railway sector (Deutz / Diesel Motor Nordic)
Bird & Bird (Copenhagen)
Denmark 36 contributions 8355 visits
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Bird & Bird (Copenhagen)
Denmark 23 contributions 2639 visits
The case centred around a consortium that was handling the renovation of the engines of the IC3 trains of the Danish State Railways. A member of the consortium, Fleco ApS (Fleco), was in several ways restricted from buying spare parts to be used in the renovation of the train engines. The (...)

The Danish Maritime and Commercial High Court confirms a decision of the Competition Authority finding that a German internal combustion engine manufacturer had both abused its dominant position and entered into an anti-competitive agreement with its Danish dealer (Deutz / Diesel Motor Nordic)
Aquis Exchange
Royaume-Uni 12 contributions 2201 visites
On 11 January 2021, the Danish Maritime and Commercial High Court (“MCC”) confirmed a decision of the Danish Competition Council (“DCC”) finding that the German internal combustion engine manufacturer Deutz had both abused its dominant position and entered into an anti-competitive agreement (...)

The Italian Competition Authority condemns a ticketing and marketing company for committing exclusionary abuse (TicketOne)
Van Bael & Bellis (Brussels)
Belgium 32 contributions 6138 visits
On 22 December 2020, the Italian Competition Authority (“ICA”) imposed a fine of around € 10.8 million on several companies belonging to the ticketing and marketing for music company, CTS Eventim-TicketOne group (“TicketOne”) for abuse of its dominant position on the Italian market for the (...)

The Italian Competition Authority fines a national ticket operator for abuse of dominant position in the entertainment sector (TicketOne)
Luiss Guido Carli University (Rome)
Italy 15 contributions 11496 visits
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Luiss Guido Carli University (Rome)
Italy 7 contributions 4360 visits
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Luiss Guido Carli University (Rome)
Italy 7 contributions 2626 visits
TicketOne S.p.A. (hereinafter "TicketOne") is the leading company in Italy in ticketing, marketing, information and e-commerce services, with specific reference to live music events. TicketOne is controlled by CTS Eventim AG & Co. KGaA, which holds 99.65% of the share capital. CTS Eventim (...)

The Italian Competition Authority fines a national ticket sale company €10 million for abuse of dominant position (TicketOne)
Italian Competition Authority (Rome)
Italy 72 contributions 19349 visits
TicketOne fined for €10 million for abuse of dominant position* The group has implemented a complex strategy aimed at precluding competing operators from selling a high number of tickets for live pop music events. Consumers, unable to benefit from better services and lower prices charged by (...)

The Irish Competition Authority seeks High Court order on ticket sales and distribution company’s agreement (Ticketmaster)
Irish Competition Authority (Dublin)
Ireland 104 contributions 16756 visits
CCPC seeks High Court order on Ticketmaster agreement* Why did the CCPC investigate ticketing? In January 2017, the Competition and Consumer Protection Commission (CCPC) commenced an investigation into suspected anti-competitive practices in relation to the provision of tickets and the (...)

The Australian Competition Authority alleges that an ice-cream supplier infringed competition law by engaging in exclusive dealing (Peters Ice Cream)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
Peters allegedly hindered or prevented competition in ice-cream supply* The ACCC has instituted Federal Court proceedings against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters), alleging it engaged in conduct which hindered or prevented competition for the supply of (...)

The Spanish Competition Authority initiates disciplinary proceedings against an industrial equipment supplier for alleged resale price maintenance and related restrictive practices (Maquinaria Garrido)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31825 visits
The CNMC initiates disciplinary proceedings against Maquinaria Garrido S.L. for alleged practices prohibited by the Anti-Trust Law* It is investigating the possible restriction of passive sales by its official distributors outside its exclusive territory, and the possible fixing of resale (...)

The Japanese FTC closes investigation into exclusionary conduct by gas company due to lack of evidence (Osaka Gas)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 25043 visits
Closing the investigation on the suspected violation of the Antimonopoly Act by Osaka Gas Co., Ltd.* The Japan Fair Trade Commission (hereinafter “JFTC”) has investigated Osaka Gas Co., Ltd. (hereinafter “Osaka Gas”), in accordance with the provisions of the Antimonopoly Act. Osaka Gas has (...)

The Cypriot Competition Authority fines a detergent seller €3.3M for abuse of dominance and obstruction of parallel imports of its products by competitors (Κ.A.C. Constantinides Trading / GPM-Henkel)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9167 visits
The Commission for the Protection of Competition has imposed on Henkel AG & Co. KGaA, jointly and severally with GPM-Henkel Ltd, a total administrative fine amounting to €3.302.000 (three million, three hundred and two thousand euro) for infringement of Section 6(1)(b) of the Law and the (...)

The EU Commission seeks feedback on commitments offered by a TV box company in an abuse of dominance investigation involving exclusivity agreements (Broadcom)
Van Bael & Bellis (Brussels)
Belgique 4 contributions 670 visites
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Van Bael & Bellis (Brussels)
Belgique 191 contributions 67207 visites
On 27 April 2020, the European Commission (the “Commission”) invited interested parties to submit comments on the commitments offered by Broadcom under Article 9 of Regulation 1/2003 to address competition concerns in relation to certain exclusivity and quasi-exclusivity agreements allegedly (...)

The Danish Maritime and Commercial Court finds a medicine distributor guilty of abusing its dominant position (CD Pharma)
Bird & Bird (The Hague)
Pays-Bas 34 contributions 8965 visites
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Bird & Bird (Copenhagen)
Denmark 36 contributions 8355 visits
On 3 March 2020, the Danish Maritime and Commercial Court found a medicine distributor, CD Pharma AB, guilty of having abused its dominant position back in 2014. Due to its dominant position, the undertaking in question had a special responsibility not to harm competition – a responsibility (...)

The EU Commission imposes interim measures on a technology company suspected to have abused its dominance in the TV and modem chipset markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
Antitrust: Commission imposes interim measures on Broadcom in TV and modem chipset markets* The European Commission has ordered Broadcom to stop applying certain provisions contained in agreements with six of its main customers. This will prevent serious and irreparable harm to competition (...)

The EU Commission opens an investigation against a designer of integrated circuits for wired communication devices and sends a Statement of Objections seeking to impose interim measures in TV and modem chipsets markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
The European Commission has opened a formal antitrust investigation to assess whether Broadcom may be restricting competition through exclusivity practices, in breach of EU rules. The Commission intends to impose interim measures during the investigation with regard to TV and modem chipsets (...)

The EU Commission announces it will use its interim measures in investigating a major chipmaker’s abuse of dominance (Broadcom)
Dechert (Brussels)
Belgique 26 contributions 36617 visites
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Dechert (Brussels)
Belgium 9 contributions 12445 visits
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Dechert (Brussels)
Belgium 3 contributions 2685 visits
Key Takeaways In a potentially ground-breaking move, the European Commission recently announced its intention to use its powers to impose interim measures in an investigation targeting chipmaker Broadcom. If it does impose such measures, it would be the first use of these powers in 18 years. (...)

The Czech Supreme Court confirms that invoking trademark rights to prevent parallel imports can amount to an abuse of dominance (Fiskars / Mountfield)
Skils (Prague)
Czech Republic 35 contributions 26249 visits
On 29 May 2019, the Supreme Court (SC) partially granted an extraordinary appealed lodged by Mountfield against the previous judgment of the High Court in Prague of 23 May 2017 (Ref.No. 3 Cmo 132/2016) in a dispute with Fiskars concerning an alleged violation of Firskars’ rights to trademarks (...)

The Philippine Competition Authority files a lawsuit against a mass housing developer for abuse of dominance (Condo developer)
Philippine Competition Commission
Philippines 1 contribution 141 visits
The Enforcement Office of the Philippine Competition Commission (PCC) has filed a case against a mass housing developer for breaching the antitrust law by engaging in an exclusive internet service tie-up on its property in Tondo, Manila. In a Statement of Objections filed on March 27, the (...)

The Turkish Competition Authority fines a company for resale price maintenance after the Council of State annulled its first decision finding no infringement regarding prepaid card prices (Turkcell II)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84381 visits
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Kia (Frankfurt)
Germany 6 contributions 2971 visits
The Turkish Competition Board published its reasoned decision on an additional investigation on whether Turkcell İletişim Hizmetleri A.Ş. has violated the Law No. 4054 on the Protection of Competition through resale price maintenance and exclusivity practices (19-03/23-10; 10.01.2019). The (...)

The Cypriot Competition Authority rejects allegations of abuse of dominance regarding an exclusive dealing agreement for the supply of hairdressing salon products (Angela Antoniadou / A.J. Vouros)
Harris Kyriakides (Cyprus)
Cyprus 1 contribution 191 visits
Introduction On 30 November 2018, the Cyprus Commission for the Protection of Competition (the Commission) rejected a cοmplaint for infringement of Section 6 of the Protection of Competition Law (Law 13(I)/2008), as amended (the Law). The aforementioned alleged infringement was based on the (...)

The Danish Competition Appeals Tribunal upholds the decision fining a pharmaceutical distributor for excessive pricing (CD Pharma)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 67207 visites
On 29 November 2018, the Danish Competition Appeals Tribunal upheld a 31 January 2018 decision of the Danish Competition Authority (“DCA”) finding that CD Pharma abused its dominant position on the Danish market by charging excessive prices for the sale of oxytocin, a hormone that acts as a (...)

The Hellenic Competition Authority fines a pharmaceutical company for reducing supplies of medicines to wholesalers (GlaxoSmithKline)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 67207 visites
On 11 July 2018, the Hellenic Competition Commission (“HCC”) adopted a decision (the “Decision”) fining Glaxosmithkline (“GSK”) a total of €4.1 million for abusing its dominant position in relation to two pharmaceutical products: Imigran (an anti-migraine product) and Lamictal (an (...)

The Hellenic Competition Authority fines a pharmaceutical company for abuse of dominance in the market of migraine medicines (GlaxoSmithKline)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18620 visits
Decision concerning GLAXOSMITHKLINE SA and GLAXOSMITHKLINE plc’s supply policy of medicinal products LAMICTAL, IMIGRAN and SEREVENT in the Greek market, following the partial referral of the case back to the Hellenic Competition Commission (HCC) by the Athens Administrative Court of Appeals (...)

The Indian Competition Authority opens an investigation into the abuse of dominance by an oil and natural gas company in the market for charter hire of offshore support vehicles (Indian National Shipowners’ Association / Oil and Natural Gas Corporation)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI directs investigation against Oil and Natural Gas Limited (‘ONGC’) for abuse of dominant position* The CCI by way of an order dated June 12, 2018 has directed investigation under Section 26(1) of the Act against ONGC for abusing its dominant position in the relevant market for “charter (...)

The Italian Regional Administrative Court of Lazio upholds fine for abuse of dominance in the ice-cream market through rebates and exclusivity clauses (Unilever / Distribuzione Gelati)
European Commission - DG COMP (Brussels)
Belgium 11 contributions 6644 visits
The AGCM fined Unilever Italia Mkt Operations Srl (“Unilever”), which belongs to the Unilever Group and is active in the production and distribution of ice cream, food and home and personal care products, EUR 60.669 million for infringing Article 102 TFEU by putting in place exclusivity (...)

The Cypriot Competition Authority sends a Statement of Objections to a chemical and consumer goods company suspected to have abused its dominant position (K.A.C. Constantinides Trading / GPM-Henkel)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9167 visits
The Commission for the Protection of Competition announces that it has notified Statements of Objections to Henkel AG & Co KGaA and its subsidiary GPM Henkel Ltd jointly and severally regarding a prima facie infringement of Section 6(1)(b) of the Protection of Competition Laws of 2008 and (...)

The Spanish Competition Authority closes abuse of dominance proceedings through a commitments decision against a pharmaceutical company (IMS Health)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47335 visits
On 13 July 2017, the NMCC closed the Article 102 TFEU and Article 2 of the Spanish Competition Act (Competition Act) proceedings related to the supply of pharmaceutical marketing data to IMS Health (IMS) by means of a commitments decision. The NMCC initiated the investigation, as a result of (...)

The Spanish Competition Authority closes investigation against a tonic water company following submission of competition commitments in a case related to restrictions of parallel trade (Schweppes / Red Paralela)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47335 visits
The NMCC has closed with commitments an investigation against Schweppes, S.A. related to restrictions of parallel trade. The Coca-Cola group and Orangina Schweppes Holding B.V. (OSHBV) share the ownership of the Schweppes trademark in the EU. Coca-Cola owns the Schweppes trademark in the UK (...)

The EU General Court addresses concepts of vexatious action and abuse of regulatory procedure in a judgment upholding rejection of a complaint (Agria Polska)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 67207 visites
On 16 May 2017, the General Court offered guidance on the concepts of vexatious action and abuse of regulatory procedure in the context of a judgment upholding a Commission decision to reject a complaint brought by Agria Polska and four other companies active in the parallel importation of (...)

The Indian Competition Authority opens an investigation for abuse of dominance by a global agricultural company but closes it due to its similarity with other open cases against the same company (Sri Rama Agri Genetics India / Mahyco Monsanto Biotech India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI initiates investigation against Mahyco Monsanto Group entities for abuse of dominance* CCI by its order dated March 14, 2017 has initiated an investigation against Mahyco Monsanto Group for abuse of dominance in relation to sub-license agreements through which Bt. technology is (...)

The Indian Competition Appellate Tribunal reverses the Indian Competition Authority’s decision for a second time and orders an investigation against movies producers (K Sera Sera Digital Cinema / Digital Cinema Initiatives)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
COMPAT orders investigation against producers of Hollywood movies* COMPAT by its order dated November 9, 2016 has ordered investigation against 6 producers of Hollywood films for the allegedly forcing a technology, called D-Cinema technology, for providing cinema screening under the auspices (...)

The Indian Competition Authority opens an investigation into alleged abuse of dominance practices by the national gas supplier with its customers (Rico Auto / Omax Autos / Rico Castings / GAIL Gas Authority of India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI initiates investigation against Gas Authority of India Limited (GAIL) for alleged abuse of dominance* CCI by its order dated October 3, 2016 has directed investigation against GAIL for alleged abuse of dominant position in relation to gas supply agreements (GSAs) with its customers. (...)

The French Competition Authority fines a supplier of rolled zinc for abuse of dominance (Umicore)
French Competition Authority (Paris)
France 748 contributions 411154 visits
The Autorité de la concurrence fines UMICORE, one of the global leaders in zinc, €69 million for abuse of dominant position towards its competitors by practicing during 9 years a trade policy aiming at constraining its distributors to supply themselves exclusively from the company* In brief (...)

The Indian Competition Authority fines the 15th car manufacturer for unilateral practices and anticompetitive agreements in the markets for spare car parts and car maintenance (Shri Shamsher Kataria / Honda Siel Cars India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI imposes a suspended penalty of INR 420 Crore on Hyundai Motor India Ltd. (HMIL)* CCI by its order dated July 27, 2015 has imposed a suspended penalty on HMIL. In continuation of the earlier order of CCI against car manufacturers, wherein the 14 car manufacturers were penalised for (...)

The Milan Court of Appeal overturns a judgment on screen scraping and intermediation of online travel agencies and rejects the allegations of abuse of dominance by an airline (Lastminute / Viaggiare / Ryanair)
European Court of Justice (Luxembourg)
Luxembourg 1 contribution 1296 visits
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Nunziante Magrone (Rome)
Italy 2 contributions 1867 visits
Introduction With two judgements delivered on June 2015 regarding cases brought by Lastminute.com S.r.l. and Viaggiare S.r.l. respectively against Ryanair , the Court of Appeal of Milan held that Ryanair’s refusal to grant travel agencies the right of intermediating its tickets does not (...)

The FTC seeks to secure first disgorgement in nearly a decade (Cardinal Health)
Womble Bond Dickinson (Charlotte)
United States 1 contribution 452 visits
FTC Seeks to Secure First Disgorgement in Nearly a Decade* The FTC announced yesterday that Cardinal Health, Inc. (“Cardinal”) has agreed to pay $26.8 million to resolve its investigation into the company’s alleged anticompetitive behavior. If approved by a federal court, the settlement (...)

The Bulgarian Competition Authority rules on parallel trade of pharmaceutical products and their limitations (Sopharma)
Tsvetkova Bebov Komarevski (Sofia)
10 contributions 4146 visits
Restrictions of Parallel Trade in Pharmaceuticals – Carte Blanche from the Bulgarian Competition Authority?* The Bulgarian Competition Protection Commission (“CPC” or “Commission”) has recently issued an important decision regarding the parallel trade of pharmaceuticals and the possibilities (...)

The EU General Court upholds the Commission’s decision finding that it had correctly demonstrated the anti-competitive nature of the exclusivity rebates granted by global manufacturer of computer processors (Intel)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 7710 visits
General Court upholds the EU Commission’s decision against Intel* On 12 June 2014 the General Court published its decision in the Intel case thereby upholding the Commission’s 2009 decision finding that Intel had abused its dominant position and imposed a fine of EUR 1.06 billion. On 13 (...)

The EU General Court upholds the Commission’s record fine and states that exclusivity-inducing rebates are anticompetitive by default (Intel)
European Commission - DG COMP (Brussels)
Belgium 9 contributions 7060 visits
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Intel and the future of Article 102* A test-case for the effects-based approach In a long-awaited ruling, last week’s General Court judgment has confirmed (...)

The South African Competition Tribunal dismisses a monopolization case brought by the Competition Commission against a leading brewer and distributor of beer and soft drinks (South African Breweries)
Primerio (Johannesburg)
South Africa 22 contributions 5801 visits
SA competition enforcer’s distribution monopoly case dismissed by Tribunal* South African Breweries distribution case dismissed The Competition Tribunal of South Africa has dismissed a monopolization case brought by the Competition Commission against South African Breweries (“SAB”). The (...)

The US FTC finds the largest domestic supplier of ductile iron pipe fitting liable for monopolization (McWane)
McDermott Will & Emery (Washington)
United States 16 contributions 3177 visits
On February 6, 2014, the Federal Trade Commission (FTC) released its opinion and final order against McWane Inc., finding the company unlawfully maintained its monopoly by excluding competitors. McWane Inc. is the largest domestic supplier of ductile iron pipe fittings, which are used in (...)

The Court of Bosnia and Herzegovina quashes the no-infringement decision of the Competition Authority based on the concept of “single economic entity” (Elektrokontakt)
University of Macau - Faculty of Law
Chine 284 contributions 226356 visites
On 25 February 2011 the Competition Authority of Bosnia and Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the dominant electricity distributor JP Elektroprivreda BiH d.d. and its 100% affiliate Eldis-tehnika d.o.o. The KV’s investigation (...)

The Danish Competition and Consumer Authority reports a German engine manufacturer and its local distributor for preventing the supply of spare parts for IC3-trains (Deutz)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36478 visits
The Danish Competition and Consumer Authority reports the German engine manufacturer Deutz AG and the company’s distributor in Denmark to the police* Following a ruling from the Danish Competition Appeals Tribunal, The Danish Competition and Consumer Authority reports the German engine (...)

The US District Court of California denies motion to dismiss in a case of anticompetitive exclusive dealing on the market for digital photo services for the tourism industry (Pro Search Plus / VFM Leonardo)
Bona Law (Detroit)
United States 24 contributions 5761 visits
Successful Mousetrap Builders Beware – Your Sales Contract Just Might Be “De Facto Exclusive Dealing”* Say you built a better mousetrap, the world beat a path to your door and now you have a high share of the mousetrap market. Let’s further assume that your customers find “the cost of (...)

Mergers

 The Spanish Competition Authority initiates disciplinary proceedings against a telecommunications company for entering into an exclusive broadcasting agreement with a sports streaming firm in breach of a merger commitment (Telefónica / Dazn)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31825 visits
The CNMC initiates disciplinary proceedings against Telefónica for the agreement with Dazn regarding the exclusive rights to Formula 1* Telefónica allegedly failed to comply with certain commitments it made when acquiring DTS (formerly Sogecable) in 2015. Telefónica’s wholesale supply of its (...)

The Israeli Competition Authority files an indictment against a major film distributor and a cinema company for breach of merger conditions due to refusal to supply to the competing cinemas (Mooki Greidinger / Forum Film)
Israel Competition Authority (Jerusalem)
Israël 17 contributions 2196 visites
The Competition Authority has filed an indictment against Mooki Greidinger and Forum Film Ltd. for breach of merger conditions committed under aggravating circumstances* According to the Indictment, the defendants have systematically refused to supply movies to Lev Tel Aviv Cinema, a (...)

The French Competition Authority refuses to lift the ban on exclusive broadcasting of premium sports channels pronounced against a pay TV channel (Canal Plus)
French Competition Authority (Paris)
France 748 contributions 411154 visits
The Autorité de la concurrence considers that the conditions are not currently satisfied to lift the ban on exclusive broadcasting of premium sports channels pronounced on Canal Plus. * The Autorité will engage, during the upcoming twelve months, in an in-depth work in dialogue with all the (...)

Procedures

 The EU General Court quashes the Commission’s €1B fine against a chip manufacturer due to multiple procedural failings and flawed analysis of the effect on competition (Qualcomm)
Ashurst (London)
United Kingdom 22 contributions 4529 visits
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Ashurst (London)
United Kingdom 1 contribution 226 visits
On 15 June 2022, the General Court quashed the European Commission’s 2018 decision which found that Qualcomm had abused its dominant position by making exclusivity payments to Apple in relation to the supply of LTE chipsets. The General Court annulled the decision in its entirety, on the (...)

The Australian Federal Court orders an ice cream manufacturer and distributor to pay $12M in penalties for its anti-competitive conduct in relation to the distribution of ice creams sold in petrol stations and convenience stores (Peters Ice Cream)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
Peters Ice Cream to pay $12 million penalty for anti-competitive exclusive dealing* The Federal Court has ordered that Australasian Food Group, trading as Peters Ice Cream, pay a $12 million penalty for anti-competitive conduct in relation to the distribution of ice creams sold in petrol (...)

The EFTA Court renders a judgment on the limitation period for damages claims (Nye Kystlink / Color Group and Color Li)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47651 visits
On 17 September 2018, the Court of Justice of the European Free Trade Association States (the “EFTA Court”) handed down its judgment in Nye Kystlink AS v Color Group AS and Color Line, Case E-10/17, answering preliminary questions asked by Norway’s Borgarting Court of Appeal (Borgarting (...)

The US District Court for the Eastern District of Michigan dismisses a Sherman Act class action lawsuit for lack of antitrust injury (Shain / Advanced Technologies)
Cleary Gottlieb Steen & Hamilton (Rome)
Italy 9 contributions 3273 visits
US District Court dismisses a Sherman Act class action lawsuit brought by former and current Bureau of Prison inmates for lack of antitrust injury* On 28 February 2017, the U.S. District Court for the Eastern District of Michigan (hereinafter, “District Court”) dismissed a putative class (...)

Regulations

 The UK Competition Authority invites views on the commitments proposed by a major national chargepoint operator to pave the way for opening up competition in charging of the electric vehicles sector (Gridserve / Electric Highway)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA to open up electric vehicle charging competition on motorways* CMA action is paving the way for greater investment, greater choice, and competition on prices for electric vehicle drivers, by opening up competition in the charging sector. CMA Chief Executive says “Healthy competition is (...)

The EU Commission publishes drafts of revised Vertical Block Exemption Regulation and Vertical Guidelines
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74418 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 17 contributions 4658 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21720 visits
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On 9 July 2021, following a comprehensive consultation process, the EU Commission (Commission) published its proposals for a revised Vertical Block Exemption Regulation (Draft VBER) and Draft Vertical Guidelines, due to replace the current regime which expires on 31 May 2022. The previous (...)

The EU Commission publishes for public consultation drafts of revised Vertical Block Exemption Regulation and revised Guidelines on vertical restraints
White & Case (London)
United Kingdom 27 contributions 13835 visits
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White & Case (Düsseldorf)
Germany 38 contributions 16039 visits
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White & Case (Brussels)
Belgique 50 contributions 38783 visites
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On 9 July 2021, the European Commission (EC) published for public consultation a draft revised Vertical Block Exemption Regulation (VBER) and draft revised guidelines on vertical restraints (Vertical Guidelines). The EC has made substantial revisions, including adjustments to the rules (...)

The EU Commission publishes drafts of the updated Vertical Block Exemption Regulation and the accompanying guidelines
Bird & Bird (The Hague)
Netherlands 34 contributions 8965 visits
On 9 July 2021, the European Commission published its long-awaited drafts of the updated Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines. The drafts are the result of an in-depth evaluation process that started in October 2018. The evaluation showed that many (...)

The EU Commission seeks public comments on draft revised Vertical Block Exemption Regulation and vertical restraints guidelines
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 41 contributions 40294 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Germany 9 contributions 2467 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 20 contributions 21023 visits
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The European Commission (“EC”), on July 9, 2021 [1], published its long-anticipated proposed update of the Vertical Block Exemption Regulation [2] (“VBER”) and the corresponding draft Vertical Restraints Guidelines (“Vertical Guidelines”) [3] for public consultation and comment by September (...)

The EU Commission publishes the draft revised Vertical Block Exemption Regulation and draft revised Guidelines on Vertical Restraints
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58679 visits
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Van Bael & Bellis (Brussels)
Belgium 62 contributions 15412 visits
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Van Bael & Bellis (Brussels)
Belgium 43 contributions 12125 visits
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On 9 July 2021, the European Commission (“Commission”) published the draft revised Vertical Block Exemption Regulation (“Draft VBER”) and draft revised guidelines on vertical restraints (“Draft VGL”), a key step in the context of the revision of the current regime governing vertical (...)

The EU Commission publishes consultation on Vertical Block Exemption Regulation policy options
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74418 visits
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Herbert Smith Freehills (Brussels)
Belgium 22 contributions 7391 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21720 visits
On 18 December 2020 the Commission published a further consultation on its proposals for a revised vertical agreements block exemption Regulation (VBER) and guidelines. The Commission’s steps to date, and conclusions of its evaluation phase, are set out in our HSF Notes post from 17 September (...)

The French Competition Authority issues an opinion following its sector inquiry on the distribution of medicinal products
French Competition Authority (Paris)
France 748 contributions 411154 visits
After gathering market players’ insight, and having carried out an in-depth analysis of how the sector operates, the Autorité de la concurrence publishes its opinion.* It calls for the stimulation of competition throughout the distribution chain, and in particular supports the supervised (...)

Anticompetitive practices

 The US DoJ files a lawsuit and proposes consent decree to prohibit the fifth largest poultry processor in the country from imposing unfair and anticompetitive termination penalties in contracts with chicken growers (Koch Foods) Free
US Department of Justice (Washington)
United States 181 contributions 80353 visits
Justice Department Files Lawsuit and Proposed Consent Decree to Prohibit Koch Foods from Imposing Unfair and Anticompetitive Termination Penalties in Contracts with Chicken Growers* Decree Would Restore Competition for Chicken Growing Services, Expanding Opportunities for Poultry Farmers (...)

The Czech Competition Authority fines a wholesale distributor of pet foods for concluding long-term anticompetitive agreements with its purchasers (Noviko)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6711 visits
SUPPLIERS ARE FORBIDDEN TO SET FIXED RETAIL PRICES; NOVIKO WAS FINED ALMOST CZK 48 MILLION* The Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 47,775,000 on the undertaking NOVIKO s.r.o. (hereinafter referred to as "NOVIKO") for the (...)

The Polish Competition Authority obliges a sugar manufacturer to change the provisions in the contracts that it concluded with farmers and which required them to buy sugar beet seeds exclusively from it
Polish Competition Authority (Warsaw)
Poland 120 contributions 22834 visits
Pfeifer & Langen to change its practice towards sugar beet suppliers* The Pfeifer & Langen company is changing its practice following an intervention of President of UOKiK. Farmers - sugar beet planters will gain access to an extended seed offer and will not need to buy them (...)

The New Caledonian Competition Authority fines a cartel for concluding an exclusive import agreement in the market for importing food products of Asian origin (Kerl Distribution, Rockman Australia)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3785 visits
The Autorité sanctions an exclusive import agreement and a cartel in the sector of importing food products of Asian origin* In October 2021, the company International Foodies seized the Autorité of anti-competitive practices implemented in the sector of the import and distribution of food (...)

The French Competition Authority fines a bakery equipment manufacturer and its network of distributors for price fixing (Bongard / Euromat)
French Competition Authority (Paris)
France 748 contributions 411154 visits
Several entities sanctioned in bakery equipment distribution sector* Distribution of bakery equipment: The Autorité de la concurrence fines Bongard and the Bongard Dealers’ Association for price fixing. It also fines these same entities and the Euromat purchasing office for practices that (...)

The Polish Competition Authority fines a bike distributor for imposing exclusive distribution agreements on dealers (Merida Bicycles)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22834 visits
A fine of almost pln 2.5 million pln for Merida Polska* For 6 years, the Merida company prohibited its distributors to sell bikes online. As a result, the market has been divided and consumers’ capabilities have been limited only to choosing the nearest traditional stores. President of UOKiK (...)

The French Competition Authority fines a group of companies and two wholesale importers for maintaining exclusive import rights in French Guiana and Guadeloupe (Arvitis group / Sodis Chrismay / Sodipa)
French Competition Authority (Paris)
France 748 contributions 411154 visits
Canard-Duchêne champagnes: Several Arvitis group companies and two wholesale importers fined for maintaining exclusive import rights* Canard-Duchêne champagnes: The Autorité de la concurrence fines several Arvitis group companies and two wholesale importers for maintaining exclusive import (...)

The New Caledonian Competition Authority imposes sanctions on a company over an exclusive import agreement in the importation and distribution of electronic cigarettes (NSVI)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3785 visits
The Autorité sanctions an exclusive import agreement in the sector of import and distribution of electronic cigarettes* In a decision of March 1, 2023, the Autorité sanctions the company New Smart Vibes Import (NSVI) for having benefited from exclusive import rights on disposable electronic (...)

The COMESA Competition Appeals Board upholds commitments made by football association which the undertaking made to remedy concerns over long-term exclusivity obligations for marketing and media rights (Confédération Africaine de Football / Sportfive)
Meysan Partners (Cairo)
1 contribution 202 visits
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Meysan Partners (Cairo)
1 contribution 202 visits
On 16 January 2023, the Common Market for Eastern and Southern Africa (the “COMESA” or the “Common Market”) Competition Appeals Board (the “Appeals Board”) published its seminal decision upholding the commitments provided by the Confédération Africaine de Football (the “CAF”) in relation to (...)

The US FTC along with 10 State partners sues two pesticide producers for employing an illegal pay-to-block scheme inflating prices for farmers (Syngenta / Corteva)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47046 visits
FTC and State Partners Sue Pesticide Giants Syngenta and Corteva for Using Illegal Pay-to-Block Scheme to Inflate Prices for Farmers* Complaint alleges that manufacturers pay distributors to exclude competitors’ more affordable generic options for essential farming products The Federal (...)

The Danish Competition Authority adopts a decision concerning market sharing between members of an association of undertakings in the market for home textiles (Botex)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36478 visits
The Danish Competition Council has adopted a decision concerning market sharing between members of an association of undertakings* On June 22 2022 the Danish Competition Council (DCC) adopted a decision concerning Boligtextilbranchens Indkøbsservice A.M.B.A. (Botex). In the decision, it is (...)

The Australian Competition Authority brings an action against a payment services giant alleging that it conducted exclusive dealing agreements (Mastercard)
Ashurst (Sydney)
Australia 6 contributions 819 visits
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Ashurst (Sydney)
Australia 1 contribution 154 visits
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Ashurst (Sydney)
Australia 3 contributions 482 visits
What you need to know The Australian Competition and Consumer Commission has commenced proceedings against Mastercard, alleging it misused its market power and engaged in exclusive dealing, in contravention of the Competition and Consumer Act 2010 (Cth) (CCA). Mastercard allegedly engaged in (...)

The Canadian Competition Authority takes action for the protection of car-sharing services nation-wide (Turo)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11807 visits
Competition Bureau takes action to protect competition for car sharing services in Canada* Car sharing platform Turo terminates problematic exclusivity policy in Canada in response to Bureau investigation The Competition Bureau announced today that following an investigation, Turo Inc. has (...)

The Australian Federal High Court fines an ice cream production company $12M for exclusive dealing (Peters)
Ashurst (Sydney)
United States 17 contributions 2433 visits
The Federal Court has ordered Australasian Food Group, trading as Peters (’Peters’), to pay a $12 million penalty after the ACCC alleged, and Peters admitted, that its exclusive distribution agreement with PFD Food Services (’PFD’) had the likely effect of substantially lessening competition. (...)

The Swiss Competition Authority fines a German tobacco producer for a longstanding vertical distribution agreement which sought to secure absolute territorial protection (Pöschl)
Lenz & Staehelin (Zurich)
Switzerland 1 contribution 694 visits
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Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2573 visits
Competition Commission penalises German tobacco company for territorial restrictions in distribution agreements* The Competition Commission (ComCo) has once again imposed penalties on a foreign company for including/maintaining absolute territorial protection clauses in its distribution (...)

The US District Court holds a pharmaceutical executive liable for antitrust claims and bans him from participating in the pharmaceutical industry for life (Martin Shkreli)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47046 visits
Statement of Chair Lina M. Khan on the Ruling by Judge Denise L. Cote Federal Trade Commission et al v. Vyera Pharmaceuticals, LLC et al* Today, U.S. District Court Judge Denise Cote held “Pharma Bro” Martin Shkreli liable for antitrust claims brought by the Federal Trade Commission and a (...)

The US District Court for the Southern District of New York imposes a lifetime ban against a pharmaceutical executive and requires $65M payment for antitrust violation (Martin Shkreli)
Rutgers University (New Brunswick)
United States 26 contributions 25836 visits
On January 14, 2022, the U.S. District Court for the Southern District of New York imposed a lifetime ban on “Pharma Bro” Martin Shkreli, perhaps the most notorious “bad actor” in the pharmaceutical industry, and required that he pay $65 million in excess profits he obtained from (...)

The French Competition Authority fines a champagne company for setting up an exclusive import agreement in La Réunion contrary to the Lurel Act (Cattier)
French Competition Authority (Paris)
France 748 contributions 411154 visits
Distribution in La Réunion: Cattier company fined for setting up an exclusive import agreement on the distribution of its champagne in La Réunion* Background Following a report sent by the French Minister of Economy (DGCCRF), the Autorité de la concurrence established that the Cattier (...)

The Polish Competition Authority initiates proceedings against a cleaning supplies and devices company and a bicycle retailer for restricting competition (Kärcher) (Merida bicycles)
Bird & Bird (Warsaw)
Poland 19 contributions 3100 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 3100 visits
In July, the Polish Competition Authority (UOKiK) announced the initiation of a preliminary investigation and the fact that they conducted an inspection at the premises of Kärcher. The UOKiK suspects that Kärcher imposed minimum resale prices on distributors selling its professional line of (...)

The EU Commission and UK Competition Authority propose modifications to their antitrust rules on distribution agreements which diverge significantly, creating legal challenges for agreements caught by both sets of rules
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28811 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60715 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33334 visits
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1. Summary The European Union and the United Kingdom have each proposed modifications of their antitrust rules on distribution. The proposals diverge significantly on common distribution practices, creating legal challenges for distribution agreements caught by both sets of rules. Dual (...)

The Indian Competition Authority opens an investigation into potential anti-competitive conduct by a company engaged in the manufacturing and sale of commercial vehicles (Tata Motors)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10858 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10789 visits
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Vahura (New Delhi)
India 59 contributions 5818 visits
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KEY POINTS Even if there is a delay in the filing of information on behalf of the informants, the Act does not envisage any period of limitation as inquiries conducted by CCI are proceedings in rem. There can be no limitation period in competition law as in a changing and evolving market (...)

The Chinese Competition Authority and Shanghai Administration for Market Regulation penalises two companies for engaging in “either-or choice” practices on their respective in-platform merchants (Alibaba), (Shanghai Food Paishi Trade Development)
King & Wood Mallesons (Beijing)
China 19 contributions 4771 visits
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Ellenoff Grossman & Schole (New York)
United States 4 contributions 957 visits
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King & Wood Mallesons (Beijing)
China 1 contribution 359 visits
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A few days ago, the State Administration for Market Regulation (“SAMR”) and Shanghai Administration for Market Regulation (“Shanghai AMR”) successively issued two administrative decisions punishing two Internet platform companies for engaging in “either-or choice” practices (a type of (...)

The EU Commission opens an investigation into possible trade restrictions by one of the largest producers of chocolate, biscuits, and coffee in the Union (Mondelēz)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
Antitrust: Commission opens formal investigation into possible trade restrictions by Mondelēz* The European Commission has opened a formal antitrust investigation to assess whether Mondelēz has restricted competition in a range of national markets for chocolate, biscuits and coffee by (...)

The Australian Competition Authority allows Japanese vehicle manufacturer’s exclusive dealing notification relating to its 10-year conditional warranty to stand (Mitsubishi)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
Mitsubishi’s 10-year conditional warranty allowed to stand* The ACCC does not object to an exclusive dealing notification lodged by Mitsubishi Motors Australia Limited (Mitsubishi) relating to its new 10-year or 200,000 km extended warranty. The warranty is conditional on the vehicle being (...)

The French Competition Authority fines a champagne company and two importer-distributors for maintaining exclusive import agreements in the French Antilles (Nicolas Feuillatte / Financière Martin / Distillerie Dillon)
French Competition Authority (Paris)
France 748 contributions 411154 visits
Nicolas Feuillatte champagne and two importer-distributors fined for having maintained exclusive import agreements in the French Antilles* Background Following a report sent by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité (...)

The French Competition Authority fines a champagne supplier and distributors for maintaining exclusive import agreements (Nicolas Feuillatte / Financière Martin / Distillerie Dillon)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3464 visits
In a decision published on 29 October 2020, the French Competition Authority (“FCA”) fined champagne supplier Champagne Nicolas Feuillatte and two importer-distributors € 642,800 for having concluded exclusive import agreements in the French Antilles (i.e., Saint-Martin, Saint- Barthélemy and (...)

The French Competition Authority accepts commitments offered by food retailers to amend the existing cooperation agreements (Casino / Auchan / Metro / Schiever)
BCTG Avocats (Paris)
France 6 contributions 1005 visits
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BCTG Avocats (Paris)
France 2 contributions 503 visits
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BCTG Avocats (Paris)
France 7 contributions 2864 visits
First use by the French Competition Authority of the tools introduced by the Macron and Egalim laws to render legally binding commitments offered by four large food retailer companies aimed at reducing competition concerns raised by their joint purchasing agreements of retailers’ own-brand (...)

The French Competition Authority accepts commitments proposed by food retailers to amend the existing cooperation agreements on retailers’ own-brand labels (Casino / Auchan / Metro / Schiever)
French Competition Authority (Paris)
France 748 contributions 411154 visits
Purchasing offices: the Autorité accepts the commitments proposed by Casino, Auchan, Metro and Schiever* Purchasing offices: to address the risks of harm to upstream and downstream competition identified in the process of requesting urgent interim measures, the Autorité accepts the (...)

The Hellenic Competition Authority finds two companies guilty of an anticompetitive vertical agreement for prohibiting parallel imports in the market for artificial kidney machines (Gambro Lundia / Medical Products)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18620 visits
Decision regarding the complaints of the company SERKO LTD* Subject: Decision of the Hellenic Competition Commission regarding the complaints of the company "SERKO LTD SCIENTIFIC - ELECTRONIC MACHINERY (Imports - Representations - Service)" concerning alleged infringements of articles 1 and (...)

The EU Commission publishes a working document summarizing the findings of the evaluation phase of the review for the vertical block exemption regulation and its guidelines
Addleshaw Goddard (Paris)
France 39 contributions 44533 visits
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ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5553 visits
On 8 September 2020, the European Commission ("Commission") published a working document (the "Evaluation Report") summarising the findings of the evaluation phase of the review of the Vertical Block Exemption Regulation ("VBER") and the Guidelines on Vertical Restraints ("Vertical (...)

The US District Court for the Southern District of New York terminates long-standing Paramount consent decrees, thereby allowing after 7 decades the classic movie studios to form closer agreements with movie distributors (Paramount Pictures)
US Department of Justice (Washington)
United States 181 contributions 80387 visits
Federal Court Terminates Paramount Consent Decrees* A federal court in the Southern District of New York today terminated the Paramount Consent Decrees, which for over seventy years have regulated how certain movie studios distribute films to movie theatres. The review and termination of (...)

The Israeli Competition Tribunal upholds the Competition Authority’s instruction prohibiting an importer from reporting to a multinational consumer products company on parallel imports of the company’s toothpaste (Schestowitz / Colgate-Palmolive)
Israel Competition Authority (Jerusalem)
Israel 17 contributions 2196 visits
The Competition Tribunal has confirmed an instruction of the Director-General, which prohibits Schestowitz from reporting to Colgate-Palmolive on parallel imports of Colgate toothpaste* The Competition Tribunal granted the force of a judgment to a new instruction of the Director-General to (...)

The Swedish Competition Authority accepts commitments from a training company to limit its use of exclusive agreements with fitness studios and closes its investigations into another two companies (Bruce / Classpass / Swiftr)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10344 visits
Swedish Competition Authority accepts commitments from training company* Bruce is a company that offers training services. The company has offered to limit its use of exclusive agreements with fitness studios in order to avoid that competition concerns arise. The Swedish Competition (...)

The Romanian Competition Authority releases for public consultation the new guide on vertical agreements
Romanian Competition Council (Bucharest)
Romania 160 contributions 29508 visits
The Competition Council Launches for Public Debates the Guide on Vertical Agreements* The Competition Council elaborated the "Guide on vertical agreements" in order to support companies that have to assess, on a case-by-case basis, the compatibility of the vertical agreements they wish to (...)

The French Competition Authority examines commitment proposals relating to agreements concluded between food retailers in the agricultural sector (Casino / Auchan / Metro / Schiever)
French Competition Authority (Paris)
France 748 contributions 411154 visits
Purchasing Offices: The Autorité Examines Commitment Proposals* The Autorité de la concurrence launched several inquiries to examine the joint purchasing agreements in the food retail sector. It has received proposals for commitments relating to the agreements concluded between Casino, (...)

The Paris Court of Appeal rejects an appeal against a follow-on damages claim by a rival telecommunications provider and grants a reduction in the amount of damages to be paid (Orange / Digicel)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47651 visits
On 17 June 2020, the Paris Court of Appeal rejected Orange’s (formerly known as France Telecom) appeal against a follow-on damages claim by rival telecommunications provider Digicel (formerly known as Bouygues Telecom) but granted a reduction in the amount of damages to be paid of nearly € 100 (...)

The EU Commission publishes a report on the vertical block exemption regulation and the accompanying guidelines on vertical restraints
Covington & Burling (Brussels)
Belgium 14 contributions 5677 visits
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Covington & Burling (Brussels)
Belgium 49 contributions 18345 visits
On 25 May 2020, the European Commission (“Commission”) has published its Final Report of the support studies for the evaluation of its Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines on Vertical Restraints (the “Final Report”). The Final Report was published (...)

The Guangzhou Intellectual Property Court rules on its first trademark infringement and unfair competition case regarding parallel imports, in which it finds such acts should constitute neither trademark infringement nor unfair competition (Opel Electric / Guangdong Shifu Electric)
King & Wood Mallesons (Beijing)
China 1 contribution 392 visits
First Trademark Infringement and Unfair Competition Case regarding Parallel Import Concluded by Guangzhou IP Court* Recently, Guangzhou IP Court ruled on its first trademark infringement and unfair competition case regarding parallel import, in which it found such acts should neither (...)

The US Court of Appeals for the Seventh Circuit rules on the co-conspirator exception to the Illinois Brick rule against distributors in the healthcare market (Marion Healthcare / Becton Dickinson & Company)
Bona Law (San Diego)
United States 22 contributions 3841 visits
The Seventh Circuit Explains the “Co-Conspiracy Exception” to the Illinois Brick Rule in Healthcare Antitrust Lawsuit* Antitrust law evolves in such a way that opinions from federal appellate courts are always interesting in how they affect the doctrine. But there are a select few judges who (...)

The US Court of Appeals for the Seventh Circuit clarifies whether a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a conspiracy between the distributor and manufacturer in the passing on of a case between two healthcare providers (Marion Healthcare / Becton Dickinson & Company)
Freshfields Bruckhaus Deringer (New York)
United States 2 contributions 270 visits
Introduction In its recent decision in Marion Healthcare, LLC v. Becton Dickinson & Co., the Seventh Circuit added to the discussion among circuit courts as to whether and when a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a (...)

The Turkish Competition Authority issues an opinion letter regarding its preliminary investigation of a manufacturer of ceramic and granite products for restricting the active and passive sales of its dealers and for forcing consumers to purchase products within their provinces (Qua Granit)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84381 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5717 visits
The Turkish Competition Board (“Board”) published its reasoned decision regarding its preliminary investigation pertaining to the allegations that Hayal Seramik Yapı ve Ürünleri San. Tur. ve Tic. A.Ş. (“Qua Granit”) violated Article 4 of the Law No. 4054 on the Protection of Competition (“Law (...)

The Australian Parliament passes a repeal of subsection 51(3) of the Competition and Consumer Act 2010
Jones Day (Sydney)
Australia 1 contribution 169 visits
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Jones Day (Sydney)
Australia 10 contributions 2169 visits
Both houses of the Australian Parliament have passed a repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) ("CCA"). Following the repeal, owners of intellectual property rights in Australia must comply with certain competition rules from which they previously enjoyed an (...)

The Barcelona Court of Appeal applies a narrow reading of the exhaustion principle to trademarks with a common origin (Schweppes / Red Paralela)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56763 visits
On 22 July 2019, the Barcelona Court of Appeal (“Audiencia Provincial de Barcelona”) delivered a judgment on an appeal by Schweppes SA (“Schweppes”) against a judgment of the Commercial Court of Barcelona in which it held that the evidence provided by Red Paralela, a parallel importer, was (...)

The Turkish Competition Authority withdraws the individual exemption granted to an agreement containing exclusivity clauses in the on-trade beer market sector (Tuborg)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84381 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5717 visits
This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Tuborg decision (20.06.2019; 19-22/335-152) in which the Board withdrew Tuborg Pazarlama A.Ş.’s (“Tuborg”) individual exemption granted to its agreements containing exclusivity clauses with sellers such as (...)

The Indian Competition Authority fines pharmaceutical associations and companies for imposing anticompetitive conditions on their retailers (Madhya Pradesh Chemists and Distributors Federation / Madhya Pradesh Chemists and Druggist Association)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43247 visits
CCI imposes penalty on chemists and druggist associations in Madhya Pradesh and two pharmaceutical companies* By way of order dated 03.06.2019, CCI imposed penalty on Madhya Pradesh Chemists and Druggist Association (“MPCDA”) and Indore Chemists Association (“ICA”) (collectively ‘chemists (...)

The Croatian Competition Authority opens a proceeding against a soft drink company having potentially concluded an agreement containing exclusive purchasing obligations (Coca-Cola Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20019 visits
CCA opens administrative proceeding against Coca-Cola Hrvatska* The Croatian Competition Agency opened an ex-officio infringement proceeding with the view to establishing whether the company Coca-Cola HBC Hrvatska d.o.o. from Zagreb had concluded a prohibited agreement and had been engaged (...)

The Turkish Competition Authority persists in its assessment of exclusivity practices in a company’s dealership agreements on the sales of chicken, meat, and eggs (Abalıoğlu)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84381 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5717 visits
In a preliminary investigation in 2011 on the allegations that Abalıoğlu Yem Soya ve Tekstil A.Ş. (“ Abalıoğlu ”) had exclusivity clauses in its dealership agreements concerning the sales of chicken meat and eggs under “Lezita” brand, the Board had decided that Abalıoğlu had not violated the (...)

The Indian Competition Authority finds no violation in a cinema chain exclusively selling one beverage producer’s products (Inox / Coca-Cola)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43247 visits
CCI holds no violation in exclusive selling beverages of Coca-Cola by INOX Theatres at higher rates than the retail price* The Competition Commission of India (“CCI/ Commission”) by way of order dated 28.02.2019 exonerated INOX Leisure Ltd (“INOX”) and Hindustan Coca-Cola Beverages Private (...)

The Egyptian Competition Authority decides to invalidate clauses between a Big Tech company and its distributors for exclusive agreements considered as restrictive (Apple)
Egyptian Competition Authority (Cairo)
Egypt 5 contributions 1632 visits
Unofficial convenience translation: In case of any discrepancy in this translation the Arabic wording only would prevail.* The Board of Directors of the Egyptian Competition Authority (“ECA”) has decided that Apple and its distributors have infringed the Egyptian Competition Law (“ECL”). The (...)

The Ankara Seventh Administrative Court annuls the Turkish Competition Authority’s dismissal decision regarding the restriction of parallel imports allegations faced by a company in the market of energy systems (Arti Marin / Mastervolt / Eltesan)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84381 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5717 visits
The Ankara 7th Administrative Court (“Court”) annulled the dismissal decision of the Turkish Competition Board (“Board”) concerning the allegations that Mastervolt International Holding B.V. (“Mastervolt”) and its exclusive distributor in Turkey, Artı Marin Elektrik Dış Tic. Ltd. Şti. (“Artı (...)

The Australian Federal Court fines three distributors of polycarbonate roof sheeting for exclusive dealing conduct (Palram / Ampelite / EGR)
King & Wood Mallesons (Melbourne)
Australia 2 contributions 442 visits
Sweat deal for the ACCC* In the Australian Competition and Consumer Commission v Oakmoore Pty Ltd cases,[1] the Federal Court declared, by consent, that Ampelite Australia Pty Ltd (Ampelite), Palram Australia Pty Ltd (Palram) and Oakmoore Pty Ltd (trading as EGR) had engaged in exclusive (...)

The Spanish Supreme Court voids an exclusive-supply agreement in the energy sector that was previously subject to a commitment decision by the EU Commission (Repsol)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58679 visits
Spain’s Supreme Court has voided a contract including an exclusive-supply clause in favour of Repsol, following a judgment of the Court of Justice of the European Union (“ECJ”) in which the ECJ confirmed that national courts are not precluded from assessing potentially anti-competitive (...)

The EU Court of Justice clarifies exhaustion of trademark principles and broadens the interpretation of economic links between trademark owners (Schweppes / Red Paralela)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56763 visits
On 20 December 2017, the Court of Justice of the European Union (“ECJ”) handed down its judgment in Case C-291/16 Schweppes v Red Paralela and Others. The ECJ held that the owner of a trademark may not oppose the parallel importation of goods bearing an identical trademark but originating in (...)

The EU Court of Justice deals a blow to the EU Commission’s power to close antitrust investigations with commitment decisions by ruling that they do not preclude national courts from examining whether agreements comply with antitrust rules (Gasorba / Repsol)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 12722 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33336 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 40 contributions 14359 visits
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On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled (...)

The Turkish Competition Authority revokes an individual exemption granted to a major player in the beer market over exclusive distribution agreements (Tuborg)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 76050 visits
The Turkish Competition Board’s (“Board”) decision dated 09.11.2017 and numbered 17-36/583-256 (“Decision on Revocation of the CPS Exemption”) reveals the changing structure of the Turkish beer market. With this decision, the Board revoked its individual exemption granted for the exclusive (...)

The Turkish Competition Authority publishes its reasoned decision regarding the preliminary investigation on the allegations that a white goods manufacturer restricted the online sales of its dealers (BSH)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84381 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5717 visits
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) BSH decision (22.08.2017; 17-27/454-195). The Board reviewed the allegations put forward by Ersan Pazarlama Tic. Ltd. Şti. (“Ersan Pazarlama”) against BSH Ev Aletleri Sanayi ve Ticaret A.Ş. (“BSH”). The Board (...)

The Chinese NDRC proposes new rules to deal with perceived anti-competitive practices in the pharmaceutical industry
Hogan Lovells (Beijing)
China 81 contributions 21116 visits
China proposes new rules to address perceived anti-competitive practices n the pharmaceutical industry* On 14 August 2017, the National Development and Reform Commission (“NDRC“) released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active (...)

The Indian Competition Authority finds a professional committee in transportation and its 4 participating associations guilty of price fixing in the market for coastal container services and issues a cease and desist with no fine because conduct was limited and stopped before investigation (Cochin Port Trust / Container Trailer Owners Coordination Commission)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43247 visits
CCI finds Container Trailer Owners Coordination Commission and its four participating associations guilty of anticompetitive conduct* The Competition Commission of India (“CCI”) vide dated 01.08.2017 has found Container Trailer Owners Coordination Committee (‘Committee’) and its four (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against two film producers and two digital cinema service providers (K Sera Sera Digital Cinema / Pen India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43247 visits
CCI closes case against the producers and presenters of ‘Kahaani-2’ with respect to alleged anticompetitive agreement* CCI vide its order dated June 21, 2017dismissed allegations of contravention of Section 3 and 4 of the Act against Pen India Ltd., Bound Script Motion Pictures Pvt. Ltd., (...)

The Indian Competition Authority fines global automobile manufacturer for resale price maintenance and other anticompetitive conduct in markets for car manufacturing, spare car parts, and car repair services (Fx Enterprise Solutions India / Hyundai)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43247 visits
CCI penalizes Hyundai for resale price maintenance and tie-in* The CCI vide its order dated June 14, 2017 imposed a penalty of INR 87 Crore (Rupees Eighty Seven Crores) on Hyundai Motor India Limited (‘HMIL’) for contravention of Section 3(4) read with Section 3(1) of the Act. The (...)

The Spanish Competition Authority clears a dual pricing system (Pfizer / Cofares)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47335 visits
On 19 January 2017 the Spanish Competition Authority (SCA) issued a decision clearing PFIZER of antitrust charges and blessing PFIZER’s dual pricing system (SCA Decision). In 2009, the SCA decided (First Decision) to close the antitrust investigation against COMPAÑÍA FARMACÉUTICA ESPAÑOLA, (...)

The Turkish Competition Authority decides that recommending the use of a certain engine oil brand in authorised service centres does not amount to a vertical restraint (Castrol / Dogus Oto)
Ankara Hacı Bayram Veli University
Turkey 31 contributions 12140 visits
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that recommending the use of only Castrol branded engine oils in service centres authorised by Volkswagen and Dogus Oto, coupled with the practice of voiding the manufacturer’s warranty for (...)

The French Competition Authority adopts a settlement decision concerning a case involving companies active in the distribution of consumer goods overseas (Henkel)
French Competition Authority (Paris)
France 748 contributions 411154 visits
Exclusive distribution of consumer goods in overseas territories – Settlement* Within the framework of a settlement between all the parties, the Autorité de la concurrence fines Henkel and its wholesaler-importers in several overseas departments €600,000. In brief The Autorité de la (...)

The Indian Competition Appellate Tribunal sends case of anticompetitive conduct against film distributors back to Indian Competition Authority for reconsideration (K Sera Sera Digital Cinema / Digital Cinema Initiatives)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43247 visits
Competition Appellate Tribunal (COMPAT) directs re-consideration by CCI against movie producers/ distributors for alleged cartelisation in setting unfair standards in cinema exhibition* COMPAT, by its order dated December 8, 2015 reversed the order of CCI dated April 22, 2015 which closed a (...)

The French Competition Authority obtains commitments from several mainland alcohol manufacturers aiming to stop the exclusive distribution of their products in the French overseas territories (Pernod-Ricard)
French Competition Authority (Paris)
France 748 contributions 411154 visits
Distribution of consumer goods in the French overseas territories* The Autorité de la concurrence has obtained from several mainland manufacturers their commitment to put an end to the exclusive distribution of their products in the French overseas territories and to implement a competitive (...)

The Hellenic Competition Authority accepts commitments from petrol product suppliers regarding long term exclusive cooperation agreements with petrol stations (BP Hellas / Shell Hellas)
Ernst & Young (Athens)
Greece 6 contributions 2660 visits
By its decision No. 602/11.08.2015, the Hellenic Competition Commission (the “HCC”) unanimously accepted the commitments offered by nine (9) petrol product suppliers, to cease presumed violations of Art. 1 L. 703/77 and Art. 101 TFEU. This decision (the “HCC decision”), which was the first HCC (...)

A U.S. District Court rejects an antitrust claim for lack of standing (Spinelli / NFL)
Patterson Belknap Webb & Tyler (New York)
United States 2 contributions 381 visits
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Patterson Belknap Webb & Tyler (New York)
United States 2 contributions 359 visits
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Patterson Belknap Webb & Tyler (New York)
United States 5 contributions 1302 visits
Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams* Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust (...)

The Slovak Competition Authority publishes a working draft of its views on vertical competition issues
Diwok Hermann Petsche (Baker McKenzie Vienna)
Austria 7 contributions 2352 visits
Introduction The Competition Authority of Slovakia ("SCA") published on 4 February 2015 a working draft of the Standpoint on Vertical Agreements ("Standpoint") and invited the relevant public to discuss the main ideas outlined in the Standpoint. The Standpoint has been published in the (...)

The Portuguese Competition Authority fines €9 million for anticompetitive clauses in distribution contracts in the gas bottle market (Galp Energia)
University of Lisbon
Portugal 19 contributions 10829 visits
On 3 February 2015, the Portuguese Competition Authority (PCA) announced that it had imposed fines of 9.29 million EUR on the Galp Energia group for anticompetitive practices in the gas bottle market in Portugal. According to the PCA, Galp and its subsidiaries included in the large majority (...)

The Indian Competition Authority initiates an investigation concerning resale price maintenance in the e-commerce sector (Jasper Infotech / KAFF Appliances)
Sarvada Legal (New Delhi)
2 contributions 451 visits
The CCI has in 2014 initiated two investigations into the alleged imposition of minimum resale price maintenance (RPM). The first one was against Hyundai Motor India Ltd (‘Hyundai Case’) and I had written on the legal standard adopted by the Competition Commission of India to initiate (...)

The Indian Competition Authority fines 14 car manufacturers for unilateral practices and anticompetitive agreements in the markets for spare car parts and car maintenance (Shri Shamsher Kataria / Honda Siel Cars India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43247 visits
CCI penalizes 14 major Car Companies a penalty of INR 2544.64 Crores* The CCI by way of order dated August 25, 2014 in Shri Shamsher Kataria Vs Honda Siel Cars India Ltd. & Ors. has imposed a total penalty of INR 2,544.65 crore at 2% of total turnover in India on the 14 major car (...)

The Competition Commission of India fines 14 automobile manufacturers for implementing anticompetitive and unilateral practices on the automobile spare parts and repair market (Shamsher Kataria / Honda Siel)
Jindal Global University (Sonipat)
India 4 contributions 1460 visits
In the month of August, China fined 12 Japanese auto parts makers a total of over US$200 million for price fixing, the maximum amount imposed for violating the anti-monopoly law thus far. The National Development and Reform Commission (NDRC) stated that the companies were found to have (...)

The Indian Competition Commission pertains for the first time to the concept of ‘aftermarkets’ and discusses the interface between IPRs and competition law (Honda / Volkswagen / Fiat)
Indian Competition Commission (New Delhi)
India 2 contributions 538 visits
CCI Order on Car Manufacturers for Anti-Competitive Conduct* Facts: Information was filed under Section 19(1)(a) of the Competition Act, 2002 (“Act”) initially against 3 car manufacturers alleging anti-competitive practices on part of the opposite parties (“OPs”). OP1 to OP3 were involved (...)

The EU Court of Justice answers a request for a preliminary ruling about use of trademarks to prevent the importation of spare parts (Honda)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72761 visits
On 17 July 2014, the Court of Justice of the European Union (“ECJ”) answered a request for a preliminary ruling from a Greek Court (Monomeles Protodikeio Athinon) inquiring as to whether the use by Honda Giken Kogyo Kabushiki Kaisha (“Honda”) of its trademarks to prevent the importation of (...)

The Danish Public Prosecutor settles charges of a violation of cartel law by imposing resale price maintenance, prevention of parallel imports and passive sales (Witt Hvidevarer)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36478 visits
Press Release published on the official website of the Danish Competition and Consumer Authority. Denmark: ”Distributor of white goods pays fine in settlement for resale price maintenance and prevention of parallel imports and passive sales”* On 10 July, 2014, the company Witt Hvidevarer (...)

The Athens Administrative Court of Appeals totally annuls a fine imposed by the Hellenic Competition Commission based on mitigating factors (Unilever Hellas)
Prentoulis Gerakini Law Partnership (Athens)
Greece 6 contributions 2542 visits
On June 2014, the Athens Administrative Court of Appeals issued decision number 3807/2014 annulling a fine imposed by the Hellenic Competition Commission (HCC) on Unilever Hellas for engaging in conduct to restrict parallel imports. Brief History In short, the HCC, in the context of an ex (...)

The EU Commission initiates a formal investigation into potentially anti-competitive restrictions in pay-TV licensing arrangements
Blackstone Chambers (London)
United Kingdom 11 contributions 3127 visits
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Murphy, round 2: does exclusive territorial licensing of pay-TV breach EU competition law?* According to a report in the Financial Times on 24 November 2013, (...)

The Dutch Supreme Court confirms that extending the nullity coming from an exclusive purchase clause to the entirety of an agreement would lead to undertakings in the filling station sectors to lose all of their rights under the exploitation agreement (BP / Benschop)
Maastricht University (Maastricht)
Netherlands 5 contributions 3163 visits
Case summary An exploitation agreement for a filling station contained an exclusive purchase clause which infringed Article 6 Dutch Competition Act, the national equivalent of Article 101 TFEU. The Court of Appeal decided that only the exclusive purchase clause was void; the voidness did not (...)

The Swiss Federal Administrative Court upholds fines imposed by the Competition Authority to a toothpaste manufacturer and licensor and its distributor and licensee for prohibiting parallel imports from Austria to Switzerland (Gaba International)
Bourgeois Avocats (Lausanne)
Switzerland 3 contributions 1341 visits
Background and Court decision Back in 2009, the Swiss Competition Commission (COMCO) hit Gaba International AG – an undertaking part of the Colgate-Palmolive Group and manufacturer of the toothpaste brands Elmex and Meridol – with a CHF 4.8 mio (about EUR 3.9 mio) fine for restricting (...)

The Lithuanian Competition Council closes an investigation and accepts remedies on vertical restraints implemented by several pharmaceutical undertakings and gives a recommendation to the Ministry of Health on ways to promote parallel imports of pharmaceuticals
Max Planck Institute for Innovation and Competition (Munich)
Germany 19 contributions 4574 visits
On 21 July 2011 the Competition Council terminated the investigation on compliance of actions of several pharmaceutical undertakings with Article 5 of the Law on Competition and Article 101 TFEU by accepting commitments (Article 30(2) point 2 [now Article 28(3) point 2] of the Law on (...)

The Danish Competition Appeals Tribunal confirms decision concerning refusal of supply and restrictions to parallel trade within the railway engine spare part sector (Deutz)
Plesner (Copenhagen)
Denmark 41 contributions 74434 visits
On 9 December 2013, Danish Competition Appeals Tribunal (“DCAT”) confirmed the decision of the Danish Competition Council (“DCC”) of 12 June 2013, in which the German manufacture of industrial engines Deutz AG (“Deutz”) and their exclusive dealer in Scandinavia, Diesel Motor Nordic A/S (...)

The Italian Competition Authority launches an investigation into a suspected breach of Article 101 TFEU in relation to the supply of nutrition products for wellness and fitness (Enervit)
Axinn Veltrop & Harkrider (New York)
United Kingdom 2 contributions 707 visits
In November 2013, after receiving a complaint from a pharmacist and owner of a website for online retail shopping, the Italian Antitrust Authority (AGCM) has started a formal investigation on vertical restrictions of competition stemming from agreements between Enervit S.p.A. (Enervit), a (...)