Effect on interstate trade

Dominance

 The EU Commission reaches an agreement with the United Kingdom on the terms of their future cooperation after the Brexit
Portolano Cavallo (Milan)
Italy 36 contributions 6821 visits
On DECEMBER 24, 2020, the European Commission reached an agreement with the United Kingdom on the terms of its future cooperation with the European Union. The EU-UK Trade and Cooperation Agreement (TCA), provisionally applicable as of January 1, 2021, rests on three main pillars, which are (...)

The EU Court of Justice rules that Article 102 TFEU permits ex post merger control, at the national level, with a non-Community dimension (Towercast)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102777 visites
The prohibition of abuse of a dominant position laid down by the Treaties permits an ex post control, at national level, of a concentration of undertakings with a non-Community dimension* The temporal effects of a judgment of the Court confirming the applicability of that prohibition should (...)

The Slovenian Competition Authority accepts commitments by the incumbent gas importer and supplier addressing concerns relating to long-term contracts on natural gas supply with industrial customers (Geoplin)
Fatur Menard (Ljubljana)
Slovénie 20 contributions 53659 visites
Introduction On 10 November 2017, the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) has adopted a decision that renders legally binding the commitments offered by GEOPLIN LLC. (hereinafter referred to as GEOPLIN ), incumbent gas importer and supplier in the (...)

The EU Commission opens a formal investigation concerning potential abuse of dominance on the Belgian beer market (AB InBev)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824426 visits
Antitrust: Commission opens formal investigation into AB InBev’s practices on Belgian beer market* The European Commission has opened an investigation, on its own initiative, to assess whether Anheuser-Busch InBev SA (AB InBev) has abused its dominant position on the Belgian beer market by (...)

The EU Commission accepts the commitments proposed to end competition restrictions in Bulgaria’s wholesale electricity market (Bulgarian Energy Holding)
Mondelez (Sofia)
Romania 8 contributions 2950 visits
On December 10, 2015 the European Commission accepted the commitments proposed by Bulgarian Energy Holding to open up the Bulgarian wholesale electricity market. The decision should lead to greater liberalization and transparency on the wholesale electricity market in Bulgaria, thus enhancing (...)

The Portuguese Competition Court upholds a Competition Authority decision fining a TV operator for abuse of dominant position (Sport TV)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218080 visits
Portugal: The Competition Court upholds Competition Authority Decision fining Sport TV for Abuse of Dominant Position* On 4 June 2014, the Competition, Regulation and Supervision Court (the Court) upheld a decision of the Portuguese Competition Authority (PCA) finding that Sport TV had (...)

The Bulgarian Competition Authority sanctions as abusive the uniform prices that a monopolistic supplier of heating energy used to charge on its downstream competitors in the heat-measurement sector of Sofia (Toplofikatsia Sofia)
1. Further to a rather uncommon signal by the Supreme Administrative Public Prosecutor’s Office in July 2013, the Bulgarian competition authority commenced, on its own motion, proceedings against several undertakings active in Sofia’s heating utility sector. The proceedings included on-site (...)

The Lisbon Court of Appeal revises an arbitral award in a dispute between the national pharmacy association and an information technology company (Associação Nacional de Farmácias and Farminveste / IMS Health)
University of Lisbon
Portugal 18 contributions 10584 visits
Replacing a previous contract, the National Pharmacy Association (ANF) executed a contract with IMS Health in 2008, by which it transmitted to the latter data on purchases in its associated pharmacies, in exchange for remuneration. This data was used to provide pharma market intelligence in a (...)

The Russian Competition Authority accepts the trading practices of a gas provider on the market of wholesale sales of gasoline and diesel fuel (Lukoil)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
“LUKOIL” Group agreed its trading practices with FAS Russia* On 26th March 2014, the Federal Antimonopoly Service (FAS Russia) agreed upon the trading practices of “LUKOIL” Group on wholesale sales of gasoline and diesel fuel in the Russian Federation. “LUKOIL” devised its trading policies (...)

The Dutch District Court finds abuse of dominance by credit card network operator (EMS / Equens)
Allen & Overy (Amsterdam)
Netherlands 8 contributions 1713 visits
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Maverick Advocaten (Amsterdam)
Netherlands 8 contributions 1713 visits
I. The Parties European Merchant Services BV and Equens SE II. The Facts European Merchant Services BV (‘EMS’) is a so-called “acquirer”. That means that EMS processes credit card payment data and enters into contracts with merchants. Merchants are companies – such as retailers – that accept (...)

The Polish Competition Authority opens proceedings against mobile telephony operators for alleged abuse of collective dominant position (Polska Telefonia Cyfrowa / Centertel / Polkomtel)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218080 visits
Poland: The Office of Competition and Consumer Protection (UOKiK) opens Proceedings against Mobile Telephony Operators for alleged Abuse of Collective Dominant Position* On 18 March 2013, the President of the Polish Office of Competition and Consumer Protection (UOKiK) opened antimonopoly (...)

The French Civil Supreme Court invalidates the restrictive interpretation of the concept of the effect on trade between Member States (Orange Caraïbe)
Vogel & Vogel (Paris)
France 94 contributions 118904 visits
In 2004, Orange Caraïbe was subject to protective measures in order to put an end to anticompetitive practices on the mobile phone market in the French Caribbean. Five years later, the Competition Authority (AdlC) handed down a 63 million euro fine to Groupe France Telecom. On 23 September (...)

The French Civil Supreme Court rejects the argument that the absence of other EU telecom operators in the overseas territories may imply no effect on the interstate trade, thus confirming the applicability of Article 102 TFEU (France Télécom / Orange Caraïbe)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 4 contributions 1439 visites
EU-Competition Law in the Overseas: some recent French precedents* Parts of the territory of some EU-Member States are situated overseas. Does EU-Competition law apply there? Some recent French precedents answer this question. According to Art. 52 TEU the EU-treaties apply to the 27 Member (...)

The Helsinki Court of Appeals dismisses the appeal of the Finnish composers’ copyright society to annul a decision founding it has abused its dominant position on the market of licensing copyrights (Teosto)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218080 visits
Finland: Copyright Management Organization abused its Dominant Position* On 30 June 2011, the Helsinki Court of Appeals dismissed the appeal of the Finnish Composers’ Copyright Society (Teosto) to annul a district court decision where Teosto was found to have abused its dominant position on (...)

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision on abuse of dominance by an airport operator (Vilnius International Airport)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218080 visits
Lithuania: The Supreme Administrative Court upholds Authority’s Decision on Abuse of Dominance by Vilnius International Airport On 15 March 2010, the Lithuanian Supreme Administrative Court upheld a decision of the Competition Council of 6 November 2008 finding an infringement of Article 9 (...)

The Athens Administrative Court of Appeal partially annuls the decision of the Competition Commission on the parallel trade of pharmaceuticals (GlaxoSmithKline)
Mikroulea, Staikouras & Associates (Athens)
Greece 12 contributions 6947 visits
I. Introduction On 30 June 2009, the Athens Administrative Court of Appeal (Dioikitiko Efeteio Athinon, hereafter: the Court) delivered Decision No 2019/2009 annulling partially Decision No 318/V/2006 of the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) to (...)

The Hellenic Competition Authority fines a coffee maker nearly €30 million for infringements to article 81 and 82 EC and their domestic equivalents (Nestlé)
University of East Anglia (Norwich)
United Kingdom 29 contributions 26302 visits
Following a complaint made by the competing Greek coffee manufacturer DRITSAS, the Hellenic Competition Commission (HCC) launched an investigation into the coffee products market, investigating alleged breaches of Article 81 and 82 EC (and Articles 1 and 2 of Law 703/77) by NESTLE HELLAS A.E. (...)

The Portuguese Competition Authority condemns a provider of wholesale services for abusive practices in wholesale communications markets (Portugal Telecom Group)
Luís Silva Morais (Lisbon)
Portugal 13 contributions 31247 visits
The Portuguese Competition Authority (“Autoridade da Concorrência”, hereinafter ‘ADC’), has adopted on the 1st September 2008 an important decision concerning abusive practices by PT Comunicações SA (hereinafter ‘PTC’), which is a part of Portugal Telecom Group, the former incumbent and (...)

The Luxembourg Competition Council finds not abusive the refusal by a professional association in the field of car expertise services to accept a member and considers that trade between member States is not affected (OEIPA/Schmitt)
Arendt & Medernach (Luxembourg)
Luxembourg 56 contributions 109980 visits
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NautaDutilh (Luxembourg)
Luxembourg 23 contributions 76756 visits
On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car assessment experts, OEIPA and Mr Carlo Schmit, a Luxembourg car assessment expert. In 1997 OEIPA refused the latter to become a member (...)

The Luxembourg Competition Authority rejects an abuse of dominance complaint in the car insurance sector concerning alleged obligation to use a software application (OEIPA / Le Foyer Assurances)
Bonn & Schmitt (Luxembourg)
Luxembourg 27 contributions 88225 visites
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Rimon (Berlin)
Germany 3 contributions 16270 visits
On 5 September 2007, following quite a lengthy decision, The Competition Council (Conseil de la concurrence) (Council) rejected a complaint submitted to the Competition Inspectorate (Inspectorate) by a professional association of car damage experts (Ordre des experts indépendants (...)

The Luxembourg Competition Authority allows the imposition of an IT tool by a car insurance company on car damage experts (OEIPA / Le FoyerAssurances)
Arendt & Medernach (Luxembourg)
Luxembourg 56 contributions 109980 visits
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NautaDutilh (Luxembourg)
Luxembourg 23 contributions 76756 visits
On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car damage experts, OEIPA and Le Foyer Assurances S.A. (“Le Foyer”), one of the principal car insurances companies in Luxembourg. Le Foyer puts (...)

The Luxembourg Competition Authority renders its first ever decision and negatively applies the essential facilities doctrine in the sector of distribution of domestic heating fuel while holding that trade between Member States is not affected (Rock Fernand Distributions / Tanklux)
Arendt & Medernach (Luxembourg)
Luxembourg 56 contributions 109980 visits
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NautaDutilh (Luxembourg)
Luxembourg 23 contributions 76756 visits
On 23 April 2007 the new Luxembourg national competition authority that has been created in 2004, the Competition Council (“Conseil de la concurrence”), has handed down its first decision on the merits of a competition case brought before it. The Competition Council has chosen to be very (...)

The Slovenian Competition Authority, acting for the first time under art. 82 EC, fines 130 000 EUR an abuse of dominant position in the packaging waste processing market (Slopak)
Fatur Menard (Ljubljana)
Slovénie 20 contributions 53659 visites
This case started in December 2005, when packaging waste processing service provider Intersoh complained to the Slovenian Competition Authority (“SCA”) about the abusive practices of its rival Slopak in the market for processing packaging waste, which is not communal waste. The SCA started the (...)

The French Competition Authority adopts interim measures to protect competition in a public tendering in the maritime sector (SNCM, Corsica Ferries, Compagnie Méridionale de Navigation)
Hewlett Packard (Boulogne-Billancourt)
France 30 contributions 90067 visits
The Conseil de la concurrence recently issued an interim measures decision in which it ordered an injunction against the Société Nationale Maritime Corse Méditerranée (SNCM) on the grounds of Article L. 464-1 of the French Commercial Code. Background The public authorities in Corsica and (...)

The Hellenic Competition Authority rules that the decision of a dominant pharmaceutical firm to stop supplying the wholesalers and distribute the pharmaceuticals itself breaches the Competition Act but not Art. 82 EC despite the effect on trade between Member States (GlaxoSmithKline / Syfait)
Stavros Niarchos Foundation Cultural Center (SNFCC) (Kallithea)
Greece 4 contributions 25795 visits
THE FACTS The dispute between GlaxoSmithKline (hereinafter “GSK”) and the Greek pharmaceutical wholesalers has its routes in 2000, when associations of the latter (amongst them “Sineterismos Farmakopion Etolias & Akarnanias”, “SYFAIT”) submitted numerous complaints to the Hellenic (...)

The Hungarian Competition Authority closes proceedings against alleged abusive prices on the terrestrial broadcasting services market under both Hungarian and EU laws governing the use of unfair prices (Antenna Hungária)
Gide Loyrette Nouel (Budapest)
Hungary 1 contribution 5366 visits
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Hogan Lovells (Budapest)
Hungary 8 contributions 18506 visits
The Hungarian Competition Office (HCO) held a procedure ex officio against the company Antenna Hungária under allegations of abuse of a dominant position on the market by setting excessive prices. Background / Facts of the case Antenna Hungária provides terrestrial broadcasting services (...)

The French Competition Authority hands down a non-suit decision regarding alleged abuse of dominant position in the parallel trade of medicines (Pharma-Lab / GlaxoSmithKline)
French Competition Authority (Paris)
France 743 contributions 395473 visits
Parallel trade in medicines: Pharmaceutical laboratories do not abuse their dominant position when they restrict or refuse deliveries of medicines to exporters, who seek to purchase products in France at an administered price,in order to then sell them on in another country at a higher price.* (...)

The Hungarian Competition Authority states that an increase in prices above the inflation by a dominant local cable operator does not amount to an abuse of dominant position (Dual-Plus)
Ferdowsi Legal (Tehran)
Iran 5 contributions 19750 visits
The Hungarian Competition Office (HCO) led a procedure ex officio against Dual-Plus Kereskedelmi és Szolgáltató Kft. (Dual-Plus) under allegations of abuse of a dominant position on the market, manifested through price increases well above the inflation rate. It rendered its decision on (...)

The Swedish Market Court applies Art. 82 EC in accordance with Art. 3 of EC Reg. n° 1/2003 without regard to the effect on interstate trade criterion regarding alleged abusive pricing of Stockholm airport fees (Luftfartsverket)
Cederquist (Stockholm)
Sweden 8 contributions 37517 visits
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Regeringskansliet
Sweden 2 contributions 10291 visits
The case before the Swedish Market Court concerned the fees charged by the Swedish Civil Aviation Administration (Luftfartsverket, hereinafter “LFV”) for offering parking space for airport coaches at Arlanda airport outside Stockholm. On November 13, 2003, the Swedish Competition Authority (...)

Mergers

 The EU Court of Justice rules that Article 102 TFEU permits the ex post review of completed mergers at the national level, with a non-Community dimension (Towercast)
Freshfields Bruckhaus Deringer (Berlin)
Germany 7 contributions 5634 visits
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Competition and Markets Authority (London)
United Kingdom 7 contributions 2444 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 402 visits
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The European Court of Justice ( CJEU ) handed down its judgment in Towercast on 16 March 2023, confirming Advocate General Juliane Kokott’s Opinion from October 2022 that the prohibition on abuse of dominance under Article 102 TFEU is applicable to certain non-reportable mergers by dominant (...)

The EU Court of Justice resurrects an old doctrine to permit the challenge of completed mergers that fall outside the merger thresholds under Art. 102 TFEU (Towercast)
Shearman & Sterling (London)
Royaume-Uni 23 contributions 14050 visites
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Shearman & Sterling (London)
Royaume-Uni 30 contributions 14049 visites
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Shearman & Sterling (Brussels)
Belgique 21 contributions 10113 visites
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Overview The European Court of Justice (CJEU) brought back to life an old theory which allows acquisitions, which fall below EU and national merger control thresholds, to be challenged post-completion under abuse of dominant position rules (Article 102 TFEU). The judgment creates yet another (...)

The Luxembourg Competition Authority joins a request under the EU Merger Regulation to assess the proposed acquisition in the interactive product design and whiteboarding software market (Figma / Adobe)
Luxembourg Competition Council (Liège)
14 contributions 1697 visites
The Luxembourg Competition Authority joins a request under the EU Merger Regulation to assess the proposed acquisition of Figma by Adobe* On January 30, the Luxembourg Competition Authority has joined for the first time a referral request under article 22 of the EU Merger Regulation (EUMR). (...)

The EU Commission blocks Hungary’s attempt to veto a transaction in the insurance sector under FDI rules (AEGON / Vienna Insurance)
Jones Day (Frankfurt)
Allemagne 17 contributions 3856 visites
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Jones Day (Paris)
France 9 contributions 1264 visits
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Jones Day (Brussels)
Belgique 20 contributions 7975 visites
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In Short The Situation: The European Commission ("EC") issued its first decision ("Decision") regarding the intersection of EU merger control rules and the recent growth in national Foreign Direct Investment ("FDI") regimes. The EC found that the Hungarian government’s decision to block a (...)

The EU Commission finds that Hungary’s veto over the acquisition of an insurance company’s subsidiaries by an Austrian operator breached Article 21 of the EU Merger Regulation (AEGON / Vienna Insurance)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824426 visits
Mergers: Commission finds that Hungary’s veto over the acquisition of AEGON’s Hungarian subsidiaries by VIG breached Article 21 of the EU Merger Regulation* The European Commission has concluded that Hungary’s decision to veto the acquisition of the Hungarian subsidiaries of the AEGON Group (...)

The EU Commission finds that Hungary has violated EU merger rules by vetoing an insurance company for the acquisition of a subsidiary (AEGON / Vienna Insurance)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9548 visits
On 21 February 2022, the European Commission (“Commission”) adopted a decision finding that Hungary had violated Article 21 of the EU Merger Regulation (“EUMR”) by vetoing the Vienna Insurance Group AG Wiener Versicherung Gruppe’s (“VIG”) acquisition of AGEON’s Hungarian subsidiary. In July (...)

The EU Commission releases the new Article 22 EU Merger Regulation Guidance, which creates legal uncertainty for merger control and a de facto killer acquisition review power
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 60 contributions 26210 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 68 contributions 31797 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 38 contributions 13062 visites
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The new Article 22 EU Merger Regulation (EUMR) Guidance released by the European Commission (EC) enables the EC to review any acquisition, even those that do not qualify for notification under national (or EU) merger control rules. Summary The new guidance indicates that the EC will (...)

The European Commission refers the assessment of a proposed acquisition to the German NCA in the market for the provision of free‑TV services to housing associations (Kabel Baden‑Württemberg/Liberty Global)
JG Associates (Brussels)
193 contributions 63256 visits
"Merger: main developments between 1 May and 31 August 2011"* The European Commission refers the assessment of a proposed acquisition to the German competition authority in the market for the provision of free‑TV services to housing associations (Kabel Baden‑Württemberg / Liberty Global) (...)

The Spanish Competition Authority requests the EU Commission on the interpretation of the 15-day deadline to request a referral under article 22 of the EU Merger Regulation (Syngenta/Monsanto)
Cuatrecasas (Barcelona)
Spain 7 contributions 1079 visits
On September 30, 2009, the Spanish Competition Authority (the “CNC”) requested the European Commission to examine, under article 22.1 of the EU Merger Regulation, the transaction through which Syngenta Crop Protection (“Syngenta”) acquired sole control of the sunflower seed business of (...)

The Portuguese Competition Authority requests the examination of a merger by the European Commission (Associated British Foods)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 19 contributions 2513 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 24 contributions 2705 visits
I. Introduction On October 11, 2007, the Portuguese Competition Authority (PCA) was notified of a concentration under which Associated British Foods, Plc (ABF) notified the acquisition of sole control over several assets and companies of GBI Holding, B.V., including in Portugal GBI, (...)

The Hungarian Competition Office concludes that the conditions for individual exemption are fulfilled in case of a joint purchasing and marketing agreement, having found that the joint-venture was not full function (Euronics)
DLA Piper (Budapest)
Hungary 37 contributions 99500 visits
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DLA Piper (Budapest)
Hungary 35 contributions 74863 visits
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Melléthei-Barna (Budapest)
Hungary 3 contributions 18326 visits
The Hungarian Competition Office (HCO) initiated proceedings against the founding companies of Euronics to verify (i) whether Euronics can be regarded as a full-function joint venture, whose establishment should have been notified to the HCO, and (ii) whether the cooperation agreement (...)

The Russian National Competition Authorities scrutinize the creation of a new global leader in the aluminium business after clearance by the EC Commission (United Company RUSAL)
Freshfields Bruckhaus Deringer (Moscow)
Russia 3 contributions 9548 visits
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Freshfields Bruckhaus Deringer (Moscow)
Russia 3 contributions 9548 visits
On 9 October 2006 Open Joint Stock Company Russian Aluminium (RUSAL), Open Joint Stock Company Siberian-Ural Aluminium Company (SUAL) and Glencore International AG (Glencore) signed an agreement to create United Company RUSAL Limited and thus to consolidate RUSAL, SUAL and the alumina (...)

The German Competition Authority refers to the Commission a notification concerning an acquisition on the market for manufacturing of weaving machines (Promatech / Sulzer)
German Competition Authority (Bonn)
Allemagne 447 contributions 113826 visites
Bundeskartellamt refers Promatech/Sulzer merger to competition authority in Brussels* In close cooperation with the competition authorities in the United Kingdom, Italy and Spain the Bundeskartellamt has for the first time applied to have a planned merger notified at national level (...)

State Aids

 The UK High Court rules that an exemption on a sugar import tariff does not constitute state aid (British Sugar)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 34002 visits
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Van Bael & Bellis (Brussels)
Belgium 10 contributions 1945 visits
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Van Bael & Bellis (Brussels)
Belgium 1 contribution 199 visits
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UK High Court rules on sugar advance tariff quota On 24 February 2022, the United Kingdom High Court (the “High Court”) rejected British Sugar’s contention that the sugar advance tariff quota breached Article 10 of the Protocol on Ireland/Northern Ireland (the “Protocol”) on State aid or the (...)

The UK High Court issues a first judgment on the application of State rules under the Northern Ireland Protocol and the new UK subsidy control regime
Ashurst (Brussels)
Belgique 37 contributions 9020 visites
On 24 February 2022, the UK High Court issued the first judgment on the interpretation of EU State aid rules under the Northern Ireland Protocol and the new UK subsidies regime (the "Judgment"). Key takeaways After Brexit, UK measures (including tariff measures) can still be subject to EU (...)

The EU Commission and the UK Government agree on post-Brexit State Aid law in their Trade and Cooperation Agreement
White & Case (Brussels)
Belgium 10 contributions 3002 visits
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White & Case (London)
United Kingdom 12 contributions 2829 visits
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White & Case (London)
United Kingdom 27 contributions 13411 visits
State aid remained one of the key sticking points in Brexit negotiations right until the announcement of the Trade and Cooperation Agreement ("TCA") on Christmas Eve 2020. One of the key priorities of the European Union ("EU") during the negotiations was to secure a "level playing field" on (...)

The EU General Court delivers two judgments providing important guidance on the application of the arm’s length principle in the context of State aid investigations concerning tax measures (Fiat / Starbucks)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 34002 visits
On 24 September 2019, the General Court delivered two judgments in Cases T-755/15, Luxembourg v. Commission and T-759/15, Fiat Chrysler Finance Europe v. Commission, providing important guidance on the application of the arm’s length principle in the context of State aid investigations (...)

The EU General Court delivers two judgments providing guidance on the application of the arm’s length principle in the context of State aid investigations (Fiat / Starbucks)
Skadden, Arps, Slate, Meagher & Flom (Chicago)
United States 2 contributions 472 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 2 contributions 472 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 11 contributions 4531 visits
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Introduction On September 24, 2019, the EU General Court (General Court) issued its long-awaited judgments in relation to the appeals brought against two European Commission (EC) decisions of 2015 concluding that tax rulings granted by The Netherlands and Luxembourg conferred illegal state (...)

The EU General Court delivers two judgments clarifying how State aid rules apply to national tax rulings and determines whether a transfer pricing ruling in respect of intra-group transactions confers a selective advantage under the State aid rules (Fiat / Starbucks)
Baker Botts (Brussels)
Belgium 28 contributions 20206 visits
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Baker Botts (Brussels)
Belgium 7 contributions 9672 visits
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Baker Botts (Brussels)
Belgique 15 contributions 5234 visites
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On 24 September 2019, the General Court (the ‘Court’) upheld the European Commission’s (the ‘Commission’) ruling ordering Luxembourg to recover EUR 23.1 million from Fiat Chrysler Finance Europe (‘FFT’) and annulled the Commission’s ruling ordering the Netherlands to recover EUR 25.7 million (...)

The EU General Court delivers two judgments providing guidance on the application of the arm’s length principle in the context of State aid investigations (Fiat / Starbucks)
Beeton Consulting (London)
Luxembourg 3 contributions 1399 visits
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Arendt & Medernach (Luxembourg)
Luxembourg 56 contributions 109980 visits
THE GENERAL COURT’S JUDGEMENT IN FFT: A CRITIQUE* In its judgments on 24 September in the FFT and Starbucks cases, the EU General Court gave its first view on the European Commission’s tax ruling decisions. These decisions were novel and complex in that they sought to assess whether the tax (...)

The EU Court of Justice finds that Bulgaria’s refusal to grant de minimis aid on exports is valid as it related to the promotion of sales in another Member State (ZPT AD)
Maastricht University
Belgique 353 contributions 64290 visites
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court confirms that State aid is an objective concept, and that in assessing aid measures the Commission is not bound by tax exemptions authorised by the Council (Ireland / Commission)
Maastricht University
Belgium 353 contributions 64291 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court annuls a Commission’s decision finding a Spanish tax illegal (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 34002 visits
On 17 December 2015, the General Court (“GC”) handed down its judgment in joined cases T-515/13, Spain v Commission and T-719/13, Lico Leasing SA and Pequeños y Medianos Astilleros Sociedad de Reconversión SA v Commission annulling a 2013 European Commission decision which had found that the (...)

The EU General Court overturns a Commission finding that a Spanish tax lease system is illegal State aid (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)
Maastricht University
Belgium 353 contributions 64291 visits
An Exception Is Not Necessarily Selective: The Case of the Spanish Tax Lease* An exception from a tax system is not selective if it is a priori open to any tax payer. Checks by tax authorities to ensure that a measure is applied correctly do not constitute exercise of administrative (...)

The EU General Court annuls the Commission’s decision declaring the Spanish tax lease system to constitute illegal State aid (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)
ADIF (Madrid)
Spain 1 contribution 620 visits
1. Introduction On July 2011 the Commission launched an investigation into a Spanish scheme for the purchase of ships involving leasing and financing through tax relief. The complex scheme granted company income tax discounts to investors that invested in an Economic Interest Grouping (...)

The EU General Court holds that the sale of Greek goldmines for below their market value is incompatible State aid (Greece / Ellinikos Chrysos)
Maastricht University
Belgium 353 contributions 64291 visits
*Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The European Commission finds measures offering free services to SMEs not to constitute State aid because they could not be reasonably expected to affect cross-border trade (Wirtschaftsbüro Gaarden)
Maastricht University
Belgium 353 contributions 64291 visits
Germany Scores a Hat-trick of Non-Aid Measures!* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That (...)

The EU Commission finds a measure allowing a rental agreement to accommodate medical practitioners at a preferential rate not to constitute State aid because its scope is too limited and there is no effect on trade between Member States (Medical centre in Durmersheim)
Maastricht University
Belgium 353 contributions 64291 visits
Germany Scores a Hat-trick of Non-Aid Measures!* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That (...)

The European Commission finds measures not to constitute State aid in the medical sector because, being of interest only for local patients, they did not effected trade between member States (Landgrafen - Klinik)
Maastricht University
Belgium 353 contributions 64291 visits
Germany Scores a Hat-trick of Non-Aid Measures!* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That (...)

The EU Commission finds a measure aimed at helping public hospitals not to constitute State aid because it did not affect the trade between member States (Hradec Králové Region)
Maastricht University
Belgium 353 contributions 64291 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission finds a measure helping an outdoor training centre not to constitute State aid for lack of affectation of interstate trade, based on the local origin of users (Glenmore Lodge)
Maastricht University
Belgium 353 contributions 64291 visits
SA.37963: Glenmore Lodge, UK* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That seven measures were (...)

The EU Court of Justice and General Court explain how to determine whether state guarantees constitute State aid and how much aid is involved (Banco Privado Português)
Maastricht University
Belgium 353 contributions 64291 visits
State Guarantees* The amount of State aid in a guarantee that makes possible the granting of a loan to a well-collateralised firm in difficulty is not the difference in premium but the difference in interest rates. Beneficiaries of guarantees not notified to the Commission do not have any (...)

The EU Court of Justice rules that public funding of bus lanes used by British taxis does not constitute State aid (Eventech / Parking Adjudicator)
Maastricht University
Belgium 353 contributions 64291 visits
*Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court upholds the Commission’s decision to approve a restructuring aid given to a financial institution conditional on divestment of public shareholdings (Westfälisch-Lippischer Sparkassen-und Giroverband / Commission)
Maastricht University
Belgium 353 contributions 64291 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court upholds the decision of the Commission stating that compensatory payments can be State aid even if partially funded by private funds and specifies that recovery may exclude payments that satisfy the conditions of the relevant de minimis regulation (Greece)
Maastricht University
Belgium 353 contributions 64291 visits
Compensatory Payments Can be State Aid* Main points Article 107(1) also applies to payments that offset the damage caused by natural disasters. It is irrelevant that the compensation is partial or that competitors did not suffer similar damage. A measure can be State aid even if it is (...)

The EU Commission investigates national tax rulings on transfer pricing (Starbucks / Apple / Fiat)
White & Case (Brussels)
Belgique 57 contributions 57408 visites
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Deloitte (Brussels)
Belgium 12 contributions 4405 visits
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White & Case (Brussels)
Belgium 50 contributions 37933 visits
The European Commission (“EC”) has long sought to eliminate so-called harmful tax competition, which it sees as undermining the integrity of the internal market, fair competition and the fiscal sustainability of the Member States. Although the EU Member States remain sovereign in this area, (...)

The EU Commission finds that the potential of the archaeological museum to affect intra-EU trade was low and therefore the measure did not constitute state aid (Messara Creta)
Maastricht University
Belgium 353 contributions 64291 visits
Article published on Lexxion State Aid Blog Why Can the Commission Not Be Consistent in its Analysis of Economic Activity and Affectation of Trade?* Introduction If you ask a national official who deals with State aid to identify the most challenging aspects of working with State aid (...)

The EU Commission re-examines a previously compatible Irish State aid scheme in light of the 2005 and 2012 SGEI packages (Electricity Supervisory Board)
Maastricht University
Belgique 353 contributions 64290 visites
Sale of Public Assets, SGEI and Electricity Levies* Main points Revenue from levies on electricity users is most likely to constitute State resources. Public service obligations can be transferred from one electricity-generating company to another. Compensation for public service obligations (...)

The EU Commission decides that the measure for the development of sustainable tourism had no impact on intra-EU trade and, consequently, did not constitute state aid (NUTS II region Southeast)
Maastricht University
Belgique 353 contributions 64290 visites
Article published on Lexxion State Aid Blog How Not to Determine the Effect on Trade [Infrastructure for Tourism, Czech Republic (SA.35909)]* Introduction Normally the articles in this blog identify landmark court rulings and seminal decisions of the Commission which set important (...)

The Finnish Supreme Administrative Court decides that the EU State aid rules do not apply to a transaction where industrial property was sold (KHO)
University of Helsinki
Finland 12 contributions 3315 visits
The municipal executive board of the municipality of Iitti had accepted a sale of industrial property choosing one of two offers made. The industrial property included a land area and an industrial building. Due to a complaint by a resident of the municipality, a Finnish administrative court (...)

The EU Commission decides that the public financing of non-commercially used infrastructure does not constitute an advantage and has no effect on interstate trade (Przemyśl)
Maastricht University
Belgique 353 contributions 64290 visites
Article published on Lexxion State Aid Blog. A Case of Public Funding of Infrastructure that Does not Constitute State Aid: But Many Questions Remain* Introduction After the landmark judgment in Leipzig-Halle, public authorities are justifiably careful to ensure that the infrastructure (...)

A Dutch District Court holds that the award of parking management contracts in a cross-border region does not have automatically an effect on intra Community trade (P1 Holding)
Arendt & Medernach (Luxembourg)
Luxembourg 56 contributions 109979 visits
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NautaDutilh (Luxembourg)
Luxembourg 23 contributions 76756 visits
Case 1. On 22 November 2002, the Municipality of Maastricht has awarded directly, i.e., without any public tender procedure a contract to the undertaking Q-Park for the renovation and operation of several parking lots for a period of 30 years. P1, one of Q-Park’s competitors, challenged (...)

The French Administrative Supreme Court holds that aid to the daily press financed by a tax levied on advertising expenses affects trade between Member States and consequently amounts to State aid (Auchan)
Lenoir Avocats (Paris)
17 contributions 93780 visits
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Eversheds Sutherland (Paris)
France 14 contributions 82048 visits
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Johnson & Johnson (Issy-les-Moulineaux)
France 13 contributions 80176 visits
Background and facts Article 23 of Law n° 97-1269 of 30 December 1997 () introduced a tax levied on certain advertising expenses (the Tax). The revenue of the Tax is used for the financing of a fund dedicated to the modernization of the daily press. Fund subsidies were granted to (...)

The Danish Competition Authority rejects a complaint concerning an alleged violation of State aid rules on the grounds that the State aid measure is likely to affect trade between Member States and consequently lacks competence under Section 11a of the Danish Competition Act (Teknologisk Institut)
Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Denmark 31 contributions 36657 visits
Factual Background The Centre of Tribology, which is part of the Technological Institute, is active in the field of tribology (comprising advanced surface treatment of tools and machine parts). It receives public funding from both the European Union and the Danish State. The Danish (...)

Procedures

 The EFTA Surveillance Authority opens infringement proceedings against Norway for restricting ownership in credit institutions and insurance undertakings
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28041 visits
ESA opens infringement proceedings against Norway for restricting ownership in credit institutions and insurance undertakings* The EFTA Surveillance Authority (ESA) has today in two separate cases issued letters of formal notice to Norway over its incorrect implementation and application of (...)

The EU General Court extends the Commission discretion when rejecting complaints (Si.mobil)
Pérez-Llorca (Madrid)
Spain 3 contributions 1891 visits
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ClientEarth
Belgium 2 contributions 2018 visits
Si.mobil v European Commission (T-201/11) – ‎Undermining the Effectiveness of EU Competition law?* According to the Automec case-law (paras. 73 ff), the European Commission has discretion as to how it deals with complaints. That said, the Court of Justice of the European Union has clearly (...)

The Scottish Government decides to organise a referendum on Scotland’s status of independence and the impact on competition enforcement in Britain
University of East Anglia (Norwich)
United Kingdom 29 contributions 26302 visits
Article published on Centre for Competition Policy blog. Competition Policy and Scottish Independence* On 18 September 2014 Scottish residents will be asked whether Scotland should be an independent country. A discussion was held at the recent Antitrust Enforcement Symposium (held by the (...)

The French Competition Authority fines incumbent telecom operator in overseas territories and applies EU case law on presumption of liability of parent companies for the first time (Orange Caribbean)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 218080 visites
France: The Autorité fines Incumbant Telecom Operator in the Overseas Territories and applies EU Case-Law on Presumption of Liability of Parent Companies for the first Time On 9 December 2009, the Autorité de la concurrence imposed on Orange Caribbean, the incumbent and leading telecom (...)

The German Federal Court of Justice affirms the coherence of German and European Competition law and German Civil law concerning anticompetitive practices (Subcontractor II)
University of Erfurt
Germany 3 contributions 7204 visits
Facts The parties argue about the validity of a post-contractual non-compete clause. The plaintiff deals with the development, production and construction of certain technical equipments. The defendant was an employee of the plaintiff in the past. Then he went into business for himself on (...)

The Polish Competition Authority considers that a practice capable of affecting trade between Member States may be deemed as an aggravating factor in the assessment of anticompetitive practices (PZU Życie)
European Commission - DG COMP (Brussels)
France 37 contributions 155628 visits
It is well known that since 1st May 2004 and according to Article 3(1) of the Regulation n° 1/2003 the President of the Office of Competition and Consumer Protection (hereafter: the OCCP President), as the Polish National Authority, cannot apply only national law to practices prohibited by (...)

The Irish High Court grants a permanent injunction against the plaintiff undertaking who fails to prove that exclusivity clauses in retail contracts breach Art. 81 and 82 EC (Masterfooods / Ice Cream)
London School of Economics
Belgique 37 contributions 156576 visites
Facts HB Ice-Cream Ltd., hereinafter HB, was an ice-cream manufacturer in Ireland which exerted considerable market power. HB had concluded contracts with many Irish retailers which included a so-called “exclusivity clause”; this clause stipulated that HB would provide the retailers with (...)

The Irish High Court accepts in principle yet rejected on the facts a claim based on Art. 82 EC in a civil action (Cadbury Ireland/Kerry Co-operative Creameries)
London School of Economics
Belgique 37 contributions 156576 visites
Factual background The second defendant undertaking in this case, Dairy Disposal, is an undertaking which, under the watchful eye of the Minister for Agriculture, disposes of significant statutory powers to acquire privately owned creameries and to possibly transfer them to co-operative (...)

Regulations

 The EU Commission issues its regulatory proposal containing novel measures to tackle foreign subsidies distorting the EU market
Herbert Smith Freehills (Brussels)
Belgique 116 contributions 71797 visites
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Herbert Smith Freehills (Brussels)
Belgium 9 contributions 2363 visits
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Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17679 visits
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On 5 May 2021, the European Commission (Commission) issued its proposal for a Regulation on foreign subsidies distorting the EU market. This follows on from the Commission’s White Paper issued in June 2020 and the extensive public consultation that ensued. The primary objective of this (...)

The EU Commission issues its proposal to create wide-ranging powers to tackle non-EU subsidies which may distort competition in the Single Market
Dechert (Brussels)
Belgique 26 contributions 35656 visites
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Eversheds Sutherland (Brussels)
Belgium 7 contributions 6383 visits
On May 5 the European Commission issued its proposal to create wide-ranging powers to tackle non-European subsidies which may distort competition in Europe. The proposal introduces three different regimes: An ex officio investigation up to 10 years after the subsidy was received. A mandatory (...)

The Kazakh Antimonopoly Agency issues a binding instruction for the Communications and Informatisation Committee to amend discriminatory terms and conditions of licenses granted to certain cellular operators (Kar / Tel)
Center for Development and Protection of Competition Policy (Astana)
Kazakhstan 9 contributions 1993 visits
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Reed Smith (Astana)
Kazakhstan 4 contributions 905 visits
The Communications and informatisation Committee of the Transport and Communications Ministry of the Republic of Kazakhstan (‘Committee’) implements a state function of licensing for providing cellular communication. Paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan “On (...)

The OECD holds a roundtable on competition in ports and port services
OECD - Competition Division (Paris)
France 313 contributions 1374018 visites
Ports, whether maritime, inland or river ports, are important pieces of infrastructure that serve a wide range of customers including freight shippers, ferry operators and private boats. One of the main functions of ports is facilitating the domestic and international trade of goods, often on (...)

The Bulgarian Competition Authority proposes amendments to regulation on wholesale trade in medicines
European Commission - DG COMP (Brussels)
Belgique 714 contributions 218080 visites
Bulgaria: The Competition Authority proposes Amendments to Regulation on Wholesale Trade in Medicines* On 17 February 2011, the Commission on Protection of Competition (CPC) proposed amendments to the Regulation obliging producers/importers of medicines to designate which wholesalers will (...)

The West African Competition Authority finds that Senegal infringes the regional competition law by taking actions that foreclose its national market to competition from Ivory Coast raising issues related to the integration process in West Africa (Norme NS-072)
Africa University (Mutare)
Germany 4 contributions 3781 visits
1 Introduction and background on WAEMU This contribution reports on a case decided by the Competition Commission of the West African Economic and Monetary Union (WAEMU). The decision, Norme NS-72, raises issues at the cross-road of trade, regional integration and competition law. WAEMU is (...)

The US Supreme Court invalidates state laws in Michigan and New York, barring out of state wineries from selling directly to instate consumers, while allowing such sales by instate wineries (Granholm / Heald)
Sheppard Mullin (Los Angeles)
États-Unis 46 contributions 7903 visites
Supreme Court Rules Against State Law Bans On Interstate Direct Shipment Of Wine* On May 16, 2005, the United States Supreme Court struck down state laws in Michigan and New York, barring out of state wineries from selling directly to instate consumers, while allowing such sales by instate (...)

Anticompetitive practices

 The EU Court of Justice finds, following a preliminary reference, that certain interchange fees imposed by a bank payable on cross-border card transactions within the EEA are anticompetitive (Budapest Bank)
Hausfeld (London)
United Kingdom 20 contributions 5171 visits
On 2 April, the European Court of Justice (“CJEU”) issued a judgment arising from a preliminary reference from the Hungarian Supreme Court concerning a 2009 decision by the Hungarian Competition Authority against Visa Europe Ltd (“Visa”), MasterCard Europe SA (“MasterCard”) and a number of (...)

The Italian Competition Authority initiates a proceeding against the sale of a generic drug for the treatment of HIV infections sold as a remedy to fight the COVID-19 virus (Kaletra)
University of Turin (Turin)
Italy 7 contributions 8529 visits
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Studio Legale Bichiri (Turin)
Italy 1 contribution 458 visits
1.Introduction The spread of the Covid-19 pandemic is unfortunately accompanied by the equally rapid one of unfair commercial practices in Italy. A worrying scenario, also for potential, serious effects on people’s health, on which the Italian Competition Authority (‘ICA’) continues to keep (...)

The Turkish Competition Authority fines a Dutch company for obstructing parallel trade in the National energy solution market (Arti Marin / Mastervolt / Eltesan)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4475 visits
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ACTECON (Istanbul)
Turkey 12 contributions 2809 visits
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ACTECON (Istanbul)
Turkey 8 contributions 1970 visits
Introduction On 29.01.2020, Turkish Competition Authority (“TCA”) announced its final decision (“Final Decision”) concerning the investigation conducted against Artı Marin Mobil Enerji Sistemleri Inc. (“Artı Marin”) and Mastervolt International Holding BV (“Mastervolt”), a Netherlands based (...)

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)
Belgique 154 contributions 52727 visites
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 investigates an alleged anticompetitive agreement in the e-commerce sector for having implemented vertical restraints (Hepsiburada / Anka Mobil)
Erdem & Erdem (Istanbul)
Turquie 67 contributions 75786 visites
Introduction With its decision dated 10.07.2019 and numbered 19-22/326-M, the Turkish Competition Board (“Board”) launched a formal investigation against D-Market Elektronik Hizmetleri ve Ticaret A.Ş. (“Hepsiburada”) and Anka Mobil Tedarik A.Ş. (“Anka Mobil”) to determine whether the (...)

The EU Commission fines a clothing brand and retailer €40M for anticompetitive agreements to block cross-border sales (Guess)
European Commission - DG COMP (Brussels)
Belgique 1338 contributions 2824359 visites
Antitrust: Commission fines Guess €40 million for anticompetitive agreements to block cross-border sales* The European Commission today fined the clothing company Guess €39 821 000 for restricting retailers from online advertising and selling cross-border to consumers in other Member States (...)

The EU Commission fines a clothing company for restricting retailers from online advertising and selling cross-border to consumers in other Member States (Guess)
McDermott Will & Emery (Paris)
France 134 contributions 66026 visites
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Norton Rose Fulbright (Brussels)
Belgique 37 contributions 7060 visites
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McDermott Will & Emery (Brussels)
Belgique 43 contributions 7575 visites
On 17 December 2018, the EC announced its decision to fine the clothing and accessories company Guess EUR 39.821 million for restricting retailers from online advertising and selling cross-border to consumers in other Member States. By doing so the company was able to maintain artificially (...)

The Shanghai Intellectual Property Court determines whether there are protectable interests and concludes that the degree of damage suffered by the plaintiff is not enough to meet the need for relief through the anti-unfair competition law (Beijing iQIYI Technology / Beijing Sogou Information)
Beijing Foreign Studies University
China 2 contributions 683 visits
The Anti-Unfair Competition Law of the People’s Republic of China stipulates seven types of unfair competition, namely, label confusion (Article 6), commercial bribery (Article 7), misleading statements (Article 8), infringement on trade secrets (Article 9), improper prize-winning sales (...)

The EU Commission announces a tender procedure to analyze the competition implications of loan syndication in six EU Member States
Baker McKenzie (Brussels)
United States 5 contributions 820 visits
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Baker McKenzie (London)
United Kingdom 2 contributions 505 visits
In the context of continued regulatory scrutiny of the financial services and insurance sectors by competition authorities, the European Commission announced on 24 April 2017 that it has issued a tender to analyse the competition implications of loan syndication in six EU Member States. This (...)

The EU Commission challenges the governance rules of an international sports association as being incompatible with competition law (International Skating Union)
Pérez-Llorca (Madrid)
Spain 3 contributions 1891 visits
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King’s College (London)
Belgium 13 contributions 9329 visits
Skating on thin ice: The European Commission challenges the governance rules of an international sports association as being incompatible with European antitrust rules* The recent announcement by the European Commission (“the Commission”) that it is actively looking into the compatibility (...)

The EU Commission publishes the initial findings of its e-commerce sector inquiry
White & Case (Brussels)
Belgium 35 contributions 13147 visits
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Hogan Lovells (Brussels)
Belgium 20 contributions 8723 visits
European Commission’s e-commerce sector inquiry - increasing anti-trust heat* Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. On 15 September 2016, the European Commission published a detailed 290 page (...)

The EU Commission publishes initial findings of e-commerce sector inquiry report
Bydgoszcz University of Technology and Life Sciences (UOKIK)
Poland 2 contributions 4191 visits
On 15 September 2016, the European Commission published a preliminary report on its initial findings in the e-commerce sector inquiry, aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. This development follows the Commission’s (...)

The Finnish Competition and Consumer Authority and the Finnish Ministry of Employment and the Economy jointly explore potential need to develop national law regarding digital business and commerce
University of Helsinki
Finland 12 contributions 3315 visits
The Finnish Competition and Consumer Authority (FCCA) and the Finnish Ministry of Employment and the Economy (FMEE) have published a press release and a memo about launching a study on digital business and commerce from the standpoint of assessing whether the need exists to better adapt (...)

The French Supreme Court upholds fines based on dawn raids carried out by the UK Competition Authority in jet fuels cartel (Chevron Products / Shell / Total Outre-mer / Air France)
Simmons & Simmons (Paris)
France 27 contributions 58875 visits
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Bayer (Loos)
France 3 contributions 3459 visits
A French Competition Authority infringement decision based on dawn raids carried out by the UK Office of Fair Trading has been upheld by France’s highest court. In a second ruling in the jet fuels cartel appeal, the French Supreme Court has upheld the 2008 decision of the French Competition (...)

The Romanian Competition Council analyzes the compatibility between national law provisions on the trade of dietary supplements with the provisions of EU treaties on free movement of goods (Advanced Nutrition)
DLA Piper (Bucharest)
Romania 8 contributions 2378 visits
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DLA Piper (Bucharest)
Romania 3 contributions 790 visits
Introduction The Romanian Competition Council ("RCC") published in October 2014 a decision concerning the alleged discriminatory conditions created by the national legislative framework regarding the trade of dietary supplements in Romania ("RCC Decision"). The analysis carried out by the RCC (...)

The Spanish Competition Authority fines association in market for transport of freight by road in port of Alicante for price fixing (Astraco)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 218080 visites
Spain: The Comisión Nacional de los Mercados y la Competencia fines Association in Market for Transport of Freight by Road in Port of Alicante* On 10 July 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) adopted a decision in which it found that ASTRACO (Asociación (...)

The US Court of Appeals for the Second Circuit rejects antitrust claims finding that the injury preceded any domestic effect in the causal chain (Lotes / Hon Hai Precision Industry)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 38921 visites
Second Circuit Clarifies Application of Foreign Trade Antitrust Improvements Act* The U.S. Court of Appeals in New York City on June 4 ruled that the Foreign Trade Antitrust Improvements Act (FTAIA) barred the antitrust claims of a Taiwanese electronics manufacturing company with facilities (...)

The US Court of Appeals for the 7th Circuit dismisses price-fixing claims based on overseas purchases of LCD panels made by foreign affiliates (Motorola Mobility / AU Optronics)
Vinson & Elkins (San Francisco)
United States 6 contributions 954 visits
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Oracle (San Francisco)
United States 6 contributions 2501 visits
LCD Court Dismisses Motorola’s Multi-Billion Dollar Antitrust Claims Based On Overseas Purchases* On January 23, in a landmark decision that is one of the most important yet to be handed down in the sprawling LCD antitrust litigation pending in various federal courts since 2006, Judge Joan (...)

The Hungarian Competition Authority imposes fines on 11 financial institutions due to their concerted practices which aimed at limiting the full prepayment of foreign currency loans (Budapest Bank)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19130 visits
9,5 billion HUF fine in the "full prepayment loan banking case"* The Gazdasági Versenyhivatal (GVH, the Hungarian Competition Authority) in its decision delivered on 19 November 2013 imposed a fine of 9.488.200.000 (cca 31,6 million Euro) on 11 financial institutions due to their concerted (...)

The Competition Commission of India penalizes theatre owners association for engaging in anti-competitive practices in violation of section 3 of the Competition Act 2002 (Reliance)
University of Manchester
United Kingdom 4 contributions 3218 visits
OrderVide its order dated 05.11.13 in Case No. 78 of 2011, the Competition Commission of India (Commission) penalised the Tamil Nadu Film Exhibitors Association (now known as Tamil Nadu Theatre Owners Association or TNTOA) under section 27 of the Indian Commission Act, 2002 in the sum of (...)

The Spanish Competition Commission rejects that a public entity exceeding its legal authority, but not acting as an economic operator, can be held responsible for participating in anticompetitive conducts (Junta de Andalucía)
Spanish Competition Authority (CNMC) (Madrid)
Belgium 14 contributions 12419 visits
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Telefonica (Madrid)
Spain 3 contributions 1372 visits
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European Commission
Belgium 3 contributions 741 visits
On July 16, 2013, the National Court issued judgment number 3472/2013 on the appeal the Junta de Andalucía submitted against the decision of the Comisión Nacional de la Competencia (Spanish Competition Commission, “CNC”), of October 6, 2011. The National Court considered that when a public (...)

The Portuguese Appeal Court of Lisbon upholds dismissal of private enforcement action that opposed a distributor to a manufacturer in the gas bottle market and provides important general clarifications (Gas bottle distributor)
University of Lisbon
Portugal 18 contributions 10584 visits
The Lisbon Appeal Court confirmed the dismissal of a distributor’s claims for compensation in a private enforcement case in the gas bottle distribution market involving a territorial protection clause. The distributor sued the manufacturer after the latter ended a 42 year-long commercial (...)

The Lisbon Appeal Court upholds Competition Authority’s decision fining an association of parking companies for participating in a cartel (ANEPE)
Sérvulo (Lisbon)
Portugal 18 contributions 25990 visits
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University of Lisbon
Portugal 18 contributions 10584 visits
On 31 December 2010, the Portuguese Competition Authority (PCA) adopted a decision finding that the Portuguese Association of Parking Companies (ANEPE) had adopted an anticompetitive decision and imposed a fine of EUR 1.971.397, 17. In short, the PCA concluded that ANEPE had coordinated its (...)

The Hellenic Supreme Administrative Court partially annuls a decision finding infringements of both Art 101 TFEU and Art 1 Act 703/1977 through the implementation of a resale price maintenance scheme in the market for dairy products (Vivartia / Megval / Fage / Olympos and Rodopi)
Mikroulea, Staikouras & Associates (Athens)
Greece 12 contributions 6947 visits
Introduction On 3 April 2013, the second Senate of the Council of State (Symvoulio tis Epikrateias, the Greek Supreme Administrative Court) delivered Ruling No 1324/2013 which partially annuls Ruling No 3008/2009 of the Athens Administrative Court of Appeal (Dioikitiko Efeteio Athinon). The (...)

The Paris Court of Appeal confirms a decision of the Competition Authority in an aviation fuel cartel case (Chevron-Texaco / Total / Exxon Mobil / Shell)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92693 visits
On 28 March 2013, the Paris Court of Appeal confirmed a 2008 decision of the French Competition Authority imposing fines totalling € 41.1 million on fuel companies of the Chevron- Texaco, Total, Exxon Mobil and Shell groups for collusive tendering in the supply of aviation fuel to Air (...)

The Paris Court of Appeal upholds the Competition Authority’s decision in the jet fuel sector in La Réunion (Shell / Chevron / Total / Esso / Air France)
Nest Avocats (Paris)
France 14 contributions 39103 visits
1. The facts In January 2003, Air France lodged a complaint before the French Competition Authority (FCA) regarding an alleged cartel between the four oil companies established in the La Reunion Island Airport during the 2002 Air France’s tender. First inquiries were made in La Reunion and (...)

The Turkish Competition Authority closes the investigation launched ex officio into alleged resale price maintenance of the market leader LPG distribution company (AYGAZ)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 12009 visites
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has closed the investigation it launched ex officio into alleged resale price maintenance of the market leader LPG distribution company, AYGAZ, due to a lack of appreciable effect on competition in the LPG (...)

The Hellenic Competition Commission fines a professional association for infringing Art 1 Act 703/1977 by fixing the prices for constructing buildings and restricting their sale (E.K.K.E.)
Mikroulea, Staikouras & Associates (Athens)
Greece 12 contributions 6947 visits
Introduction On 7 February 2013, the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) issued an infringement decision against the Building Constructors’ Association of Greece (Enosi Kataskeuaston Ktirion Ellados, hereafter: E.K.K.E.) for violation of Art 1 Act (...)

The German Competition Authority accepts commitments offered by a German airline concerning its contracts with business clients and the collection of sensitive client information which might be anti-competitive (Lufthansa)
Utrecht University
Pays-Bas 5 contributions 1574 visites
The commitments decision concerns the Federal Cartel Office’s (FCO) proceedings against Lufthansa‘s contracts with business clients and the collection of sensitive client information which might be anti-competitive. Background The FCO commenced proceedings against Lufthansa in September (...)

The EU Court of Justice rules that if there is an appreciable restriction of competition and that National Competition Authorities may apply Art. 101(1) TFEU even if de minimis threshold is not reached (Expedia)
University College London
United Kingdom 2 contributions 1237 visits
In a reference for a preliminary ruling under Article 267 TFEU, from the Cour de cassation (France), made by decision of 10 May 2011 in relation to proceedings between the company Expedia Inc. (’Expedia’) and the Autorité de la concurrence (’the Competition Authority’) the ECJ (Second Chamber) (...)

The EU Commission finds in a case concerning e-books that, given the nature of the relevant product, concerted practices covering a substantial part of the EEA may affect interstate trade (E-Books)
European University Institute (Florence)
Italy 49 contributions 104958 visits
Sad but true* I love commitments decisions because they are a quick read. But I also hate dislike them because they leave the reader angry hungry for more. Some evidence: in the E-Books case, the effect on trade condition was deemed fulfilled under the simplest possible sort of analysis: (...)

The Higher Regional Court of Düsseldorf modifies calculation of fines for cartels and significantly lowers fines imposed by the German Federal Cartel Office (Silostellgebühren I)
Freshfields Bruckhaus Deringer (Berlin)
Allemagne 31 contributions 121126 visites
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Hogan Lovells (Munich)
Germany 65 contributions 25105 visits
I. The Facts In two proceedings in 2009 and 2010 the German Federal Cartel Office (FCO) imposed total fines of about € 53,1 million (€ 39,69 million in 2009, and € 13,36 million in 2010) on several undertakings and individuals operating in the dry mortar sector. The judgement at hand concerns (...)

The ECJ Advocate General Cruz Villalón delivers his opinion concerning the interpretation of Article 101(1) TFEU in relation to a purely internal situation (Allianz Hungária Biztosító)
Mircea & Partners (Bucharest)
Romania 32 contributions 16597 visits
I. Introduction From the reference for preliminary ruling it follows unmistakably that the proceedings before the referring Court concern an infringement of the national competition law and that Article 101 TFEU is only circuitously contemplated. According to AG Cruz Villalón the reference (...)

The Hellenic Competition Commission issues an interim measures order prohibiting a collective boycott by a pharmacists association (Infant Milk)
Mikroulea, Staikouras & Associates (Athens)
Greece 12 contributions 6947 visits
Introduction On 27 July 2012, the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) issued an interim measures order prohibiting the implementation of a collective boycott relating to infant milk products of certain companies. The boycott was adopted by the (...)

The US Court of Appeals for the Third Circuit adopts the rule of reason analysis in evaluating the legality of reverse payment settlements by rejecting the "scope of patent" test and creating a Circuit split on this issue (Louisiana Wholesale Drug Company / Schering / Upsher-Smith)
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP (London)
2 contributions 758 visits
On 16 July 2012, the US Third Circuit Court of Appeals rejected the scope of the patent test used by the New Jersey District Court in concluding that the patent settlement agreements (“Agreements”), providing for payments from Schering-Plough Corporation (“Schering”) (subsequently acquired by (...)

A Portuguese Court confirms that a professional association training regulation constitutes a breach of competition rules (Ordem dos Técnicos Oficiais de Contas)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 19 contributions 2513 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 24 contributions 2705 visits
I. Introduction The Portuguese Association of Chartered Accountants (“Ordem dos Técnicos Oficiais de Contas”) (ACA) judicially appealed to the Lisbon Commerce Court the national Competition Authority decision which applied a fine €114.654,10 based on an alleged illegal decision of the (...)

The EU Commission publishes a set of documents dealing with cooperation between competitors
Baker Botts (Brussels)
Belgium 29 contributions 48999 visits
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Hogan Lovells (Washington)
États-Unis 17 contributions 7012 visites
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Office for Gas and Electricity Markets (OFGEM)
United Kingdom 1 contribution 837 visits
On 14 December 2010, the European Commission (the «Commission«) published a set of documents dealing with cooperation between competitors, comprised of guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union («TFEU«) (the «EU Guidelines«) and two (...)

The Romanian Competition Council fines for client sharing agreements 14 administrators of mandatory pensions funds, applying for the first time both Art. 101(1) TFUE and national mirror provision (Pension Funds administrators case)
Peli Filip (Bucharest)
Romania 10 contributions 24734 visits
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Peli Filip (Bucharest)
Romania 3 contributions 6936 visits
On 16 September 2010 the Romanian Competition Council (the “Council”) published Decision n° 39/07.09.2010 sanctioning almost all the players in the Romanian market for private administration of mandatory pensions funds (14 out of 18 players active on the market) for a client sharing cartel (...)

The Romanian Competition Authority prosecutes fourteen private pension funds for client sharing agreements in violation of the sector-specific regulation (Aegon)
University of Macau - Faculty of Law
Chine 284 contributions 224973 visites
On 7 September the Romanian Competition Authority (CC) held that fourteen private pension funds have infringed Article 101(1) TFEU by dividing their clients in violation of the sector specific regulation which prescribed a different procedure for the assignment of clients. The Romanian (...)

A U.S. District Court allows challenge to alleged conspiracy formed through public statements (AirTran, Delta)
Jones Day (Washington)
États-Unis 17 contributions 14178 visites
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Jones Day (Houston)
États-Unis 35 contributions 15678 visites
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United States 23 contributions 11341 visits
A recent court decision on alleged “signaling” of competitive plans between airlines highlights the antitrust risks of making detailed public statements about future business plans. On August 2, 2010, a federal district court in Atlanta refused to dismiss an airline passenger class action (...)

The French Competition Authority accepts commitments to address competition concerns in the discount coupons sector (HighCo / Sogec / Perifem)
Autorité de la concurrence (Paris)
France 743 contributions 395466 visites
The Autorité de la concurrence accepts commitments enabling all market operators to use Webcoupon or to develop equivalent solutions* After a referral by the Institut de liaisons et d’études des industries de consommation (ILEC), and the company Ma Liste de Courses (MLDC), which complained (...)

The Svea Court of Appeal in Stockholm regards an association for copyright holders as undertaking and views ancillary agreements as giving effect to an anti-competitive agreement (ALIS / Mediearkivet)
Baker McKenzie (Stockholm)
Sweden 3 contributions 681 visits
ALIS (The Administration of Literary Rights) is a non-profit organisation that was formed by four associations for educational writers, authors, journalists and actors. To ALIS were also a number of independent copyright holders associated by agreement. ALIS role is to protect the member’s (...)

The Spanish Competition Authority opens formal proceedings on anti-competitive practices in the plastic containers for fruit and vegetable packaging sector (INFIA, S.r.l.-Divisione ILIP, AGROENVAS and VERIPACK EMBALAJES)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 218080 visites
Spain/Italy: The Italian Competition Authority (AGCM) carries out Inspections on behalf and for the account of the Comision Nacional de la Competencia (CNC) On 2 March 2010, inspectors from the CNC have carried out inspections at the head offices of the leading makers and sellers of plastic (...)

The Irish Supreme Court holds that medical council is not an association of undertakings for the purposes of competition law (Ramadan Hemat / Medical Council)
Arthur Cox (Dublin)
Irlande 8 contributions 6076 visites
Ramadan Hemat v the Medical Council[2010] IESC 24 concerns a Supreme Court appeal arising out of a decision of Mr Justice McKechnie in the High Court. The question before the appeal court was whether the Medical Council was an association of undertakings for the purposes of competition law at (...)

The Czech Competition Authority fines a lignite mining company for implementing anticompetitive agreements containing lignite fuels export bans (SUPN)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 218080 visites
Czech Republic: Export Bans of Lignite Fuels are anti-competitive The Office for the Protection of Competition (“the Czech NCA”) adopted on 8 January 2010 a decision finding that Sokolovská uhelná, právní nástupce, a.s. (hereinafter referred to as „SUPN“) had infringed the Czech Competition (...)

The Austrian Supreme Court rules that a newspaper distributor cannot be considered an agent under EU competition law (Newspaper Distributor II)
Salzburg University
Austria 8 contributions 23733 visits
Background The Austrian Competition Authority (“Bundeswettbewerbsbehörde”) successfully filed an application with the Austrian Cartel Court against a German publishing group, its Austrian subsidiary and an Austrian newspaper distributor. The application was based on certain vertical (...)

The Lithuanian Supreme Administrative Court partly upholds the Competition Authority decision which fines members of paper cartel (Schneidersöhne Baltija)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 218080 visites
Lithuania: Supreme Court partly upholds Authority Decision in Paper Case On 16 October 2009, the Lithuanian Supreme Administrative Court partly upheld a decision of the Competition Council of 26 October 2006 finding an infringement of Article 5 of the Lithuanian Law on Competition and of (...)

The German Competition Authority fines a contact lens provider €11.5 million for fixing minimum resale prices and restricting the Internet and wholesale sales of its products (CIBA Vision)
Fried Frank Harris Shriver & Jacobson (London)
Royaume-Uni 5 contributions 24204 visites
On September 25, 2009, the German Federal Cartel Office (FCO) levied a fine of €11.5 million against contact lens provider CIBA Vision Vertriebs GmbH (CIBA) for fixing minimum resale prices and restricting Internet and wholesale sales of its products. This is the third decision imposed by the (...)

The Italian Competition Authority starts investigations against a cartel of lawyers’ association for the first time after decreto Bersani (Ordine degli avvocati di Brescia)
Codacons (Rome)
Italy 12 contributions 16158 visits
The Italian competition Authority (ICA) starts investigation about a cartel agreed by Consiglio dell’Ordine di Brescia to obstacle the activity of a new established law firm in Milan called A.L.T.(Assistenza Legale per Tutti). In 1997 The ICA was willing to introduce reform to create a (...)

The Serbian Competition Authority annuls the decision of the Serbian Association of Insurers regulating the terms of the Casco auto insurance services (Serbian Association of Insurers)
University of Macau - Faculty of Law
Chine 284 contributions 224973 visites
On 5 June 2008 the Administrative Council of the Serbian Association of Insurers (Udruženje osiguravača Srbije) (UOS) on the basis of the preceding opinion of its Commission for Motor Vehicles (Komisija za motorna vozila) adopted a decision regulating the Casco auto insurance services provided (...)

The Bulgarian Supreme Administrative Court quashes an NCA decision applying Art. 3.1.g and 10 in conjunction with Art. 81 EC on grounds of separation of powers and national procedural autonomy (Chamber of the design engineers)
Dessislava Fessenko (unknown)
Royaume-Uni 32 contributions 85963 visites
The Bulgarian Supreme Administrative Court (the “SAC”) annulled the first decision of the Bulgarian Commission for the Protection of Competition (the “CPC”) declaring domestic statutory provisions incompatible with Articles 3(1)(g) and 10 in conjunction with Article 81 of the EC Treaty and (...)

The Polish Competition Authority imposes a financial penalty on a collective copyright management association for practices restricting competition (SAWP)
WKB Wiercinski Kwiecinski Baehr (Poznan)
Poland 14 contributions 10929 visits
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Orange (Warsaw)
Poland 5 contributions 4950 visits
Introduction Polish competition authority questions the practices of the Polish Musical Performing Artists’ Association (SAWP - Stowarzyszenie Artystów Wykonawców Utworów Muzycznych i Słowno-Muzycznych). In the decision from June 10, 2009, the President of the Office of Competition and (...)

The Italian Competition Authority investigates the coordination of prices by three gas suppliers in violation of Art. 81 EC (Prezzo del GPL per riscaldamento regione Sardegna)
Codacons (Rome)
Italy 12 contributions 16158 visits
Following the notice about the cartel in relation to fixing the price of GPL gas, the Italian Competition Authority (ICA), has decided to investigate the conducts of the three main Italian suppliers of gas. The ICA, was made aware that ButanGas, Eni and Liquigas (the three gas suppliers) (...)

The Bulgarian Supreme Administrative Court upholds a NCA decision evoking Art. 81.1 and 3 EC for the first time (Civil liability insurance for car drivers)
Dessislava Fessenko (unknown)
Royaume-Uni 32 contributions 85963 visites
Parts of this article feature in another publication of the author on the same matter for e-Competition. See : Dessislava Fessenko, The Bulgarian competition authority applies for the first time Art. 81.1 EC and sanctions 14 insurance companies for fixing minimum levels (Association of the (...)

The Bulgarian Competition Authority applies Art. 81 EC and the useful effect doctrine to minimum price maintenance and sets aside a statutory provision facilitating it (Chamber of the design engineers)
Dessislava Fessenko (unknown)
Royaume-Uni 32 contributions 85963 visites
The Bulgarian Commission for Protection of Competition (the ¡°CPC¡±) found that a methodology for setting the prices of structural design services adopted by a professional regulation body effectively introduced minimum price maintenance and condemned the methodology as anticompetitive. The (...)

The Bulgarian Competition Authority applies for the first time Art. 81.1 EC and sanctions 14 insurance companies for fixing minimum levels (Association of the Bulgarian insurance companies)
Dessislava Fessenko (unknown)
Royaume-Uni 32 contributions 85963 visites
On 15 July 2008, the Bulgarian Commission for Protection of Competition (the “CPC”) sanctioned 14 insurance companies for fixing minimum levels of the premium for the compulsory Civil Liability insurance for car drivers (“Civil Liability insurance”) and of the commission paid to insurance (...)

The EU Commission adopts guidelines on the application of Article 81 of the EC Treaty to the maritime sector
InfraBlocks Capital (Singapore)
Singapore 4 contributions 2377 visits
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European Commission
Belgium 6 contributions 7116 visits
"The new Guidelines on the application of Article 81 of the EC Treaty to the maritime sector"* On 1 July 2008, the European Commission adopted guidelines on the application of Article 81 of the EC Treaty to maritime transport services (‘the Guidelines’). This followed a public consultation (...)

The U.S. Federal Trade Commission again moves forward against "reverse payment settlements" in pharmaceutical patent settlements (Cephalon)
Allen & Overy (New York)
United States 1 contribution 5872 visits
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RPCK Rastegar Panchal
United States 1 contribution 5872 visits
On February 13th, 2008 the Federal Trade Commission (“FTC”) filed a complaint in the U.S. District Court for the District of Columbia charging Cephalon, Inc. with illegally preventing competition to its branded drug Provigil. In its complaint the FTC alleges that Cephalon, through patent (...)

The French Competition Authority fines five defibrillator manufacturers for agreeing to boycott a nation-wide call for tender organised by 17 hospitals (Biotronik France)
Autorité de la concurrence (Paris)
France 743 contributions 395466 visites
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence fines five defibrillator manufacturers for agreeing to boycott a nation-wide call for tender organised by 17 hospitals.* The Conseil de la concurrence issues a decision (...)

The French Competition Authority applies for the second time leniency and highlights discrepancy with EC competition law on concerted practices’ burden of proof (Removals cartel)
Lenoir Avocats (Paris)
17 contributions 93780 visits
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Eversheds Sutherland (Paris)
France 14 contributions 82048 visits
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Orrick, Herrington & Sutcliffe (Paris)
France 18 contributions 26126 visits
Summary of the decision Following an investigation with dawn raids and seizures initiated further to a leniency application, the French Competition Council has sanctioned a horizontal cartel between twelve companies in the sector of national and international removals to and from France, (...)

The French Competition Authority sanctions a chocolate manufacturer for preventing distribution retailers from stocking up from the supplier of their choosing (Léonidas)
Autorité de la concurrence (Paris)
France 743 contributions 395466 visites
Press Release published on the official website of the French Competition Authority. Chocolate distribution: The Conseil de la concurrence penalizes Léonidas to €120, 000 for preventing distribution retailers from stocking up from the supplier of their choosing.* Following a referral by (...)

A Dutch Court significantly reduces the fines imposed by the NCA for price and rebates coordination on bicycles markets pursuant to both Art. 81 EC and national provisions (Giant Europe, Accell Group and Gazelle/NMa)
European Commission - DG COMP (Brussels)
Belgium 46 contributions 199253 visits
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General Court of the European Union (Luxembourg)
Luxembourg 23 contributions 87251 visits
On 18 July 2007, the Court of First Instance of Rotterdam (hereafter the ‘Rechtbank’) ruled on an appeal introduced against a decision adopted by the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereafter the ‘NMa’) concerning a cartel between three Dutch companies engaged (...)

A German Court finds that a cartel agreement causing a coordination of prices can affect competition substantially even if the involved undertakings have a combined market share of less than 10% (Nord-KS/Xella)
1 contribution 2501 visits
Background The following case deals with different concepts of “substantiality” and “appreciability” as part of the criterions “restriction of competition” and “effect on inter-state trade”. According to the European competition rules as well as to the German Act against Restraints of (...)

The Vilnius District Administrative Court upholds the NCA’s decision in the first Art. 81 EC case in Lithuania (Paper Wholesalers)
Lithuanian Competition Authority (Vilnius)
Lithuania 28 contributions 102858 visits
On 7 June 2007 the Vilnius District Administrative Court (the “VDAC” or the “Court”) substantially upheld the 26 October 2006 Competition Council’s infringement decision in Paper Wholesalers. As reviewed previously in this newsletter, by that decision the Competition Council found five (...)

The Hungarian Competition Office finds certain marketing and advertising restrictions on pharmacists contrary to both Art. 81 EC and its Hungarian equivalent (Association of Hungarian Pharmacists)
DLA Piper (Budapest)
Hungary 37 contributions 99500 visits
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Oppenheim (Budapest)
Hungary 4 contributions 28396 visits
The Hungarian Competition Office (HCO) initiated proceedings against the Association of Hungarian Pharmacists (AHP) in order to verify whether certain rules of the AHP regulating advertising and marketing by pharmacists infringe Article 81 of the EC Treaty and Article 11 of the Hungarian (...)

The French Competition Authority sanctions two French cement manufacturers for an exclusive supply agreement which disadvantaged foreign competitors (Lafarge Ciments / Vicat)
Autorité de la concurrence (Paris)
France 743 contributions 395466 visites
Press Release published on the official website of the French Competition Authority. Supply and distribution of cement in Corsica: Conseil de la concurrence imposes fine of €25 million on cement manufacturers Lafarge and Vicat, and their distributors, for keeping for themselves the supply (...)

The French Competition Council fines a Belgian chocolate manufacturer for having imposed resale price maintenance for sales to works committees (Jeff de Bruges)
Accor (Paris)
France 4 contributions 30323 visits
By a decision dated January 27, 2007, the French Competition Council fined the Belgian chocolate manufacturer Jeff de Bruges for fixing retail prices concerning chocolate sales to works committees. The Belgian company Jeff de Bruges specializes in the distribution of chocolates and other (...)

The Polish Competition Authority holds that the joint setting of domestic interchange fees for payment cards is contrary to both Polish and EC competition law (Visa / MasterCard)
European Commission - DG COMP (Brussels)
France 37 contributions 155628 visits
Following a complaint from 2001, the President of the Office of Competition and Consumer Protection (hereafter: the OCCP President) issued on December 29, 2006, a decision declaring the joint setting of domestic interchange fee rates separately in Visa and MasterCard four-party payment card (...)

The Lithuanian NCA fines members of the paper cartel (Schneidersöhne Baltija)
Lithuanian Competition Authority (Vilnius)
Lithuania 28 contributions 102858 visits
On 26 October 2006 the Lithuanian Competition Council (CC) adopted a decision finding five wholesalers of paper in breach of Article 81 EC and its national equivalent (Article 5 of the Law on Competition) for their engagement in exchanging data on their market shares. The combined fines (...)

The Polish NCA imposes record fines for resale price maintenance after a detailed assessment of the trade between member States criterion (Polifarb Cieszyn-Wroclaw)
European Commission - DG COMP (Brussels)
France 37 contributions 155628 visits
In the beginning of 2005, Polifarb Cieszyn- Wroclaw S. A. (hereafter : Polifarb), a producer of paints and varnishes, proposed to seven building materials supermarkets, namely, Praktiker, Obi, Castorama, Leroy Merlin, Nomi, Platforma and Bricomarché, a so called “stabilization discount”. The (...)

The Hungarian Competition Office finds certain advertising restrictions on lawyers contrary to Art. 81 EC and its national equivalent (Hungarian Bar Association)
DLA Piper (Budapest)
Hungary 37 contributions 99500 visits
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DLA Piper (Budapest)
Hungary 35 contributions 74863 visits
The Hungarian Competition Office (HCO) initiated proceedings against the Hungarian Bar Association (HBA) in order to verify whether certain rules of the HBA regulating advertising by attorneys as well as the content of webpages of attorneys infringe Article 81 of the EC Treaty and Article 11 (...)

The Hungarian Competition Office establishes that the provisions on the advertising of legal services of the lawyers code of ethics restrict competition under Art. 81.1 EC (Hungarian Bar Association)
KNP Law (Budapest)
Hungary 2 contributions 17117 visits
Summary of Facts Proceedings were initiated ex officio by the Hungarian Competition Office (HCO) against the Hungarian Bar Association (Bar) in order to determine whether the following provisions of the Code of Ethics (Code) and the official position of its presidency (Position) qualify as (...)

The Spanish Competition Authority fines four large supermarket chains for concerted practices in their relationships with their beverages providers (FIAB/Alcampo)
DG TRADE (Brussels)
Belgium 30 contributions 119535 visits
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Garrigues (Brussels)
Belgium 28 contributions 104345 visits
In a decision dated 22 May 2006 (“the Decision”), the Spanish Competition Authority (Tribunal de Defensa de la Competencia, hereinafter “TDC”) has found that four large supermarket chains, namely, Alcampo, Carrefour, El Corte Inglés and Mercadona, had infringed Article 1 (1) of the Spanish (...)

The Luxembourg Courts take the rare opportunity to consider a case concerning the car distribution sector under Article 81 of the EC treaty (I.C.S. Renting / Etoile Garage)
Bonn & Schmitt (Luxembourg)
Luxembourg 27 contributions 88225 visits
Even if courts had already the power to apply article 81, paragraph 1, EC Treaty before the 1st May 2004, article 81 EC Treaty has been rarely applied by Luxembourg courts and there exists not really a developed Luxembourg case law concerning the application of articles 81 and 82 EC Treaty. (...)

The Latvian Courts and NCA find out that trade between member States is not affected by an international supply agreement and refuse to ask for a preliminary ruling to the ECJ (Kempmayer Media)
Loze, Grunte & Cers
Latvia 1 contribution 6426 visits
Facts On 7 June 2004, the Latvian Competition Council declared that an agreement signed on 14 November 2002 between Kempmayer Media Ltd. (a company of England and Wales) and a/s Digitlais Latvijas radio un televzijas centrs (a company of Latvia) restricted competition and thus declared the (...)

The Madrid Commercial Court declares null and void an exclusive purchasing agreement on the basis of Art. 81.1 EC (El Mareny / Repsol)
London School of Economics
United Kingdom 57 contributions 301616 visits
Factual background The present judgment is a new chapter of a lengthy saga concerning agreements signed between petrol distributors and Repsol Comercial de Productos Petrolíferos, S.A. (hereinafter, “Repsol CPP”), a subsidiary of the former monopoly in the Spanish petrol sector. This saga (...)

The Paris Court of Appeal upholds the NCA decision fining a cartel in the public passenger urban transport market with reference to the EC Commission’s notice on effect on trade (Keolis / Connex / Transdev)
Lenoir Avocats (Paris)
17 contributions 93780 visits
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Eversheds Sutherland (Paris)
France 14 contributions 82048 visits
Background In a decision dated July 5, 2005 (See J.-P. de la Laurencie et M. Courtaigne-Op, The French Competition Authority fined three French major companies for implementing a cartel in the public passenger urban transport market, with potential appreciable effect on trade between Member (...)

A Portuguese Court substantially upholds the competition authority’s decision finding the association of veterinaries liable for imposing minimum fees (Portuguese Veterinary Medical Association)
Gómez-Acebo & Pombo (Lisbon)
Portugal 10 contributions 39570 visits
An appeal was lodged by the Portuguese Professional Association of Veterinaries (“VMA”) after the Portuguese Competition Authority’s (the “PCA”) decision that found the VMA’s code of ethics to be in breach of Article 4(1) of Law 18/2003 of 11 June (the “Portuguese Competition Act”) and of (...)

The Slovak Antimonopoly Office holds that several provisions of the lawyers’ rules of professional conduct breach both Slovak and EU competition provisions (Slovak Bar Association)
Gide Loyrette Nouel (Prague)
Czech Republic 7 contributions 26953 visits
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PRK Partners (Prague)
Czech Republic 2 contributions 10477 visits
In this contribution we provide a summary of the decision issued on 22 December 2005 by the Slovak Anti-monopoly Office (“Office”) whereby the Office held that several provisions of the Rules of professional conduct for Attorneys (“Rules”) issued by the Slovak Bar Association breached Slovak (...)

The Swiss Competition Commission adopts a de minimis notice
Université de Neuchâtel
Switzerland 2 contributions 9996 visits
On December 19th, 2005, the Swiss Competition Commission (the “SCC”) issued a notice in relation to small and medium-sized enterprises (“SMEs”) and micro-enterprises, entitled Communication on agreements with a limited effect on the market (“SME Communication”). The SME Communication is (...)

The German Competition Authority applies a small and medium-sized undertakings exemption to a cartel in the sector of brick production and finds that trade between the Member States is not affected (Ziegelwerk Bellenberg Wiest)
Norton Rose Fulbright (Hamburg)
Germany 3 contributions 19280 visits
On 25 October 2005 the Federal Cartel Office (“FCO”) decided not to take action against the intention of several small and medium-sized brick producers to conclude a cartel agreement. The FCO based its decision on the fact that only German antitrust law applied to the case, which provides for (...)

The Paris Court of Appeal holds that Art. 81 EC does not apply to a hairdressing franchise national network and that the provided “clause d’agrément” does not amount to a hardcore restriction (Socovi / Jean-Louis David)
Lenoir Avocats (Paris)
17 contributions 93780 visits
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Eversheds Sutherland (Paris)
France 14 contributions 82048 visits
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Johnson & Johnson (Issy-les-Moulineaux)
France 13 contributions 80176 visits
Background SARL SOCOVI, the franchisee, had entered into a franchising agreement with Jean Louis David SA, the franchisor, whereby the latter granted the former the right to run a franchise for the purposes of marketing hairdressing products and services. It included inter alia the right to (...)

The Hungarian Competition Authority concludes that the agreements offered by the Budapest Sports Stadium are capable of distorting competition and have the potential of infringing Art. 81 EC (Arena Uzemelteto / Multimedia Light and Sound / Ticketpro)
KNP Law (Budapest)
Hungary 2 contributions 17117 visits
The Budapest Sports Arena (BSA), a 12,000 seating capacity, state of the art, multifunctional sports and entertainment complex was first opened to the public in March 2003. It was built on the place of the Budapest Sports Hall, which was completely destroyed in a devastating fire five years (...)

The Hungarian Competition Authority finds an exclusivity clause has an effect on trade between Member States and may distort competition in the sport events sector (Aréna / Multimédia Light and Sound / Ticketpro)
Hogan Lovells (Budapest)
Hungary 9 contributions 40723 visits
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Hogan Lovells (Budapest)
Hungary 3 contributions 16946 visits
Background Aréna Üzemelteto Rt. received the right from the Hungarian State to be the controlling company of the Budapest Sports Stadium (hereinafter: the Budapest Sports Stadium). Aréna was, at the time of the investigation, an affiliate of the French Bouygues group. Multimédia Light and (...)

The UK Competition Authority finds collective agreement between banks setting the multilateral interchange fee contrary to both EC and national competition provisions (MasterCard)
Freshfields Bruckhaus Deringer (London)
United Kingdom 11 contributions 36257 visits
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King’s College (London)
United Kingdom 20 contributions 81410 visits
On 6 September the UK Office of Fair Trading issued a decision concluding that the collective agreement between members of MasterCard UK Members Forum setting a fallback multilateral interchange fee infringed Article 81 EC and Chapter I of the Competition Act 1998. The Decision only concerns (...)

The UK Competition Authority concludes that an agreement between banks to set a default interchange fee is restrictive of competition and contrary to both EC and national mirror competition provision (MasterCard)
Employers’ Initiative on Domestic Abuse (London)
United Kingdom 2 contributions 8208 visits
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Charles Russell Speechlys (London)
United Kingdom 2 contributions 8399 visits
On 6 September 2005, the UK Office of Fair Trading (“OFT”) announced its Decision following a long running investigation of MasterCard UK Members Forum Limited (“MMF”) default interchange fee arrangements. The Decision itself was published on 13 October 2005. The OFT concluded that the (...)

The Portuguese Competition Authority finds that the deontological code of the professional association of veterinaries infringes Art. 81 EC by imposing minimum fees (Sindicato Nacional dos Médicos Veterinários)
London School of Economics
United Kingdom 57 contributions 301616 visits
Following a complaint, the Autoridade da Concorrência (hereinafter, “the NCA”) started an investigation concerning the fixation of minimum prices by the Professional Association of Veterinaries (“the Association”). According to Article 43 of the Deontologial Code (“the Code”) issued by this (...)

The French Competition Authority fines three major national companies for implementing a cartel in the public passenger urban transport market, with potential appreciable effect on trade between member States (Keolis, Connex and Transdev)
Paris Bar
France 23 contributions 136951 visits
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Axa Insurance (Paris)
France 3 contributions 11537 visits
Last July 2005, the French Competition Authority fined Keolis, Connex and Transdev a total of 11 € million for operating a national cartel in the French market for public passenger urban transport on the basis of article L. 420-1 of the French Commercial Code and article 81 EC. In its (...)

A German Court finds that a horizontal cooperation agreement between small and medium-sized undertakings does not affect trade between Member States under Art. 81 EC as the agreement has no “appreciable” impact on interstate trade (Filigranbetondecken)
Hengeler Mueller (Düsseldorf)
Germany 16 contributions 48512 visits
I. Background Two small and medium-sized producers of filigree concrete ceilings and other pre-fabricated concrete parts intended to enter into a cartel agreement regarding a cooperation in respect of their sales and distribution activities, including a joint data information system, common (...)

The Hungarian Competition Authority exempts a 9-year exclusive services agreement with the incumbent on the basis of Art. 81.3 EC in the IT services market (Magyar Telekom)
Ferdowsi Legal (Tehran)
Iran 5 contributions 19750 visits
Facts of the case The Rába Group (the "Group") is one of Hungary’s largest vehicle manufacturers, which produces undercarriages, spare parts and commercial vehicles, mainly for export markets (60% of its production is exported). The Rába Group is one of the biggest undercarriage constructors (...)

The Hungarian Competition Council clears a 9 years’ exclusive agreement on the basis of Art. 81.3 EC (Rába/Integris)
BECI (Brussels)
Belgium 18 contributions 108053 visits
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Liège University
France 39 contributions 158130 visits
Rába is a Hungarian vehicle manufacturers specialized in the spare parts business. The firm mostly exports products for the supply of companies such as Daimler Chrysler, Caterpillar, Suzuki etc. Rába is one of the most important independent undercarriage constructors in the world. Integris - (...)

The French Competition Authority rejects a complaint in the market of sale of DVD dispensers on the basis of both national restrictive and unilateral provisions with a reference to EC Regulation No. 2790/1999 on vertical agreements (Cinemat)
Gide Loyrette Nouel (Brussels)
Belgium 4 contributions 17174 visits
On 23rd May 2001 a case has been submitted by the Syndicat National des Exploitants de Distributeurs Automatiques de Vidéocassettes et de DVD (SNEDAVI: national association of the video cassette and DVD dispenser operators) to the French Competition Council regarding the practices used by a (...)

The Italian Competition Authority considers that hardcore restrictions may have the effect of hindering trade between member States and opens proceedings against five manufacturers of marine and yacht coatings for alleged breach of Art. 81 EC (Vernici Marine)
London School of Economics
United Kingdom 57 contributions 301616 visits
On 13 August 2003, a complaint was lodged before the Autorità Garante della Concorrenza e del Mercato (hereinafter, “AGCM”). The complainant alleged the existence of an anticompetitive agreement reached between several manufactures of marine and yacht coatings : Boat - Boero Attiva Marine and (...)

The French Competition Authority condemns an agricultural economic committee for preventing access to the market and rejects the State’s action doctrine argument (Brittany cauliflowers)
Paris Bar
France 23 contributions 136951 visits
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1 contribution 8025 visits
The French Competition Council condemned on the 15 March 2005 the agricultural economic committee of fruit and vegetables of Brittany (CERAFEL) and several producers’ organizations for maintaining cartels in the wholesale marketing of Brittany cauliflowers. In the light of the recently (...)

The French Competition Council fines € 75.000 a price resale maintenance agreement in the weapons and ammunition distribution sector on the basis of both Art. 81 EC and national provisions (Browning Winchester)
Gide Loyrette Nouel (Brussels)
Belgium 4 contributions 17174 visits
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Cahn Wilson (Paris)
France 4 contributions 15586 visits
The case had been brought before the Competition Council by an armourer, following the termination by BWF of its commercial relationship with the manufacturer, which leads the French firearms’ market along with Beretta-Benelli France. The Council considered that BWF had established an (...)

The French Competition Council makes a rigorous analysis of the criteria of effect on trade between Member States and a broad application of the notion of agreement under Art. 81 EC and national provisions (Browning Winchester)
Freshfields Bruckhaus Deringer (Paris)
France 77 contributions 297675 visits
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Johnson & Johnson (Issy-les-Moulineaux)
France 13 contributions 80176 visits
Browning Winchester France (”BW”), a manufacturer of guns and ammunitions, had set up a distribution network in France by entering into “pilot resellers’ agreements” with several gunsmiths. Pursuant to these agreements signed between 1997 and 2001, the gunsmiths undertook to order minimum (...)

The Strasbourg Civil Court assesses the validity of a beer supply agreement in light of EC Regulations on vertical agreements (Kronenbourg)
Sheppard Mullin (Brussels)
France 396 contributions 673099 visits
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Lni avocats (Paris)
France 12 contributions 49498 visits
Background On 16 March 1994, Mr. Besseyre who ran a coffee shop in Angers (central France) entered into a beer supply agreement with Kronenbourg under which he would exclusively purchase all of his beer requirements from Kronenbourg for a ten year period. In February 2002, Mr. Besseyre (...)

The French Competition Authority catches a defensive cartel of maritime transport carrier companies for abusive pricing on the basis of both national and EC competition laws (Channel Islands)
Paris Bar
France 23 contributions 136951 visits
The 21 December 2004, the French Competition Council issued a decision, under articles L. 420-1 of the Commercial Code and 81 of the EC Treaty, relating to concerted practices on the market of maritime connections to the Channel Islands from France. In the context of the recent entry into (...)

The Danish Competition Appeal Tribunal annuls a decision of the NCA on fixed books prices for reimport of Danish books on the basis of Art. 81 EC after full assessment of ECJ and EC Commission’s case law on trade between Member States (Book Publisher)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 4 contributions 30725 visits
On 18 August 2004, the Danish Competition Appeal Tribunal annulled the decision of 24 September 2003 whereby the Danish Competition Council found that the Danish Book Association (“The association of Danish book publishers “) had infringed Article 81 when it prevented booksellers in other (...)

The EU Commission fines a Japanese manufacturer of electronic musical instruments for restrictions on trade and resale price maintenance in Europe (Yamaha)
European Commission - DG AGRI (Brussels)
Belgium 4 contributions 3148 visits
"Commission fines Yamaha for restrictions of trade and resale price maintenance in Europe"* On 16 July 2003, the Commission adopted a decision finding that Yamaha Corporation Japan, Yamaha Europa GmbH, Yamaha Musica Italia s.p.a., Yamaha Musique France S.A. and Yamaha Scandinavia AB have (...)

The Italian Antitrust Authority addresses the compatibility of certain distribution patterns common in the impulse ice-cream market (Sagit-Contratti Vendita e Distribuzione del Gelato)
Gatti Pavesi Bianchi Ludovici (Milan)
Italy 10 contributions 3061 visits
In two separate but related proceedings, the Italian Antitrust Authority ("IAA") addressed the compatibility of certain distribution patterns common in the Italian impulse ice-cream market, which often sees bars and restaurants being tied to the sale of a specific manufacturer ’s brand and/or (...)

The Dutch Competition Authority fines over € 13 M shrimp wholesalers and fisheries for the first time on the basis of Art. 81 EC (North Sea Shrimp Sector)
KLM Royal Dutch Airlines (Amstelveen)
Netherlands 1 contribution 1528 visits
On 14 January 2003 the Dutch Competition Authority imposed fines totalling an amount of € 13.781 million on eight shrimp wholesalers and four Dutch, three German and one Danish producer organisation in the shrimp fishery industry for an infringement of Article 81 (1) EC Treaty and the national (...)