Agriculture & competition law

Foreword Agriculture & competition law: An overview of EU and national case law

Competition law, as well as its many implications in the food sector, is imperative in the analysis of repercussions that come along with market malfunction. The control of economic power equally ensures that food markets greatly benefit consumers, which in turn garners benefits and drawbacks. This article focuses on the many challenges that the global food system currently faces and the intentions behind the actions of the various public authorities involved in the regulation of economic activities in the food industry.

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University College London
United Kingdom 37 contributions 104213 visits

General antitrust

 The Belgian Competition Authority publishes its annual notice on enforcement priorities, including institutional changes, sustainability goals, and labour markets focus
McDermott Will & Emery (Brussels)
Belgium 50 contributions 9899 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 5323 visits
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Allen & Overy (Brussels)
Belgium 13 contributions 4851 visits
On May 16, 2022, the Belgian Competition Authority (BCA) published its long-awaited notice on enforcement priorities for 2022 (Notice). The BCA explains that, with a view to making the best use of its resources, it will focus its interventions on matters where the expected positive effect of (...)

The New Zealand Competition Authority allows collective bargaining between a poultry growers association and a chicken processing company (Tegel Growers Association / Tegel)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25289 visits
Commerce Commission issues draft determination on New Zealand Tegel Growers Association’s application to engage in collective bargaining* The Commerce Commission (Commission) has reached a preliminary view that it should allow the New Zealand Tegel Growers Association Incorporated (TGA) to (...)

The Latvian Competition Commission reaffirms that buyers are prohibited from imposing unfair sanctions on suppliers for non-fulfilment of orders due to objective circumstances
Latvian Competition Council (Riga)
Latvia 124 contributions 24556 visits
The CC: Buyers of goods are prohibited from imposing unfair sanctions on suppliers for non-fulfilment of orders due to objective circumstances* As a result of the Russian Federation’s military aggression supported by the Republic of Belarus and the associated sanctions imposed on these (...)

The Lithuanian Competition Authority urges retail chains not to use their market power unfairly as suppliers suspend their ties with Russia and Belarus
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20836 visits
“After” suppliers suspend their ties with Russia and Belarus, Lithuanian konkurencijos taryba urges retail chains not to use their market power unfairly* The Lithuanian competition authority Konkurencijos taryba has sent a letter to the firms managing five major retail chains urging them to (...)

The German Competition Authority provides guidance on sustainability initiatives and agreements amongst competitors in the food retail industry
Evangelische Kirche von Kurhessen-Waldeck
Germany 3 contributions 815 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Belgium 4 contributions 895 visits
FCO Provides Guidance On Sustainability Agreements* With the examination of two sustainability cooperations concerning living wages in the banana sector as well as the expansion of an animal welfare initiative, the German Federal Cartel Office (“FCO”) provided further guidance for the (...)

The US DoJ AG Merrick B. Garland issues a statement of principles and commitments with the Secretary of Agriculture to protect against unfair and anticompetitive practices in the agriculture sector
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Justice Department and Agriculture Department Issue Shared Principles and Commitments to Protect Against Unfair and Anticompetitive Practices* Speaking at a White House event focused on competition in agriculture, Attorney General Merrick B. Garland and Secretary of Agriculture Tom Vilsack (...)

The Polish Competition Authority orders another audit of prices in the agricultural sector with a special focus on apples, blueberries, potatoes and cabbage
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
Who makes money on fruit and vegetable sales and how much?* UOKiK President has ordered yet another audit of fruit and vegetable prices. Trade Inspection (TI) personnel will check the prices of apples, blueberries, potatoes and cabbage at different levels of the trading chain. This will make (...)

The Polish Competition Authority launches inspections at apple purchasing centres to ensure that the prices of apples paid to fruit growers are set according to the law
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
Activities of UOKiK and the Trade Inspection in apple purchasing centres* The agricultural and food market is closely monitored by the President of the Office of Competition and Consumer Protection (UOKiK). The latest activities concern inspections at apple purchasing centres. The Trade (...)

The New Zealand Competition Authority releases a draft report on competition in the retail grocery sector, finding that competition is not working well, and proposing a number of policy options for improvement
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25289 visits
Commission releases draft report on competition in the retail grocery sector* The Commerce Commission’s draft report into competition in the retail grocery sector has found that competition is not working well for consumers. “If competition was more effective, retailers would face stronger (...)

The EU Commission opens infringement proceedings against 12 Member States for failure to transpose the EU Directive prohibiting unfair trading practices in the agri-food sector
Van Bael & Bellis (Brussels)
Belgium 43 contributions 12060 visits
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Van Bael & Bellis (Brussels)
Belgium 163 contributions 56375 visits
On 27 July 2021, the European Commission (the Commission) opened an infringement procedure against Belgium and eleven other EU Member States for failure to implement Directive (EU) 2019/633 of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural (...)

The EU Commission opens infringement procedures against 12 Member States for not transposing EU rules banning unfair trading practices
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
Commission opens infringement procedures against 12 Member States for not transposing EU rules banning unfair trading practices* The Commission opened infringement procedures against 12 Member States for failing to transpose EU rules banning unfair trading practices in the agri-food sector. (...)

The Croatian Parliament adopts a revised Unfair Trading Practices Act which is fully harmonized with the EU Directive 2019/633
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
CROATIA ADOPTS REVISED UNFAIR TRADING PRACTICES ACT 2021 FULLY HARMONIZED WITH EU DIRECTIVE 2019/633* For the purpose of bringing its legal framework in the area of unfair trading practices in business-to-business relations in the agricultural and food supply chain into compliance with the (...)

The Italian Competition Authority proposes pro-competitive legislative changes to the government
Bocconi University (Milan)
Italy 11 contributions 4159 visits
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Hogan Lovells (Milan)
Italy 4 contributions 1373 visits
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K&L Gates (Milan)
United States 2 contributions 727 visits
The document provides a summary of the proposal for pro-competitive legislative changes submitted by the Italian Competition Authority to the Italian Government on 23 March 2021. The Italian Competition Authority identifies eight trajectories of possible reform: 1. Measures to encourage and (...)

The Croatian Competition Authority announces that the labelling of food and agriculture products falls outside the scope of its competence
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
Labelling of food and agri products falls outside the scope of Croatian Competition Agency* Following a number of recent media reactions and allegations calling out the Croatian Competition Agency (CCA) to take necessary steps and measures regarding the alleged improper marking and labelling (...)

The EU Commission selects 15 initiatives to help simplify and modernize EU law after the COVID-19 outbreak
Steptoe & Johnson (Brussels)
Belgium 9 contributions 2781 visits
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American Chamber of Commerce to the EU
Belgium 24 contributions 24473 visits
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Jones Day (Brussels)
Belgium 11 contributions 3782 visits
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On 5 March 2021, the Commission announced the Fit for Future Platform’s selection of 15 initiatives aimed at simplifying EU law. Launched in May 2020, the Platform gathers a high-level expert group to assist the Commission with simplifying existing EU laws and reducing administrative burdens (...)

The Australian Competition Authority outlines its enforcement and compliance priorities for 2021 in the context of the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
ACCC’s 2021 enforcement and compliance priorities* Sales practices in Australia’s domestic travel sector, competition in aviation and the conduct of some caravan manufacturers will be among the ACCC’s compliance and enforcement priorities during 2021, ACCC Chair Rod Sims announced today. (...)

Anticompetitive practices

 The US FTC files an amicus brief in support of employees challenging a fast food company’s intra-franchise no-poach rules (McDonald’s / Deslandes and others)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43112 visits
FTC Joins Justice Department in Amicus Brief Supporting Workers’ Challenge to McDonald’s “No Hire” Franchise Restrictions* Brief argues that a provision in McDonald’s franchise agreement is per se illegal under U.S. antitrust law The Federal Trade Commission joined the Department of (...)

The Swedish Patent and Market Court of Appeal declines to grant leniency to a dairy company on the grounds that the information provided by the company was specifically requested by the Competition Authority and was not volunteered immediately (Arla Foods)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10308 visits
Arla Foods is not granted leniency in a case on unlawful cooperation* Arla Foods must pay an administrative fine for having been found guilty of unlawful cooperation in connection with a procurement. This is the decision in a judgment from the Patent and Market Court of Appeal. The Court (...)

The US FTC along with 10 State partners sues two pesticide producers for employing an illegal pay-to-block scheme inflating prices for farmers (Syngenta / Corteva)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43112 visits
FTC and State Partners Sue Pesticide Giants Syngenta and Corteva for Using Illegal Pay-to-Block Scheme to Inflate Prices for Farmers* Complaint alleges that manufacturers pay distributors to exclude competitors’ more affordable generic options for essential farming products The Federal (...)

The Croatian Competition Authority opens ex officio infringement proceedings on unfair trading practices in the business-to-business food supply chain (Mlin I Pekare / Trgocentar)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
UTPS: CCA opens proceeding against MLIN PEKARE and TRGOCENTAR* The Croatian Competition Agency (CCA) opened ex officio infringement proceedings within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) with the view to (...)

The Hong Kong Competition Authority brings its first case to the Competition Tribunal for resale price maintenance (Tien Chu)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11790 visits
Competition Commission brings first case on resale price maintenance to Competition Tribunal* The Competition Commission (“Commission”) today commenced proceedings in the Competition Tribunal (“Tribunal”) against The Tien Chu (Hong Kong) Company Limited (“Tien Chu”) for its engagement in (...)

The Croatian High Administrative Court affirms a decision by the Competition Authority to fine four companies for bid rigging, price fixing and other anticompetitive behaviour (Agro-Vir / Agrodalm / Diljexport / Marino-LučKo)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
HIGH ADMINISTRATIVE COURT REJECTS THE CLAIMS AGAINST THE CCA INFRINGEMENT DECISION IN BID RIGGING CARTEL IN PUBLIC PROCUREMENT INVOLVING UNDERTAKINGS AGRO-VIR, AGRODALM, DILJEXPORT AND MARINO-LUČKO* In its ruling of 14 September 2022, the High Administrative Court of the Republic of Croatia (...)

The Portuguese Competition Authority fines three supermarket chains and their alcoholic beverage supplier €5.6M for price fixing (Auchan / Modelo Continente / Pingo Doce / Active Brands)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30113 visits
AdC sanctions three supermarket chains and alcoholic beverage supplier for price fixing*The decision The AdC (Portuguese Competition Authority) has sanctioned three supermarket chains - Auchan, Modelo Continente and Pingo Doce - as well as their common supplier of alcoholic beverages Active (...)

The German Competition Authority allows a one-time temporary cooperation project between sugar producers to mitigate the effects of possible gas shortages due to the war in Ukraine (Nordzucker / Südzucker / Pfeifer & Langen / Consun Beet)
German Competition Authority (Bonn)
Germany 457 contributions 116593 visits
Mitigating the effects of possible gas shortages – Bundeskartellamt allows one-time temporary cooperation project between sugar producers* The four companies Nordzucker, Südzucker, Pfeifer & Langen and Cosun Beet producing sugar in Germany are planning to work together in order to ensure (...)

The New Zealand Competition Authority authorises a group of chicken growers to engage in collective bargaining (Tegel Growers Association)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25289 visits
Commerce Commission authorises New Zealand Tegel Growers Association to engage in collective bargaining* The Commerce Commission (Commission) has granted authorisation to allow the New Zealand Tegel Growers Association Incorporated (TGA) to collectively negotiate on behalf of its members the (...)

The US DOJ files a lawsuit alleging that the tournament system of determining the pay for poultry processors constitutes an abusive exchange of information (Cargill / Jonathan Meng / Sanderson Farms / Wayne Farms)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Justice Department Files Lawsuit and Proposed Consent Decrees to End Long-Running Conspiracy to Suppress Worker Pay at Poultry Processing Plants and Address Deceptive Abuses Against Poultry Growers* Decree Provisions Would Stop the Exchange of Compensation Information, Ban President of Data (...)

The Polish Competition Authority investigates the alleged cooperation agreements between animal feed product producers and distributors (Empire Brands)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
Animal feed market - actions of the President of UOKiK* Did dog and cat food producer Empire Brands break the antitrust law? Tomasz Chróstny, President of UOKiK, launched a preliminary investigation in the case and the Office staff conducted a search at the company’s registered office. The (...)

The US District Court for the District of Denver acquits five executives in the chicken rearing industry in a price fixing and bid rigging cartel case (Jayson Jeffrey Penn / Roger Born Austin / William Wade Lovette / Mikell Reeve Fries / Scott James Brady)
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5754 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8665 visits
On July 7, 2022, a federal jury in Denver acquitted five executives who faced criminal charges for conspiring to fix prices in the chicken industry. The not-guilty verdict, which acquitted current and former executives of top chicken producers Pilgrim’s Pride and Claxton Poultry Farms, (...)

The Australian Competition Authority identifies unfair contract terms in chicken meat processor contracts
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
Chicken meat processors address potential unfair contract terms* Some of Australia’s largest chicken meat processors have agreed to change certain terms in their current contracts with chicken growers, following an investigation by the ACCC into the use of unfair contract terms in the (...)

The Polish Competition Authority imposes a penalty on a grain trading company for unfair use of contractual advantage (Cefetra Polska)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
Cefetra Polska - decision of the President of UOKiK* The President of UOKiK, Tomasz Chróstny, has imposed a penalty of over PLN 2 million on Cefetra Polska – one of the largest companies in the Polish grain trading market. The trader demanded all contracted supplies from the farmers, even when (...)

The Polish Competition Authority examines contracts of dairy cooperatives for unfair competitive terms
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
President of UOKiK examines contracts of diary cooperatives* The President of UOKiK is investigating whether the contracts of dairy cooperatives comply with the provisions on unfair use of contractual advantage. Currently, the subject of analysis are the contracts and practices of OSM Łowicz (...)

The Croatian Competition Authority fines four companies for bid rigging in public procurement for food delivery (Agro-Vir / Agrodalm / Diljexport / Marino Lučko)
Croatian Competition Agency (Zagreb)
Croatia 2 contributions 898 visits
a) Key points and main facts of the case The CCA in its decision from 28 April 2022 found that the undertakings Agro-Vir d.o.o., Agrodalm d.o.o. and Diljexport d.o.o. Zagreb, in the period from 4 June 2012 to to 1 January 2014 and undertaking Marino-Lučko d.o.o. in the period from 1 (...)

The Croatian Competition Authority detects first bid rigging cartel in public procurement (Agro-Vir/ Agrodalm / Diljexport / Marino Lučko)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
CCA detects first bid rigging cartel in public procurement* In its infringement decision of 28 April 2022, the Croatian Competition Agency found that in the period from 4 June 2012 to 1 January 2014 the undertakings Agro-Vir d.o.o., Agrodalm d.o.o. and Diljexport d.o.o., all from Zagreb, (...)

The German Competition Authority has no serious competition law concerns against an industry agreement to improve animal welfare in milk production (QM-Milch)
German Competition Authority (Bonn)
Germany 457 contributions 116593 visits
Increasing animal welfare in milk production – Bundeskartellamt tolerates the introduction of the QM+ programme* The Bundeskartellamt has no serious competition law concerns against the “industry agreement milk” (Branchenvereinbarung Milch) presented by QM-Milch e.V. to improve animal (...)

The Spanish Competition Authority investigates possible anti-competitive practices in the food supply market to communities dependent on public bodies
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31594 visits
The CNMC investigates possible anti-competitive practices in the food supply market to communities dependent on public bodies* Such practices involve agreements for the tempering and allocation of tenders called in Spain. On 22 and 23 March, the CNMC carried out on-site inspections at the (...)

The Australian Federal High Court fines an ice cream production company $12M for exclusive dealing (Peters)
Ashurst (Sydney)
United States 17 contributions 2423 visits
The Federal Court has ordered Australasian Food Group, trading as Peters (’Peters’), to pay a $12 million penalty after the ACCC alleged, and Peters admitted, that its exclusive distribution agreement with PFD Food Services (’PFD’) had the likely effect of substantially lessening competition. (...)

The Hellenic Competition Authority conducts unannounced inspections on companies active in catering services provision
Hellenic Competition Commission (Athens)
Greece 132 contributions 18403 visits
Unannounced inspections in companies active in catering services provision* Subject: Unannounced inspections of the Hellenic Competition Commission in companies active in catering services provision On 22/3/2022, officials of the Hellenic Competition Commission (HCC) carried out (...)

The Portuguese Competition Authority issues a Statement of Objections to four companies for concerted practices resulting in higher supermarket prices (Modelo Continente / Pingo Doce / Auchan / Johnson & Johnson)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30113 visits
AdC issued SO to Modelo Continente, Pingo Doce, Auchan and Johnson & Johnson for aligning consumer prices* The AdC (Portuguese Competition Authority) has issued one Statement of Objections to three food distribution groups Modelo Continente, Pingo Doce and Auchan and the supplier of (...)

The Mexican Competition Authority announces possible collusion in the market for production, distribution and commercialization of corn tortilla
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27052 visits
COFECE notifies several economic agents of a statement of probable responsibility for a possible collusion in the sale of tortillas in Huixtla, Chiapas* The Investigative Authority concluded its inquiry and issued the statement in which it indicates the probable existence of collusion. With (...)

The Turkish Competition Authority concludes a resale price maintenance investigation against a bulgur production company (Duru Bulgur Gıda)
Turkish Competition Authority (Ankara)
Turkey 44 contributions 8041 visits
Investigation concerning Duru Bulgur Gıda San. ve Tic. A.Ş. concluded (22.2.2022) (23.2.2022)* The investigation, which was conducted in response to the claim that Duru Bulgur Gıda San. ve Tic. A.Ş. determined the resale prices for the sales made to retail chains in Konya and Karaman regions (...)

The Hellenic Competition Authority imposes a fine of €271,385.11 on a pasteurized cow milk company for abuse of dominance and excessive pricing (Charalambides-Christis)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18403 visits
The Commission for the Protection of Competition imposed a fine on Charalambides-Christis Ltd amounting to €271,385.11 for infringements of article 6(1)(a) of the Protection of Competition Laws and corresponding article 102(a) of the Treaty on the Functioning of the European Union* The (...)

The Australian Competition Authority authorises cooperation in the retail goods supply chain for the West and North of the country due to flooding in the South
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
ACCC authorises cooperation in retail goods supply chain to WA and NT* The ACCC has granted an urgent interim authorisation permitting the cooperation and sharing of information by companies in the supply chain to ensure critical retail goods, including food supplies, are able to reach (...)

The Hellenic Competition Authority conducts unannounced inspections in the pasta product sector
Hellenic Competition Commission (Athens)
Greece 132 contributions 18403 visits
Hellenic Competition Commission carries out unannounced inspections in the pasta product sector* Athens, February 16, 2022 - Today, the Hellenic Competition Commission (HCC) carried out unannounced inspections (dawn raids) at the premises of nine (9) undertakings active in the supply and (...)

The US DoJ launches an online tool allowing farmers and ranchers to report anticompetitive practices
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Justice Department and U.S. Department of Agriculture Launch Online Tool Allowing Farmers, Ranchers to Report Anticompetitive Practices* Today, the U.S. Departments of Justice and Agriculture (USDA) launched farmerfairness.gov, a new online tool that allows farmers and ranchers to (...)

The German Competition Authority rejects a sustainability agreement in the milk sector as it raises competition concerns
Cleary Gottlieb Steen & Hamilton (Cologne)
Belgium 4 contributions 895 visits
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Evangelische Kirche von Kurhessen-Waldeck
Germany 3 contributions 815 visits
On January 18, 2022, the German Federal Cartel Office (“FCO”) published a press release of its review of two sustainability initiatives (see our blog post here). Only a week later, on January 25, 2022, the FCO provided further guidance for the implementation of sustainability initiatives under (...)

The German Competition Authority rejects the national milk producers’ proposed uniform mark-up system for ensuring a minimum guaranteed income level for all raw milk producers as the conduct amounts to price fixing
Hogan Lovells (Munich)
Germany 65 contributions 25528 visits
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Hogan Lovells (Düsseldorf)
Germany 11 contributions 4280 visits
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Hogan Lovells (Düsseldorf)
Germany 4 contributions 1219 visits
1. Introduction 1.1 Competitor cooperations in pursuit of sustainability and human rights, or to reach broader ESG (Environment – Social – Governance) goals, have become a key element for companies’ global business strategies. In this context, “green competition law”, i.e. the intersection (...)

The German Competition Authority provides guidance on when sustainability goals can justify horizontal cooperation agreements in the food retail sector
Van Bael & Bellis (Brussels)
Belgium 24 contributions 5039 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 1 contribution 507 visits
On 18 and 25 January 2022, the German Federal Cartel Office (“FCO”) issued two press releases concerning cooperation agreements in the food industry, which provide insight into when the pursuit of sustainability objectives may be sufficient to exempt such agreements from the cartel prohibition (...)

The German Competition Authority provides guidance on the conditions under which sustainability goals in cooperation agreements between competitors may be sufficient to exempt such agreements from the prohibition against anti-competitive agreements under German provisions and the TFEU
Ashurst (Munich)
Germany 9 contributions 1786 visits
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Ashurst (Frankfurt)
Germany 15 contributions 4241 visits
On 18 January 2022 and 25 January 2022, the German Federal Cartel Office ("FCO") published two press releases which provide guidance on the conditions under which sustainability goals in cooperation agreements between competitors may be sufficient to exempt such agreements from the prohibition (...)

The Turkish Competition Authority imposes a €173.8M fine on retail grocery chains and suppliers for resale price maintenance (Savola / A101 / Carrefour / Migros...)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83962 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 13 contributions 3169 visits
(1) Introduction On January 19, 2022, Turkish Competition Authority (“Authority”) has published a highly anticipated decision of the Competition Board (“Board”) regarding the investigation against retail grocery chains and suppliers of such chains, active in the fields of retail food and (...)

The German Competition Authority concludes its examination into whether an initiative to introduce living wages in the banana sector and an initiative to expand animal welfare to include cattle fattening could raise competition concerns
German Competition Authority (Bonn)
Germany 457 contributions 116593 visits
Achieving sustainability in a competitive environment – Bundeskartellamt concludes examination of sector initiatives* The Bundeskartellamt has concluded the examination of two separate business cooperations and sustainability initiatives: An initiative launched by the German retail sector (...)

The Hellenic Competition Authority conducts a dawn raid in the market for sunflower, cotton and maize seeds
Hellenic Competition Commission (Athens)
Greece 132 contributions 18403 visits
Dawn Raid of the Hellenic Competition Commission in the markets for sunflower, cotton and maize seeds* Subject: Dawn Raid of the Hellenic Competition Commission in the markets for sunflower, cotton and maize seeds and the markets for plant protection products On the 14th of December 2021, (...)

The Indian Competition Authority reprimands the national poultry farmers’ association for price fixing and issues a cease and desist order (T. R. Chandran / People for Animals / National Egg Co-ordination Committee)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8821 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10714 visits
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Samvad Partners (Mumbai)
76 contributions 7524 visits
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KEY POINTS The knowledge among members that prices have to be followed strictly to avoid adverse action in itself creates an ecosystem where the requirement of strict adherence permeates to each nook and corner. BRIEF FACTS Two separate informations were filed by Mr. T. R. Chandran (“Mr. (...)

The Portuguese Competition Authority sanctions five supermarkets, an alcoholic drinks manufacturer and two managers for price fixing (Auchan / E. Leclerc / Intermarché / Modelo Continente / Pingo Doce)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30113 visits
AdC sanctions Auchan, E. Leclerc, Intermarché, Modelo Continente, Pingo Doce, a supplier and retailer of alcoholic drinks and two managers for colluding on prices to the detriment of consumersThe decision The AdC (Portuguese Competition Authority) has sanctioned five supermarket chains – (...)

The Lithuanian Competition Authority reduces a fine imposed on four food wholesalers found liable for bid rigging from 75% to 15% (Sanitex / Sotėja /Selnera / Maistulis /Egilėja)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20836 visits
Konkurencijos taryba reduces fines for food wholesalers for cooperation and settlement in bid-rigging case* The Lithuanian competition authority Konkurencijos taryba has found that the companies Sanitex, Sotėja, Selnera, Maistulis and Egilėja rigged their bids, including the price, in public (...)

The Dutch Competition Authority investigates a possible cartel in the food processing sector
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36684 visits
ACM investigates possible cartel in the food processing sector* The Netherlands Authority for Consumers and Markets (ACM) is carrying out an investigation into a possible cartel in the food processing sector. As part of that investigation, ACM recently conducted dawn raids at several (...)

The EU Commission fines an Italian canned food retailer €20 million for participating in a canned vegetable cartel (Conserve Italia)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
Antitrust: Commission fines Conserve Italia €20 million for participating in canned vegetables cartel* The European Commission has fined Conserve Italia Soc. coop. agricola and its subsidiary Conserves France S.A. (together ‘Conserve Italia’) a total of € 20 000 000 for breaching EU (...)

The French Competition Authority indicates that unannounced inspections into anticompetitive practices have been carried out in the food retail sector
French Competition Authority (Paris)
France 747 contributions 409238 visits
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the food retail sector* Following authorisation from the liberty and custody judge, the investigation services of the Autorité de la concurrence have raided yesterday the (...)

The Swedish Patent and Market Court rules that a company active in the cheese and dairy industry should pay an administrative fine for unlawful cooperation in dairy product procurement (Arla Foods)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10308 visits
Arla Foods to pay administrative fine for unlawful cooperation* The Patent and Market Court has in a judgment decided that Arla Foods is to pay an administrative fine for having participated in an unlawful cooperation ahead of a procurement. The fact that Arla Foods has cooperated with the (...)

The French Competition Authority states objections to 14 professional organisations and 101 companies in the foodstuff sector for agreeing not to communicate on the presence of Bisphenol A in their products
French Competition Authority (Paris)
France 747 contributions 409238 visits
Bisphenol A in food containers: the general rapporteur indicates having stated objections to 101 companies and 14 professional organisations* The General Rapporteur of the Autorité de la concurrence indicates that objections were stated a few days ago in the manufacture and retail of (...)

The Hungarian Competition Authority imposes a fine on 3 companies active in the retail trade of agricultural machinery for sharing more than a dozen national public procurement procedures among themselves (Tempel Kereskedelmi és Szolgáltató / Normtec / Slovakian Premium Line)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19803 visits
The GVH imposed a fine on a public procurement cartel yet again* The Hungarian Competition Authority (GVH) imposed a fine of approximately HUF 135 million on three undertakings, which are active in the retail trade of agricultural machinery for sharing more than a dozen Hungarian public (...)

The Dutch Competition Authority imposes fines totalling almost €4M on two major national collectors of used cooking oil for making price-fixing purchase agreements (Rotie / Nieuwcom)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36684 visits
ACM imposes fines for price-fixing agreements involving the purchase of used cooking oil* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines, totaling almost four million euros, on two major collectors of used cooking oil, for making cartel agreements regarding the (...)

The New Zealand Competition Authority receives application from chicken growers association seeking authorization on behalf of its members to collectively negotiate with a leading poultry company (Tegel Growers Association / Tegel Foods)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25289 visits
New Zealand Tegel Growers Association seeks authorisation for its members to engage in collective bargaining with Tegel Foods* The Commerce Commission has received an application from the New Zealand Tegel Growers Association Incorporated (TGA) seeking authorisation on behalf of its members (...)

The Russian Competition Authority initiates two cases against a wholesale distributor for controlling the prices and terms of delivery of goods of 2 retail chains (Sladkaya Zhizn Plus)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57161 visits
Nizhny Novgorod OFAS initiated two cases against Sladkaya Zhizn Plus LLC* The actions of the company show signs of coordination of the economic activities of the Avocado and Malinka retail chains According to the Nizhny Novgorod Regional Office of the FAS Russia, Sladkaya Zhizn Plus LLC (...)

The US DoJ charges four executives and companies for price fixing in an ongoing investigation into the broiler chicken industry (Koch Foods / McGuire / Stiller)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Four Executives and Company Charged with Price Fixing in Ongoing Investigation into Broiler Chicken Industry* A federal grand jury in Denver, Colorado, returned an indictment yesterday charging Koch Foods, headquartered in Park Ridge, Illinois, for participating in a nationwide conspiracy to (...)

The Croatian Competition Authority imposes a fine on a company for using its strong bargaining power and imposing unfair trading practices on its chicken suppliers (Koka)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
Unfair Trading Practices – CCA imposes HRK 100,000 fine on Koka, Varaždin* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) with (...)

The Brazilian Competition Authority fines multiple undertakings involved in a rendering industry cartel in Rio Grande do Sul
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21719 visits
CADE signs agreements related to a cartel in the market of rendering industry in Rio Grande do Sul* In total, more than BRL 18.7 million are to be paid as financial contributions In the hearing held last Wednesday (30 June), the Administrative Council for Economic Defense (CADE) ratified (...)

The Paris Court of Appeal significantly reduces the fines imposed on French food companies for their involvement in a price fixing, output restriction, and market sharing cartel (Cap endives / Groupe Perle du Nord)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3447 visits
On 1 July 2021, the Paris Court of Appeal largely confirmed an earlier decision of the French Competition Authority (“FCA”) finding that French endive producers’ organisations and associations had infringed Article 101 TFEU, but significantly reduced the amount of the fines imposed on them due (...)

The Spanish Commercial Court of Granada grants the first €1.8M award for damages in a milk cartel case (Corporación Alimentaria Peñasanta / Puleva Food / Central Lechera de Galicia)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47188 visits
By Decision of 26 February 2015, INDUSTRIAS LACTEAS, file S/0425/12, the CNMC declared the existence of a cartel in the dairy industry, sanctioning several dairy companies for having reached agreements on purchase prices and distribution of supply sources, allowing the companies total control (...)

The Italian Competition Authority issues a landmark judgment in a proceeding for unfair commercial practices in the distribution and selling of patented seedless grapes in Italy (Puglia Association of Growers / Confederazione Italiana Agricoltori Puglia / Comitato Liberi Agricoltori e Commercianti Pugliesi e Lucani)
Bird & Bird (Rome)
Italy 19 contributions 4195 visits
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Luiss Guido Carli University (Rome)
Italy 27 contributions 5609 visits
On 25 May 2021, the Italian Antitrust Authority (“AGCM”) issued a landmark judgment in a proceeding for unfair commercial practices in the distribution and selling of patented seedless grapes in Italy. The proceeding represents one of the few of its kind, not only for the close interlink (...)

The US DoJ indicts two real estate professionals for bid-rigging at a farmland auction (Barry Dyer / Mackie Shelton)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Two Kentucky Real Estate Professionals Indicted for Rigging Farmland Auction* A federal grand jury in the Western District of Kentucky returned an indictment charging two Kentucky real estate professionals with conspiring to rig bids at an estate auction for farmland and timber rights. (...)

The US DoJ indicts a national broiler chicken producer for price fixing and bid rigging (Claxton)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Broiler Chicken Producer Indicted for Price Fixing and Bid Rigging* A federal grand jury in Denver, Colorado, returned an indictment charging Norman W. Fries Inc., dba Claxton Poultry Farms (Claxton), headquartered in Claxton, Georgia, with participating in a nationwide conspiracy to fix (...)

The Belgian Competition Authority closes investigation against two grocery stores’ purchasing agreement after receiving their commitments (Carrefour / Provera)
Belgian Competition Authority (Brussels)
Belgium 120 contributions 24211 visits
The Investigation and Prosecution Service of the Belgian Competition Authority has closed an investigation against the purchasing alliance between Carrefour and Provera after receiving commitments* In May 2019, the Prosecutor-general of the Belgian Competition Authority (BCA) opened an (...)

The French Competition Authority fines a national cold meat producer for obstructing an investigation into a potential cartel (Fleury Michon)
French Competition Authority (Paris)
France 747 contributions 409238 visits
The Fleury Michon group is fined 100,000 euros for obstructing an investigation* The Fleury Michon group is fined 100,000 euros for having obstructed the conduct of the investigation carried out by the Autorité in the case of the ham and cold meat sector cartel. Background On 16 July (...)

The Dutch Trade and Industry Appeal Tribunal upholds the Competition Authority’s decision to fine a cartel in the cold stores sector (Eimskip / Kloosbeheer / Samskip / H&S Coldstores)
Stibbe (Amsterdam)
Netherlands 2 contributions 1561 visits
This ruling is part of a case that has been going on for years. It concerns a cartel in the cold storage sector. The background to the case is as follows. Four companies from this sector were fined for three different cartel violations with fines ranging from €450,000 to €9.6 million. In (...)

The Romanian Competition Authority opens an investigation into the production and marketing of poultry meat (Transavia / Ave Impex / Vis Agri)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29355 visits
The Competition Council has opened an investigation on the market of production and marketing of poultry meat* The Competition Council has launched an investigation aimed at a possible anti-competitive behaviour of some undertakings operating on the market of production and / or marketing (...)

The French Competition Authority fines three sandwich makers for creating a cartel (Roland Monterrat / La Toque Angevine / Daunat)
Vaillant Group (Paris)
22 contributions 3466 visits
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Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2763 visits
The French Competition Authority (“FCA”) recently fined the three main French manufacturers of sandwiches for mass retail distribution for having implemented a volume and customer allocation plan over a six-year period and agreed on the price level to be offered to their customers (€24.5 (...)

The French Competition Authority fines three industrial sandwich manufacturers €24.5M for an anticompetitive agreement (Roland Monterrat / La Toque Angevine / Daunat)
Autorité de la concurrence (Paris)
France 747 contributions 409238 visites
The Autorité de la concurrence fines the three main French manufacturers of industrial sandwiches sold under retailer’s own brand label for anticompetitive agreement* Background The Autorité de la concurrence fines Roland Monterrat, La Toque Angevine (hereinafter "LTA") and Snacking Services (...)

The Latvian Competition Authority fines two reclamation companies for bid-rigging in procurement of renovation projects of water drains with national importance (Valkas meliorācija / Agromeliorators)
Latvian Competition Council (Riga)
Lettonie 124 contributions 24556 visites
The CC repeatedly detects bid-rigging in the reclamation sector* On 11 March, the Competition Council of Latvia (hereinafter – the CC) adopted a decision to impose a fine on two reclamation companies – SIA “Valkas meliorācija” and SIA “Agromeliorators” – for coordinated submission of tenders (...)

The Australian Competition Authority authorises a dairy farmers’ organisation to implement a licensing scheme for the use of its logo on qualifying dairy products (Queensland Dairyfarmers’ Organisation)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
ACCC authorises Queensland Dairyfarmers’ Organisation to implement ’Fair Go Dairy’ licensing scheme* The ACCC has authorised the Queensland Dairyfarmers’ Organisation Limited (QDO) to give effect to its proposed ‘Fair Go Dairy’ licensing scheme for five years. Under the scheme, QDO will (...)

The US DoJ fines the largest national chicken producer for price fixing (Pilgrim’s)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
One of the Nation’s Largest Chicken Producers Pleads Guilty to Price Fixing and is Sentenced to a $107 Million Criminal Fine First Corporation Pleads Guilty in Ongoing Criminal Antitrust Investigation into the Broiler Chicken Industry Pilgrim’s Pride Corporation (Pilgrim’s), a major (...)

The French Supreme Court rules that an undertaking continues to be involved in a cartel if it keeps receiving invitations to participate without clearly distancing itself and makes other participants interpret that it shares their objectives (Goodmills Deutschland / Grands moulins de Paris)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3447 visits
On 10 February 2021, the French Supreme Court (Cour de cassation) ruled that an undertaking continues to be involved in a cartel if it keeps receiving invitations to participate without clearly distancing itself and when other participants interpret that this undertaking shares their (...)

The EU Commission opens an investigation into possible trade restrictions by one of the largest producers of chocolate, biscuits, and coffee in the Union (Mondelēz)
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
Antitrust: Commission opens formal investigation into possible trade restrictions by Mondelēz* The European Commission has opened a formal antitrust investigation to assess whether Mondelēz has restricted competition in a range of national markets for chocolate, biscuits and coffee by (...)

The Romanian Competition Authority fines nine companies for price fixing on the market for agricultural equipment (Claas Global Sales / Amazonen-Werke H. Dreyer / Claas Regional Center South East Europe...)
KU Leuven
Belgium 15 contributions 3465 visits
On 7 January 2021, the Romanian Competition Council (“RCC”) imposed fines totalling € 26.5 million on nine companies for fixing the prices of agricultural machinery and equipment between 2014 and 2018. The companies involved in the infringement were Claas Global Sales, Amazonen-Werke H. (...)

Unilateral Practices

 The Croatian Competition Authority opens proceedings against a supermarket for using unfair trading practices by virtue of its dominance (Tommy)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
Implementation of the UTPS Act: CCA opens proceeding against Tommy* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) with the view (...)

The UK Competition Authority orders a major supermarket to rewrite land deals to remove provisions that block rival supermarkets from establishing in the surrounding area (Waitrose)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 407 contributions 101303 visites
Anti-competitive land deals re-written to help businesses and shoppers* Waitrose has agreed to rewrite several property deals after it signed land agreements which blocked other supermarkets from opening nearby. Waitrose re-writes land deals to allow rivals to open nearby “We will continue (...)

The Polish Competition Authority fines the national market leader in grain exportation for applying unfair contract terms, including penalty payments for failure to supply grain due to force majeure (PolishAgri)
Polish Competition Authority (Warsaw)
Pologne 120 contributions 22653 visites
Situation on the grain market - actions of the President of UOKiK* UOKiK works actively for the protection of the farmers involved in grain production. In his latest decision, the President of UOKiK has imposed a penalty of over PLN 300,000 on PolishAgri - the leader in grain exports in (...)

The Spanish Competition Authority fines the national kennel club for imposing unfair conditions on dog owners and raising barriers to entry for potential rivals (Royal Canine Society of Spain)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31594 visits
The CNMC fines the Royal Canine Society of Spain for hindering the activity of rival associations and discriminating against canine judges.* The Royal Canine Society of Spain (RSCE in Spanish) has abused its dominant position to hinder the entry of other organisations, which are authorised by (...)

The Spanish Competition Authority fines the national kennel club for abusing its dominant position by hindering the expansion of rivals through, inter alia, imposing high switching costs (Royal Canine Society of Spain)
Ashurst (Madrid)
Spain 14 contributions 2378 visits
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Ashurst (Madrid)
Spain 7 contributions 965 visits
On 26 May 2022, the CNMC fined the Royal Canine Society of Spain ("RSCE") almost EUR 143,000 for abusing its dominant position in several markets related to purebred dogs by hindering the activity of rival associations and discriminating against canine judges. The CNMC launched its (...)

The Croatian High Administrative Court strikes out a claim by a food wholesaler which sought to overturn a fine for the implementation of unfair trade practices (Kaufland Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
UTPS: ANOTHER LEGALLY VALID DECISION: HIGH ADMINISTRATIVE COURT DISMISSES APPEAL OF RE-SELLER KAUFLAND* The High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller Kaufland Hrvatska k.d. from Zagreb and upheld the ruling of the Administrative Court in (...)

The Cypriot Competition Authority imposes a fine of €271,385.11 on a pasteurized cow milk company for abuse of dominance through excessive pricing (Charalambides-Christis)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9068 visits
The Commission for the Protection of Competition imposed a fine on Charalambides-Christis Ltd amounting to €271,385.11 for infringements of article 6(1)(a) of the Protection of Competition Laws and corresponding article 102(a) of the Treaty on the Functioning of the European Union* The (...)

The Larnaca District Court issues an award of €257K to a grain distributor and retailer as compensation for suffering from predatory pricing (AGS Agrotrading / Cyprus Grain Commission)
Harris Kyriakides (Cyprus)
Cyprus 2 contributions 840 visits
Cyprus Courts issue their first judgment awarding civil law damages for breach of competition laws. In the first decision issued by the Cyprus Courts on damages to a corporation as a result of infringement of competition laws, the Larnaca District Court awarded on 9 February 2022 the total (...)

The Croatian Competition Authority fines a dominant buyer of oranges for refusing to pay a supplier (Filip)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
UNFAIR TRADING PRACTICES: CCA IMPOSES HRK 60,000 FINE ON MANDARIN ORANGES BUYER FILIP* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding against the mandaring oranges buyer Filip within the meaning of the Act on prohibition of unfair trading practices in the (...)

The Polish Competition Authority fines a German supermarket for forcing suppliers to accept unfavourable contract terms, applying unfair retrospective discounts and mislabelling products to suggest domestic production (Kaufland Polska Markety)
Polish Competition Authority (Warsaw)
Pologne 120 contributions 22653 visites
Decisions of the President of UOKiK on Kaufland* Kaufland Polska Markety required suppliers to reduce the price of agricultural and food products after their sale, unfairly using its contractual advantage. Moreover, it misled consumers as to the country of origin of the vegetables. The (...)

The Polish Competition Authority orders a supermarket to pay debts to suppliers in a first-of-its-kind decision that provides public compensation to entities other than consumers (SCA Polska / Intermarché)
Polish Competition Authority (Warsaw)
Pologne 120 contributions 22653 visites
UOKiK President orders SCA PR Polska (Intermarche) to pay debts towards suppliers* President of the Office of Competition and Consumer Protection Tomasz Chróstny obliged SCA PR Polska (Intermarche Group) to change practices that could constitute an unfair use of contractual advantage. As a (...)

The Croatian High Administrative Court upholds the Competition Authority’s decision fining a watermelon re-seller for imposing unfair trading practices (Fragaria)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
UTPS: HIGH ADMINISTRATIVE COURT DISMISSES APPEAL OF RE-SELLER FRAGARIA* The High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller FRAGARIA and upheld the ruling of the Administrative Court in Zagreb of 16 December 2020 rejecting the claim for cancellation (...)

The Croatian Competition Authority imposes a substantial fine on a supermarket for predatory pricing (SPAR Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
UNFAIR TRADING PRACTICES: CCA IMPOSES HRK 1.3M FINE ON SPAR HRVATSKA D.O.O.* The Croatian Competition Agency (CCA) fined SPAR Hrvatska d.o.o. HRK 1.3 million for serious infringement of the Croatian Act on the prohibition of unfair trading practices in the business-to-business food supply (...)

The French Competition Authority fines a sugar and molasses producer for abuse of dominance through excessively limiting supply contracts with rum distilleries (Tereos Océan Indien)
Autorité de la concurrence (Paris)
France 747 contributions 409238 visites
The Autorité de la concurrence fines Tereos Océan Indien for abuse of a dominant position* Background Following a complaint lodged by the company Réunionnaise du Rhum, the Autorité de la concurrence has fined the sugar and molasses producer Tereos Océan Indien (TOI) 750,000 euros for (...)

The Croatian Administrative Court in Zagreb upholds the fine against a food wholesaler for using its market power to implement unfair trade practices (Kaufland Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
UTPS: ADMINISTRATIVE COURT IN ZAGREB UPHOLDS CCA DECISION SANCTIONING KAUFLAND HRK 1.1 MIL FOR IMPOSITION OF UNFAIR TRADING PRACTICES* The Administrative Court in Zagreb completely rejected the statement of claim of the re-seller Kaufland Hrvatska k.d. in the administrative dispute against (...)

The Cypriot Administrative Court upholds the Competition Authority’s decision to impose a fine of €2 million for anticompetitive practices in the supply of raw cow milk (Pancyprian Organization of Cattle Farmers)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9068 visits
The Administrative Court has upheld the decision of the Commission for the Protection of Competition and the fine of €2.100.000 imposed on the Pancyprian Organization of Cattle Farmers (POCF) Public Ltd for infringements of the Protection of Competition Law of 2008.* The Administrative Court (...)

The Croatian Competition Authority opens an investigation looking into abuse of dominance for not offering a fair tendering process by a company owning a forest used for timber production (Hrvatske šume)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
CCA OPENS PROCEEDING AGAINST HRVATSKE ŠUME* On 7 October 2021 the Croatian Competition Agency (CCA) opened ex-officio proceeding against the Croatian forestry and woodland management company Hrvatske šume d.o.o. with its seat in Zagreb, with the view to identifying any anticompetitive (...)

The Turkish Competition Authority accepts a leading beverage company’s commitments to remedy competition concerns over its abuse of dominance in the carbonated drinks, cola drinks and aromatic carbonated drinks markets (Coca Cola)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 173 contributions 83962 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 6 contributions 697 visits
The changes to the Law No. 4054 on Protection of Competition (“Law No. 4045”) introducing the new commitment and settlement mechanisms, entered into force on 24 June 2020 with the Amendment Law, aiming to achieve efficiency gains and allow the competition investigations to close at an earlier (...)

The Croatian Administrative Court in Split dismisses an appeal against unfair trading allegations on the grounds that the claim was made outside of the legally permitted window (Agro Gold)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
ADMINISTRATIVE COURT IN SPLIT DISMISSES THE UNTIMELY CLAIM OF AGRO GOLD* The Croatian Competition Agency fined AGRO GOLD d.o.o. from Opuzen HRK 75,000 for a serious infringement of the Croatian Act on the prohibition of unfair trading practices in the business-to-business food supply chain. (...)

The Hungarian Competition Authority launches an investigation into one of the largest domestic wholesalers of fishing products
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19803 visits
The GVH has caught a big fish among the domestic wholesalers of fishing products* 23 July 2021, Budapest – The Hungarian Competition Authority (GVH) has launched an investigation into one of the largest domestic undertakings engaged in the wholesale of fishing products due to allegedly (...)

The Polish Competition Authority initiates proceedings against a leading grain trader for unfairly exploiting its contractual advantage (Cefetra Polska)
Polish Competition Authority (Warsaw)
Pologne 120 contributions 22653 visites
President of UOKiK initiates proceedings concerning the practices of Cefetra Polska* The President of UOKiK Tomasz Chróstny initiated proceedings against the Cefetra Polska company. The entrepreneur may be unfairly exploiting its contractual advantage. Of particular concern are contracts (...)

The Polish Competition Authority initiates proceedings against a company for abusing its bargaining power in the grain and rapeseed market (PolishAgri)
Polish Competition Authority (Warsaw)
Pologne 120 contributions 22653 visites
Superior bargaining power - proceedings of the President of UOKiK against PolishAgri* President of UOKiK Tomasz Chróstny brought charges against PolishAgri, a company that buys and sells grain and rapeseed. The company may be unfairly abusing its superior bargaining power against suppliers. (...)

The Turkish Competition Authority fines an ice cream supplier for abusing its dominant position in the industrial ice cream market through the use of exclusionary practices and the imposing of a non-compete obligation on one of its e-commerce customers (Unilever / Algida)
ACTECON (Istanbul)
Turkey 9 contributions 1891 visits
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ACTECON (Istanbul)
Turkey 1 contribution 155 visits
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ACTECON (Istanbul)
Turkey 1 contribution 155 visits
Introduction The Turkish Competition Authority’s (“TCA”) reasoned decision dated 18.03.2021 and numbered 21-15/190-80, whereby it has decided to impose an administrative fine amounting to TRY 480,217,217 (EUR 77,624,758) on Unilever Sanayi ve Ticaret Türk A.Ş. (“Unilever”) for violation of (...)

The Mexican Competition Authority investigates possible monopolistic practices in the market of conformity assessments of mezcal alcoholic beverages
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27052 visits
Derived from a complaint, COFECE investigates possible relative monopolistic practices in the market of conformity assessment of mezcal* Mexico City, March 04, 2021.- The Investigative Authority of the Federal Economic Competition Commission (COFECE or Commission) published today, in the (...)

The Croatian Competition Authority fines a mandarin oranges buyer for unfair trading practices (Jasenska)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
Unfair trading practices: CCA imposes HRK 350,000 fine on Mandarin Oranges buyer Jasenka from Opuzen* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding against the mandarin oranges buyer Jasenska within the meaning of the Act on prohibition of unfair trading (...)

The Maltese Competition Authority declares that a price rise for milk products is not a result of a dominant position (MDP)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malta 14 contributions 908 visits
Office for Competition | Decision* On 23 July 2019, MDP announced that with effect from Monday 29 July 2019, it would be increasing the recommended consumer prices of Benna fresh milk products. Following this news release, the Office for Competition initiated an ex-officio investigation on (...)

Mergers

 The Irish Competition Authority accepts a grocery chain and grocery wholesaler combination, subject to binding commitments to not exchange commercially sensitive information (BWG Foods / McCarrick Brothers Wholesale)
Irish Competition Authority (Dublin)
Irlande 104 contributions 16701 visites
CCPC requires binding commitments from BWG to acquire McCarrick’s* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by BWG Foods Unlimited Company (BWG) of McCarrick Brothers Wholesale Longford (...)

The Cypriot Competition Authority receives notification of proposed acquisition of a national dairy product producer by a Greek rival (N.Th. Kouroushis / Olympus Foods)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9068 visits
Notification of a concentration concerning the acquisition of the share capital of N.Th. Kouroushis Ltd by Olympus Foods (Cyprus) Ltd* The Service of the Commission for the Protection of Competition has received a notification of a concentration concerning the acquisition of the share (...)

The UK Competition Authority provisionally finds that a merger between two pastry makers could leave national retailers and shoppers facing higher prices and lower quality products (Cérélia’s / Jus-Rol)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 407 contributions 101303 visites
UK grocers and shoppers could face higher prices due to dough merger* An in-depth CMA investigation has provisionally found that Cérélia’s purchase of Jus-Rol could leave UK retailers and shoppers facing higher prices and lower quality products. Ready-to-bake products – including staples (...)

The EU Commission approves the acquisition of a major salmon farmer by a rival subject to a divestment (SalMar / NTS)
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
Mergers: Commission approves SalMar’s acquisition of NTS, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of NTS by SalMar. The approval is conditional on full compliance with commitments offered by SalMar. SalMar is one (...)

The Canadian Competition Tribunal dismisses the Competition Authority’s challenge of an acquisition by a grain company of a grain elevator (P&H / Virden Elevator / Louis Dreyfus)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11675 visits
Competition Bureau to review Tribunal ruling on its challenge of P&H’s acquisition of grain elevator in Virden, MB* The Competition Tribunal issued a decision dismissing the Competition Bureau’s challenge of Parrish & Heimbecker’s (P&H) acquisition of one primary grain elevator (...)

The Australian Competition Authority publishes a Statement of Issues over the proposed acquisition of a forest plantation by a rival (Forestry Corporation of NSW / Hume Forest)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
Forestry Corporation of NSW’s proposed acquisition of Hume Forest Ltd assets raises preliminary competition concerns* The ACCC has outlined preliminary concerns with Forestry Corporation of New South Wales’ (FCNSW) proposed acquisition of the assets of Hume Forests Ltd (Hume) in a statement (...)

The Cypriot Competition Authority receives notification from a beverage bottler of an intended acquisition of a soft drinks manufacturer and distributor (ESM Effervescent Sodas Management / CC Beverages Holdings II)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9068 visits
Notification of a concentration concerning the acquisition of the share capital of ESM Effervescent Sodas Management Ltd by CC Beverages Holdings II B.V.* The Service of the Commission for the Protection of Competition has received a notification of a concentration concerning the proposed (...)

The South African Competition Authority consults on the proposed takeover of a Namibian beverage company by a global beer company (Heineken / Namibian Breweries)
South African Competition Commission (Pretoria)
South Africa 25 contributions 3033 visits
Commission recommends conditional approval of Heineken’s proposed takeover of Namibian Breweries and certain distill operations* The Competition Commission has recommended that the Competition Tribunal approve with conditions the proposed transaction whereby the Heineken Group through (...)

The Portuguese Competition Authority issues a non-opposition decision to the merger between two fast food service restaurants (BK Portugal / IberKing Lurca)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30113 visits
The AdC issued a non-opposition decision to the merger 37/2022 - BK Portugal / IberKing*Lurca* On 6 September 2022, the Board of the AdC, using the powers conferred on it by subparagraph d) of paragraph 1 of article 19 of the Statutes, approved by Decree-Law no. /2014, of 18 August, decided (...)

The Romanian Competition Authority assesses the takeover of an animal feed production company by a private equity firm (Cargill / Waterland Group)
Romanian Competition Council (Bucharest)
Roumanie 160 contributions 29355 visites
Competition council assesses the taking over of some assets from Cargill by Waterland Group* The Competition Council assesses the transaction by which NewOpCo Hungary, a branch of Waterland Group, takes over some assets of Cargill Group from Hungary. The assets cover, mainly, a production (...)

The Lithuanian Competition Authority prohibits the acquisition of a Lithuanian grain production company by a Latvian grain production company (Baltic Mill / Dobeles dzirnavnieks)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20836 visits
Latvian Firm Dobeles Dzirnavnieks does not receive permission to acquire Lithuanian company Baltic Mill* Today the Lithuanian competition authority Konkurencijos taryba refused to clear the acquisition of 100 per cent of the shares and sole control of the Lithuanian company Baltic Mill by (...)

The Cypriot Competition Authority receives notification that a Singaporean investment firm intends to acquire three firms active in the global supply of irrigation products (Jain America Holdings / Naandan Jain Irrigation / Gavish Control System / Temasek Holdings)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9068 visits
Notification of a concentration concerning the acquisition of the share capital of Jain America Holdings Inc., Naandan Jain Irrigation Ltd and Gavish Control System Ltd, by Temasek Holdings (Private) Ltd, via Rivulis PTE Ltd* The Service of the Commission for the Protection of Competition (...)

The Romanian Competition Authority approves the takeover of the assets of an animal feed mill by a poultry farm (Sam Mills / Poultry Farms)
Romanian Competition Council (Bucharest)
Roumanie 160 contributions 29355 visites
THE COMPETITION COUNCIL APPROVED THE TAKING OVER OF SOME ASSETS OF SAM MILLS EUROPE AND SAM MILLS FEED BY POULTRY INTEGRATION FARMS * The Competition Council approved the transaction by which Poultry Integration Farms takes over from Sam Mills Europe and Sam Mills Feed some assets for the (...)

The UK Competition Authority raises concerns over a merger in the market for the supply of commercial kitchen equipment (Ali Holding / Welbilt)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 407 contributions 101303 visites
Foodservice equipment merger gives CMA cause for concern* Following a fast track phase 1 investigation, the CMA has found that the anticipated tie-up between 2 major kitchen equipment suppliers raises competition concerns. Ali Holding S.r.l. (Ali Group) and Welbilt, Inc. (Welbilt) provide (...)

The UK Competition Authority finds that a merger between two pastry companies could lead to higher prices and lower quality products for shoppers in the UK (Cérélia / Jus-Rol)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 407 contributions 101303 visites
Bake-at-home dough merger raises competition concerns* Cérélia is the largest manufacturer of bake-at-home dough products in the UK, producing private label (own brand) products on behalf of some of the largest grocery retailers in the UK. Jus-Rol is the best-selling brand in the (...)

The New Zealand Competition Authority clears the merger of two vegetarian food manufacturers (Life Health Foods / Chalmers Organics)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25289 visits
Life Health Foods cleared to acquire Chalmers Organics* The Commerce Commission has granted clearance for Life Health Foods NZ Limited to acquire the business and assets of Chalmers Organics Limited. Life Health Foods and Chalmers Organics both supply a range of vegetarian and plant-based (...)

The US FTC launches an inquiry into market concentration in the baby formula market
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43112 visits
Federal Trade Commission Launches Inquiry into Infant Formula Crisis* Agency Seeks Public Comment on Attempts to Deceive Families and Factors that May Have Contributed to the Ongoing Shortage of Infant Formula Today, the Federal Trade Commission staff launched an inquiry into the ongoing (...)

The Finnish Competition Authority approves the acquisition of a frozen bakery and grain mill products manufacturer by an agricultural company (Lantmännen / Myllyn Paras Group)
Finnish Competition and Consumer Authority (Helsinki)
Finlande 74 contributions 12554 visites
FCCA ap­proves Lant­män­nen’s ac­qui­si­tion of Myl­lyn Paras* On 29 April 2022, the Finnish Competition and Consumer Authority (FCCA) approved the acquisition whereby Lantmännen ek för is to acquire Sponmill Oy and the Myllyn Paras Group it owns. Lantmännen is a Swedish agricultural (...)

The New Zealand Competition Authority clears an acquisition of a water dispenser company by a drinking water solutions company subject to divestments (Zenith Water / Waterlogic)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25289 visits
Commission clears Zenith Water / Waterlogic merger subject to divestment* The Commerce Commission has given clearance to Osmosis Buyer Limited (Osmosis) to acquire Firewall Holdings S.À R.L (Firewall) as part of a global transaction, subject to an undertaking to divest Firewall’s Merquip (...)

The Austrian Competition Authority accepts the merger decision of the cartel court in relation to the merger between two wholesale food businesses (Metro / AGM)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7731 visits
METRO/AGM merger: Approved by Cartel Court with structural remedies* The merger concerns the acquisition of AGM by METRO and was notified to the Austrian Federal Competition Authority (“AFCA”) on 2 September 2021. The deadline for completion of the Phase I review and the filing of a request (...)

The French Competition Authority fines a wine and spirits company €7M for gun jumping (Cofepp / Marie Brizard Wine & Spirits)
McDermott Will & Emery (Paris)
France 28 contributions 4328 visits
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McDermott Will & Emery (Paris)
France 33 contributions 8096 visits
By a decision dated 12 April 2022, the French Competition Authority (FCA) fined the Compagnie Financière Européenne de Prises de Participation (“Cofepp”) up to 7 million euros, for having closed the takeover of the company Marie Brizard Wine & Spirits (i) without first notifying the (...)

The German Competition Authority approves a merger between an agricultural retail trading company and an agricultural wholesale company (BAT Agrar / Rudolf Peters Landhandel)
German Competition Authority (Bonn)
Allemagne 457 contributions 116593 visites
Proposed merger in the agricultural trade: Bundeskartellamt clears BAT’s acquisition of joint control of Rudolf Peters* Bonn, 28 March 2022: In the agricultural trading sector, the Bundeskartellamt has cleared the increase in the number of shares held by BAT Agrar GmbH in Rudolf Peters (...)

The German Competition Authority unconditionally clears an agricultural wholesaler’s acquisition of joint control of a private agricultural trading company (BAT / Rudolf Peters)
German Competition Authority (Bonn)
Allemagne 457 contributions 116593 visites
Proposed merger in the agricultural trade: Bundeskartellamt clears BAT’s acquisition of joint control of Rudolf Peters* In the agricultural trading sector, the Bundeskartellamt has cleared the increase in the number of shares held by BAT Agrar GmbH in Rudolf Peters Landhandel GmbH & Co. (...)

The Latvian Competition Authority approves a merger between a subsidiary and a parent company active in the grain processing industry (Dobeles dzirnavnieks / Rīgas Dzirnavnieks)
Latvian Competition Council (Riga)
Lettonie 124 contributions 24556 visites
The CC allows JSC “Dobeles dzirnavnieks” to merge with the parent company of JSC “Rīgas Dzirnavnieks”* On March 4, the Competition Council (the CC) decided to allow JSC “Dobeles dzirnavnieks” to acquire the Lithuanian grain processing company AB “Baltic Mill”, which owns several grain (...)

The Hellenic Competition Authority approves the acquisition of 4 food service companies by an online delivery company (Delivery Hero / Alfa Distributions / Inkat / Delivery.gr / E-table)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18403 visits
The HCC approves Delivery Hero’s acquisition of four companies subject to commitments*. Subject: Decision No. 775/2022 – approval of Delivery Hero’s acquisition of companies Alpha Distributions SA, Inkat SA, Delivery.gr Single Member P.C. and E-Table Single Member P.C., subject to (...)

The Hellenic Competition Authority approves the proposed merger between two food and beverages import and export companies (Delta / Daniel S. Gatenio & Son)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18403 visits
Clearance of the proposed acquisition of sole control by DELTA SA Industrial and Commercial Food Company Sole Proprietors SA over Daniel S. Gatenio & Son SA Import and Export Company, food and beverages* Subject: Approval of the notification of acquisition of sole control by "DELTA Food (...)

The French Competition Authority unconditionally clears a takeover of 15 stores by a company active in organic food distribution (Salej / Naturalia)
Autorité de la concurrence (Paris)
France 747 contributions 409238 visites
The Autorité clears the takeover of 15 organic stores of the Salej group by Naturalia, a subsidiary of the Casino Group* Background After reviewing the transaction to acquire 15 organic stores from the Salej group by Naturalia, a subsidiary of the Casino group, the Autorité cleared the (...)

The US FTC approves a final order requiring northeast supermarkets to sell 12 stores as a condition of a merger (Price Chopper / Tops Market)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43112 visits
FTC Approves Final Order Requiring Northeast Supermarkets Price Chopper and Tops Market Corp. to Sell 12 Stores as a Condition of Merger* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the merger of New York-based supermarket (...)

The Mexican Competition Authority sanctions a fruit and vegetables business for not notifying a concentration (Frutas y Hortalizas de Calidad)
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27052 visits
COFECE sanctions Frutas y Hortalizas de Calidad and a natural person for not notifying a concentration* The Commission imposed fines for a total amount of 2 million 345 thousand 760 Mexican pesos. The transaction will not have legal effects until, upon the corresponding payment of rights, they (...)

The US FTC and DoJ announce plans to review and update merger guidelines in order to strengthen enforcement against illegal mergers
Cleary Gottlieb Steen & Hamilton (Washington)
United States 7 contributions 9318 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 8 contributions 2250 visits
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Cleary Gottlieb Steen & Hamilton (San Francisco)
United States 13 contributions 15080 visits
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On Tuesday, January 18th, FTC Chair Lina Khan and DOJ Antitrust Division Assistant Attorney General Jonathan Kanter held a joint press conference in which they announced ambitious plans to review and update the Merger Guidelines, targeting a release of new guidelines before the end of 2022. (...)

The US FTC and DoJ announce that they have entered into settlements with the founder of a logistics company and a restaurant chain owner for alleged gun jumping violations (Clarence L. Werner) (Biglari)
Dechert (Washington)
United States 15 contributions 2943 visits
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Dechert (New York)
United States 9 contributions 1767 visits
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Dechert (Washington)
United States 5 contributions 1270 visits
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Key takeaways Small incremental acquisitions may require HSR filings and the HSR waiting period to be observed. Subsequent acquisitions of a small amount of the same issuer’s voting securities after the HSR requirements have been satisfied may still require additional HSR filings. Even the (...)

The US FTC fines a restaurant chain owner and investment fund operator $1.4 million to settle charges that two of its acquisitions violated the Hart-Scott-Rodino Act (Biglari)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43112 visits
FTC Fines Biglari Holdings Inc. for Repeatedly Violating Antitrust Laws* Today, the Federal Trade Commission announced that restaurant chain owner and investment fund operator Biglari Holdings Inc. will pay a $1.4 million civil penalty to settle charges that two acquisitions it made on March (...)

The Hellenic Competition Authority clears the acquisition for sole control of two companies involved in the manufacturing of dough (Hellenic Dough / Makedoniki Sfoliata)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18403 visits
Clearance of an acquisition* Subject: Clearance of the proposed acquisition by VIVARTIA S.A. of sole control over the companies HELLENIC DOUGH and MAKEDONIKI SFOLIATA (ALESIS S.A.) By its Decision No. 754/2021 on 15th of December 2021, the Hellenic Competition Commission (HCC) unanimously (...)

The Hellenic Competition Authority clears the merger between two pet food companies (BC Partners / Pet City Group)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18403 visits
Clearance of an acquisition* Subject: HCC clears the acquisition by «BC Partners Management GR Limited» («BC Partners») of indirect sole control over Pet City Group* On December, 17th, 2021, the Chamber of the Hellenic Competition Commission (HCC), by its decision 756/2021 unanimously (...)

The Spanish Competition Authority clears an acquisition for exclusive control of two subsidiaries in the agricultural sector (EW / Novogen / Verbeek)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31594 visits
EW Group takes over Novogen and Verbeek.* On 14 December 2021, the CNMC cleared the corporate deal entailing the acquisition of exclusive control of Novogen SAS, Novogen do Brasil Avicultura LTDA, and Verbeek’s Pluimvee Beheer BV by Global Layer Genetics GmbH and European Layer Distribution (...)

The Slovak Competition Authority initiates administrative proceedings over a merger of poultry producers (MHP East Europe / EU Poultry / WE Trade / MHP SE)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5752 visits
MERGERS: AMO SR initiated an administrative proceeding in the matter of merger of undertakings MHP East Europe, s.r.o., EU Poultry, s.r.o., WE Trade, s.r.o., MHP SE and Mr. Dmytro Borodavka* AMO SR initiated an administrative proceeding in the matter of merger grounded in several interlinked (...)

The Romanian Competition Authority approves the takeover of an agricultural distributor and cereal cultivator by an investment firm and an individual (RDF / Roca Investments / Mrs. Florin-Ioan Deznan)
Romanian Competition Council (Bucharest)
Roumanie 160 contributions 29355 visites
THE COMPETITION COUNCIL APPROVED THE TAKING OVER OF RDF S.A. AND RDF AGRICULTURĂ BY ROCA INVESTMENTS AND MRS. FLORIN-IOAN DEZNAN* The Competition Council approved the trasnsaction through which Roca Investments S.A. and Mrs. Florin-Ioan Deznan take over RDF S.A. and its subsidiary RDF (...)

The Saudi Arabian Competition Authority announces, following the adoption of the new Merger Review Guidelines, that it has blocked its first deal between two online food-delivery services due to their failure to provide sufficient information to enable the evaluation of the proposed acquisition (Delivery Hero / The Chefz)
White & Case (Washington)
United States 10 contributions 4470 visits
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White & Case (Düsseldorf)
Germany 38 contributions 15508 visits
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White & Case (Brussels)
Belgium 18 contributions 11800 visits
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This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Kingdom of Saudi Arabia’s General Authority for Competition (the “GAC”) has been ramping up its merger control activities and recently—at least (...)

The Australian Competition Authority does not oppose the proposed merger between a national meat and food processing company and an agri-food producer (JBS / Rivalea)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
JBS’ proposed acquisition of Rivalea not opposed* The ACCC will not oppose JBS Australia Pty Ltd’s (JBS) proposed acquisition of Rivalea Holdings Pty Ltd and Oxdale Dairy Enterprise Pty Ltd (together, Rivalea) finding that the transaction is not likely to substantially lessen competition. (...)

The Romanian Competition Authority approves the takeover of a national producer of agricultural goods and equipment by a Czech company and an individual (Agronom / Agrofert / Aarko Aračić)
Romanian Competition Council (Bucharest)
Roumanie 160 contributions 29355 visites
The Competition Council approved the taking over of Agronom D.O.O. by Agrofert A.S. and DL. Aarko Aračić* The Competition Council approved the transaction by which Agrofert a.s. from the Czech Republic and Mr. Darko Aračić jointly takes over Agronomist d.o.o., Croatia. Agrofert Group a.s. (...)

The US DoJ prohibits the merger between two national sugar producers (U.S. Sugar / Imperial Sugar)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Justice Department Sues to Block U.S. Sugar’s Proposed Acquisition of Imperial Sugar* Acquisition Would Eliminate Significant Refined Sugar Producer in the Southeastern United States The Department of Justice filed a civil antitrust lawsuit today to stop United States Sugar Corporation (...)

The US DoJ requires divestitures following the proposed merger between a national dairy company and a food and beverage producer (Lactalis / Kraft Heinz)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Justice Department Requires Divestitures in Lactalis’s Acquisition of Kraft Heinz’s Natural Cheese Business in the United States* Divestitures of Kraft Heinz’s Athenos and Polly-O Businesses Will Preserve Competition in the Sale of Feta and Ricotta Cheese The Department of Justice (...)

The Belgian Competition Authority approves the acquisition by a pork producer of a rival (Van Bogaert / Belgian Pork Group)
Belgian Competition Authority (Brussels)
Belgique 120 contributions 24211 visites
The Belgian Competition Authority approves the acquisition of sole control of Van Bogaert BV by Belgian Pork Group NV* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) has approved on 29 October 2021 the acquisition of sole control of Van Bogaert BV by (...)

The French Competition Authority clears a merger in the dairy sector between an agricultural cooperative and an ultra-fresh dairy products producer (Yoplait / Sodiaal)
Autorité de la concurrence (Paris)
France 747 contributions 409238 visites
The Autorité de la concurrence clears the takeover of Yoplait by Sodiaal (Candia, Entremont, Régilait…)* Sodiaal cooperative group notified the Autorité de la concurrence on 3 September 2021, of its plan to acquire control of the Yoplait group (excluding US activities). After its review, the (...)

The Australian Competition Authority launches an investigation into a proposed merger between three meat and food processing companies (JBS / Rivalea / Oxdale Dairy)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
JBS’ proposed acquisition of Rivalea raises preliminary competition concerns* The ACCC has outlined its preliminary competition concerns about JBS Australia Pty Ltd’s (JBS) proposed acquisition of Rivalea Holdings Pty Ltd and Oxdale Dairy Enterprise Pty Ltd (together, Rivalea) in a statement (...)

The French Competition Authority conditionally clears the acquisition by a food distributor of 100 stores previously owned by a competitor and for the first time recognizes the existence of a market for organic products (Bio c’ Bon / Carrefour)
Autorité de la concurrence (Paris)
France 747 contributions 409238 visites
Conditionnal green light to the acquisition of 100 Bio c’ Bon stores by Carrefour* For the first time, the Autorité has recognized the existence of a market for organic products The Autorité clears the takeover of 100 Bio c’Bon stores by Carrefour, subject to the divestiture of eight (...)

The Dutch Competition Authority clears the acquisition of 3 transport companies specialized in the handling of flowers and plants by a national cooperative of floriculture growers (Royal FloraHolland / Floriway)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36684 visits
ACM clears acquisition of three floriculture-product transport companies by Dutch cooperative Royal FloraHolland* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of three transport companies specialized in the handling of flowers and plants by Royal (...)

The Romanian Competition Authority approves the merger of two companies in the fruits and vegetables distribution market (Frankort & Koning Beheer Venlo / TP Haluco)
Romanian Competition Council (Bucharest)
Roumanie 160 contributions 29355 visites
The Competition Council approved the taking over of TP Haluco Holding B.V. By Frankort & Koning Beheer Venlo B.V.* The Competition Council approved the transaction by which Frankort & Koning Beheer Venlo B.V takes over TP Haluco Holdings B.V. In Romania, Frankort & Koning Beheer (...)

The Dutch Competition Authority clears the merger between two veal-producing companies (Van Dam / Van Drie)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36684 visits
Concentration in veal sector: ACM clears acquisition of Van Dam by Van Drie* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of the Dutch activities of veal company Van Dam by rival company Van Drie Group. Following an extensive investigation into the (...)

The Romanian Competition Authority approves the takeover of a company active in the manufacturing and marketing of flexible packaging by an investment company (Wendel / Propak Ambalaj Üretim ve Pazarlama)
Romanian Competition Council (Bucharest)
Roumanie 160 contributions 29355 visites
The Competition Council approved the taking over of Propak Ambalaj Üretim ve Pazarlama A.S by Wendel Group* The Competition Council approved the transaction through which the Wendel Group, through Constantia Flexibles International GmbH, takes over Propak Ambalaj Üretim ve Pazarlama A.S., (...)

The Russian Competition Authority grants a retail company’s application to merge with a competitor subject to a number of strict limitations (Tander / Dixy)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57161 visits
FAS: MAgnit/Dixy merger is possible if a number of fundamental conditions are met* FAS issued the most strict order aimed at preventing creation of a unified network that occupies a dominant position The company undertakes to comply with the order, as well as to establish zero trade (...)

The Canadian Competition Authority reaches an agreement with a national cooperative federation and a fertilizer retailer on their proposed joint venture subject to divestments (FCL / Blair’s)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11675 visits
Competition Bureau reaches agreement with Federated Co-operatives Limited and Blair’s on their proposed joint venture* The Competition Bureau announced today that it has reached an agreement with Federated Co-operatives Limited (FCL) and Blair’s Family of Companies related to their proposed (...)

The Lithuanian Competition Authority clears a merger between two companies in the agricultural and food manufacturing sector (Linas Agro Group / Kauno grudai)
Lithuanian Competition Authority (Vilnius)
Lithuania 1 contribution 49 visits
Linas Agro Group will be able to acquire 100 per cent of the shares of companies “TABA Holding” and “Kormoprom invest”, 85,9073 per cent of the shares of company “Kauno grūdai”, 87,6078 per cent of the shares of company “Vilniaus paukštynas”, 91,5467 per cent of the shares of company (...)

The Finnish Competition Authority conditionally approves a merger between a manufacturer and a wholesale operator in the food service procurements sector (Valio / Heinon Tukku)
Finnish Competition and Consumer Authority (Helsinki)
Finlande 74 contributions 12554 visites
The FCCA conditionally approves the merger between Valio and Heinon Tukku* The Finnish Competition and Consumer Authority (FCCA) approved the merger in which Valio Oy will purchase Heinon Tukku Oy on 30 June 2021. A precondition for approving the merger is that Valio undertakes to protect (...)

The German Competition Authority unconditionally clears a merger between two family-owned food retailers on the market for preserved fruit in glass jars and cartons (Andros / Spreewaldhof)
German Competition Authority (Bonn)
Allemagne 457 contributions 116593 visites
Bundeskartellamt clears acquisition of Spreewaldhof by Andros* The Bundeskartellamt has today cleared the acquisition of Obst- und Gemüseverarbeitung “Spreewaldkonserve” Golßen GmbH (“Spreewaldhof”) by Andros & Cie SAS (“Andros”) in second-phase proceedings. Andreas Mundt, President of (...)

The Australian Competition Authority clears a merger between two wholesale food distributors (Woolworths / PFD)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
ACCC will not oppose Woolworths acquiring 65% share of PFD* The ACCC will not oppose Woolworths’ (ASX: WOW) acquisition of 65 per cent of the shares in wholesale food distributor PFD Food Services, following a detailed investigation that found the transaction is not likely to substantially (...)

The US DoJ requires substantial divestitures in the merger between a grain company and a Japanese association of agricultural cooperatives to protect American farmers (Zen-Noh / Bunge)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Justice Department Requires Substantial Divestitures in Zen-Noh Acquisition of Grain Elevators from Bunge to Protect American Farmers* Zen-Noh Must Divest Nine Grain Elevators so that Farmers Along the Mississippi River and Its Tributaries Continue to Have the Same Number of Options to Sell (...)

The South African Competition Authority prohibits a merger in the fast-food market purely on public interest grounds (Burger King)
Linklaters (London)
Royaume-Uni 7 contributions 4119 visites
Precedent-Setting Decision: Burger King Acquisition Prohibited Purely on Public Interest Grounds* The South African Competition Commission (SACC) made headlines with its first prohibition of an intermediate merger that was based solely on public-interest grounds. Emerging Capital Partners (...)

The German Competition Authority clears a merger between two national agricultural product suppliers subject to conditions (RaiWa Kassel / RWZ Cologne)
German Competition Authority (Bonn)
Allemagne 457 contributions 116593 visites
Agricultural trade: RaiWa Kassel can acquire 19 locations of RWZ Cologne – Bundeskartellamt allows merger only after changes to merger plans* The Bundeskartellamt has today cleared the acquisition of 19 locations of the agricultural cooperative Raiffeisen Waren-Zentrale Rhein-Main eG (RWZ), (...)

The French Competition Authority clears a merger between two national slaughterhouses subject to conditions (Ronsard / LDC)
Autorité de la concurrence (Paris)
France 747 contributions 409238 visites
The Autorité de la concurrence clears, subject to conditions, the acquisition of the Ronsard Group by the LDC Group* A number of slaughterhouses will have to be divested to maintain sufficient competition for poultry farmers. On 8 January 2021, the LDC Group notified the Autorité of its (...)

The Norwegian Competition Authority decides to repeal its decision to impose a fine on a grocery wholesaler for an infringement of disclosure requirements regarding the acquisition of a competitor (Norgesgruppen / Sædalssvingene 3 Eiendom)
Norwegian Competition Authority (Bergen)
Norway 34 contributions 3878 visits
The Authority repeals decision against Norgesgruppen* The Norwegian Competition Authority has decided to repeal its decision to impose a fine of 20 million NOK on Norgesgruppen for an infringement of disclosure requirements related to an acquisition by Norgesgruppen of the company (...)

The Dutch Competition Authority investigates the acquisition of 3 product transport companies by a national cooperative of floriculture growers (Royal FloraHolland / Floriway)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36684 visits
Further investigation needed into acquisition of three floriculture-product transport companies by Dutch cooperative Royal FloraHolland* Royal FloraHolland (RFH), a Dutch cooperative of floriculture growers, wishes to acquire three transport companies specialized in the handling of flowers (...)

The EU Commission clears an acquisition, subject to conditions, of a Belgian agricultural products company by a Japanese trading house (Mitchui / Bechim)
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
Mergers: Commission clears acquisition of Belchim by Mitsui, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Belchim by Mitsui. The approval is conditional on full compliance with a commitments package offered by (...)

The German Competition Authority examines the acquisition of a company in the food retail sector (Edeka / Real stores)
German Competition Authority (Bonn)
Allemagne 457 contributions 116593 visites
Bundeskartellamt has concerns about Edeka’s acquisition of Real stores – negotiations on commitments* The Bundeskartellamt is currently examining plans by the Edeka group to acquire up to 72 Real stores from SCP Retail S.àr.l. Based on its preliminary assessment, the authority has (...)

The German Competition Authority expresses concerns over the merger between two food retailers (Edeka / Real stores)
German Competition Authority (Bonn)
Allemagne 457 contributions 116593 visites
Bundeskartellamt has concerns about Edeka’s acquisition of Real stores – negotiations on commitments* The Bundeskartellamt is currently examining plans by the Edeka group to acquire up to 72 Real stores from SCP Retail S.àr.l. Based on its preliminary assessment, the authority has (...)

The Spanish Competition Authority authorises global concession catering brand’s acquisition of a multinational catering company subject to conditions (Areas / Autogrill)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31594 visits
The CNMC authorises Areas’s acquisition of Autogrill subject to conditions* Areas agrees to release a total of five establishments by the end of 2021, through the early termination of the contracts on some premises or by not submitting an offer for those premises that are about to expire. It (...)

State Aid

 The EU Commission approves a Slovak scheme worth €10M to support food producers in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €10 million Slovak scheme to support food producers in context of Russia’s war against Ukraine* The European Commission has approved a €10 million Slovak scheme to support agricultural product processors and the food production sector in the context of Russia’s (...)

The EU Commission approves a Bulgarian scheme worth €218M to support agricultural producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €218 million Bulgarian scheme to support agricultural producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €218 million (BGN 426 million) Bulgarian scheme to support certain agricultural producers in the context of (...)

The EU Commission approves an Austrian scheme worth €110M to support agricultural producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €110 million Austrian scheme to support agricultural producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €110 million Austrian scheme to support primary agricultural producers in the context of Russia’s invasion of (...)

The EU Commission approves a Czech scheme worth €20.2M to support agricultural producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €20.2 million Czech scheme to support agricultural producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €20.2 million (CZK 500 million) Czech scheme to support primary agricultural producers in the context of Russia’s (...)

The EU Commission approves an Italian scheme worth €1.2B under the Recovery and Resilience Facility to support investments in photovoltaic panels in the agricultural sector
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €1.2 billion Italian scheme under Recovery and Resilience Facility to support investments in photovoltaic panels in agricultural sector* The European Commission has approved, under EU State aid rules, a €1.2 billion Italian scheme made available through the (...)

The EU Commission approves a Swedish scheme worth €154M to support livestock and greenhouse producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €154 million Swedish scheme to support livestock and greenhouse producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €154 million (SEK 1,635 million) Swedish scheme to support the livestock sector and the greenhouse (...)

The EU Commission approves €1 million Croatian scheme to support maize seed producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €1 million Croatian scheme to support maize seed producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €1 million (HRK 7.5 million) Croatian scheme to support maize seed producers in the context of Russia’s invasion of (...)

The EU Commission approves €500 million Romanian scheme under Recovery and Resilience Facility to support the establishment of new forest areas
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €500 million Romanian scheme under Recovery and Resilience Facility to support the establishment of new forest areas* The European Commission has approved, under EU State aid rules, a €500 million Romanian scheme made available through the Recovery and (...)

The EU Commission approves €3.9 million Estonian scheme to support agricultural producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €3.9 million Estonian scheme to support agricultural producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €3.9 million Estonian scheme to support the beef, poultry and horticulture sectors in the context of Russia’s (...)

The EU Commission approves a Greek scheme worth €50M to support the livestock industry in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €50 million Greek scheme to support the livestock sector in context of Russia’s invasion of Ukraine* The European Commission has approved a €50 million Greek scheme to support the livestock sector in the context of Russia’s invasion of Ukraine. The scheme was (...)

The EU Commission green-lights a Finnish State aid scheme worth €16M to support farmers in the context of the Russian invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €16 million Finnish scheme to support farmers in context of Russia’s invasion of Ukraine* The European Commission has approved a €16 million Finnish scheme to support the agricultural sector in the context of Russia’s invasion of Ukraine. The scheme was (...)

The EU Commission approves a €30M Maltese State aid scheme to increase production and imports of wholesale grains in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves a €30 million Maltese scheme to support the importation, manufacturing and wholesale of grains in context of Russia’s invasion of Ukraine* The European Commission has approved a €30 million Maltese scheme to support companies active in the importation, (...)

The EU Commission approves €169 million Spanish scheme to support milk producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €169 million Spanish scheme to support milk producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €169 million Spanish scheme to support the milk producers sector in the context of Russia’s invasion of Ukraine. The scheme (...)

The EU Commission approves a €836 million Polish scheme to support the agricultural sector in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €836 million Polish scheme to support agricultural sector in context of Russia’s invasion of Ukraine* The European Commission has approved a €836 million (PLN 3.9 billion) Polish scheme to support the agricultural sector in the context of Russia’s invasion of (...)

The England & Wales High Court rules that an exemption on a sugar import tariff does not constitute state aid (British Sugar)
Van Bael & Bellis (Brussels)
Belgique 155 contributions 34997 visites
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 2091 visits
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Van Bael & Bellis (Brussels)
Belgium 1 contribution 209 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 EFTA Surveillance Authority approves an aid scheme for Icelandic businesses that have suffered losses due to restrictions in opening hours in the context of the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28768 visits
COVID-19 pandemic: ESA approves aid scheme for Icelandic businesses that have suffered losses due to restrictions in opening hours* The EFTA Surveillance Authority (ESA) has today approved an Icelandic scheme offering direct grants to companies in the restaurant sector for income losses due (...)

The EU Court of Justice rules that compensatory payments may be categorised as State aid and must comply with relevant de minimis regulations (Satini-S / Dabas aizsardzības pārvalde)
Maastricht University (Maastricht)
Belgique 357 contributions 66840 visites
Compensation for Damage and De Minimis Aid* Compensation for damage caused by protected animals is State aid. Member States may categorise compensatory payments as de minimis aid and refuse to make payments in excess of the de minimis threshold. Introduction Advantage in the meaning of (...)

The EFTA Surveillance Authority approves an Icelandic tax-deferral scheme for the restaurant sector in the context of the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28768 visits
COVID-19 pandemic: ESA approves Icelandic tax-deferral scheme for the restaurant sector* The EFTA Surveillance Authority (ESA) has today approved an Icelandic tax-referral scheme that allows eligible businesses in the restaurant sector to defer payroll tax payments and social security (...)

The EU Court of Justice finds that the General Court erred in law when finding the Commission incompetent to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in the implementation of an arbitral award (Micula)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 110118 visits
The General Court erred in law in finding that the Commission lacked competence to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in implementation of an arbitral award* While that award had upheld the argument of those investors that (...)

The EU Commission invites comments on a proposed revision of EU State aid rules for the agriculture, forestry and fishery sectors
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission invites comments on proposed revision of EU State aid rules for agriculture, forestry and fishery sectors* The European Commission is inviting all interested parties to comment on proposed revised State aid rules for the agricultural, forestry and fishery sectors. The (...)

The EU Commission approves a €700M French scheme to support certain companies particularly affected by the COVID-19 pandemic and the restrictive measures put in place by the government to limit the spread of the virus
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves EUR 700 million French scheme to compensate for damage suffered by certain companies due to the coronavirus pandemic.* The European Commission has approved, under the EU State aid rules, a EUR 700 million French scheme to support certain companies particularly (...)

Concept of State aid: The EU General Court rules that an exemption from a fine does not amount to State aid when the relevant legislation defines the circumstances for the exemption according to transparent and pre-determined criteria (Dansk Erhverv)
Maastricht University (Maastricht)
Belgique 357 contributions 66840 visites
When Do Legal Exemptions Constitute State Aid?* Introduction An exemption from legal requirements that confers a selective advantage does not necessarily amount to State aid. In most cases, when beneficiaries are found not to receive State aid it is simply because the exemption does not (...)

The EU Court of Justice examines whether a national measure providing for the payment of compensation to farmers for the slaughter of diseased animals constitutes new or existing aid (Azienda Sanitaria Provinciale di Catania / Assessorato della Salute della Regione Siciliana)
Maastricht University (Maastricht)
Belgique 357 contributions 66840 visites
Introduction Any change to an approved aid measure that affects its compatibility with the internal market turns it into a new aid that has to be re-notified to the European Commission for authorization. If it is not re-notified it becomes illegal aid and possibly incompatible aid, unless it (...)

The EU Commission approves a €22.5 billion Polish scheme to support offshore wind farms
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €22.5 billion Polish scheme to support offshore wind farms* The European Commission has approved, under EU State aid rules, a Polish scheme to support offshore wind technology. The measure will help Poland reach its renewable energy targets without unduly (...)

The EU Court of Justice finds that Greece had not informed the Commission promptly and sufficiently of a State aid measure and did not fulfill its obligations to implement the recovery (Greece / Commission)
Maastricht University (Maastricht)
Belgique 357 contributions 66840 visites
The article reviews Case C-11/20 The Impossibility of Proving the Absolute Impossibility to Recover Incompatible State Aid* Introduction It is rather impossible for Member States to prove that it is absolutely impossible to recover State aid that has been found by the Commission, and (...)

The EU Court of Justice upholds the Commission’s action for failure to fulfill obligations against Greece for granting illegal aid to farmers
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 110118 visits
Greece has failed to fulfil its obligations by failing to recover unlawful aid paid to Greek farmers as compensation for adverse weather conditions* In 2009, the Greek Agricultural Insurance Organisation (ELGA) – a public body the purpose of which is to insure agricultural holdings against (...)

The EU Commission publishes results of its evaluation of the EU State aid rules for agriculture, forestry, and rural areas
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission publishes results of evaluation of EU State aid rules for agriculture, forestry and rural areas* The European Commission has published a Commission Staff Working Document summarising the results of an evaluation of the State aid rules for the agriculture and forestry (...)

The EU Commission approves a €500 million Greek scheme to support food service companies affected by the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €500 million Greek scheme to support food service companies affected by coronavirus outbreak The European Commission has approved, under EU State aid rules, a €500 million Greek support scheme to support food service companies affected by the coronavirus (...)

The EU Commission approves €1.74 billion Danish scheme to support mink farmers and related businesses in the context of the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves €1.74 billion Danish scheme to support mink farmers and related businesses in context of coronavirus outbreak* The European Commission has approved under EU State aid rules, an approximately €1.74 billion (DKK 13 billion) Danish scheme to compensate mink (...)

The EU Commission decides that incompatible aid was granted by the Estonian Ministry of Rural Affairs to a private company that produces milk, meat, and cereals (Tartu Agro)
Maastricht University (Maastricht)
Belgique 357 contributions 66840 visites
Lease Contracts and Competitive Selection* Introduction After receiving a complaint, the Commission opened a formal investigation into alleged State aid granted by the Estonian Ministry of Rural Affairs to AS Tartu Agro, a private limited company, which produced milk, meat and cereals. (...)

The EU Commission approves investment aid for Czech orchards and irrigations and opens investigations into national measures in favour of large agricultural companies
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2930177 visites
State aid: Commission approves investment aid for Czech orchards and irrigations; opens in-depth investigations into Czech measures in favour of large agricultural companies* The European Commission has approved two Czech investment aid support schemes for the restructuring of orchards and (...)

Procedures

 The US Court of Appeals for the Ninth Circuit, sitting en banc, declares that a class can be certified without considering whether there are more than a de minimis number of uninjured class members (Olean Wholesale Grocery / Bumble Bee Foods)
Hausfeld (San Francisco)
United States 3 contributions 334 visits
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Baker McKenzie (Washington)
United States 3 contributions 329 visits
Rule 23(b)(3) of the Federal Rules of Civil Procedure has been the basic mechanism for antitrust classes to obtain monetary damages. This is because antitrust violations usually meet the requirement of issues predominantly common to all class members. For more than a decade now, however, (...)

The Australian Federal Court orders an ice cream manufacturer and distributor to pay $12M in penalties for its anti-competitive conduct in relation to the distribution of ice creams sold in petrol stations and convenience stores (Peters Ice Cream)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
Peters Ice Cream to pay $12 million penalty for anti-competitive exclusive dealing* The Federal Court has ordered that Australasian Food Group, trading as Peters Ice Cream, pay a $12 million penalty for anti-competitive conduct in relation to the distribution of ice creams sold in petrol (...)

The US DoJ files a civil antitrust lawsuit against a restaurant chain owner and investment fund operator for violating the pre-transaction notification and waiting-period requirements of the Hart-Scott-Rodino Act (Biglari)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Biglari Holdings Inc. to Pay Civil Penalty for Repeat Violation of Antitrust Pre-Transaction Notification Requirements* The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in the U.S. District Court for the (...)

The EU Court of Justice AG Bobek proposes a unified test for the protection against double jeopardy under the EU Charter of Fundamental Rights (bpost / Nordzuck)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 110118 visits
Advocate General Bobek proposes a unified test for the protection against double jeopardy (ne bis in idem) under the EU Charter of Fundamental Rights* That test should rely on a threefold identity: of the offender; of the relevant facts; and of the protected legal interest A Belgian and an (...)

The EU Court of Justice AG Szpunar considers that the General Court erred in law in concluding that the Commission was not competent to examine, in light of the law on State aid, compensation paid by Romania following an arbitral award (Micula)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 110118 visits
According to Advocate General Szpunar, the General Court erred in law in concluding that the Commission was not competent to examine, in the light of the law on State aid, compensation paid by Romania following an arbitral award* Arbitration proceedings initiated on the basis of a bilateral (...)

The US Court of Appeals for the Ninth Circuit clarifies class certification standards in an antitrust appeal (Olean Wholesale Grocery / Bumble Bee Foods)
Jones Day (San Francisco)
United States 4 contributions 2621 visits
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Jones Day (San Francisco)
United States 1 contribution 706 visits
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Jones Day (Irvine)
United States 1 contribution 706 visits
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The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members were injured. On April 6, 2021, in Olean Wholesale Grocery Coop. v. (...)

The French Supreme Court confirms that a companies seeking to obtain a fine reduction in cartel cases must show evidence of active rejection of the cartel (Goodmills Deutschland / Grands moulins de Paris)
Herbert Smith Freehills (Paris)
France 63 contributions 13549 visits
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Baudelin Avocat (Paris)
France 27 contributions 9756 visits
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Mayer Brown (London)
United Kingdom 44 contributions 18190 visits
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Facts and FCA decision On 13 March 2012, the French Competition Authority ("FCA") sanctioned a flour cartel between French and German millers. One of the anti-competitive practices consisted in a non-aggression pact limiting flour imports between France and Germany, leading to market sharing (...)

Regulatory

 The UK Competition Authority designates a Big Tech company as a grocery retailer to protect suppliers (Amazon)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 407 contributions 101303 visites
CMA designates Amazon as a grocery retailer to protect suppliers* The CMA has announced that industry rules setting out how grocery retailers should treat their suppliers will now apply to Amazon. Amazon.com, Inc’s (Amazon) increasing activity in the UK groceries’ sector in recent years (...)

The Hungarian Competition Authority initiates its first proceedings under the new Trade Act aiming to expand consumer choice of beverages in the catering sector (KFC / Burger King / Heineken / Dreher/ Borsodi)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19803 visits
The GVH started the new year with 5 proceedings at a time - increased supervision over the procurement of beverages in the catering sector* 6 January 2022, Budapest – The Hungarian Competition Authority has launched its firsts proceedings to enforce provisions of the Trade Act related to the (...)

The Austrian Competition Authority publishes new rules combating unfair trading practices in the agricultural and food supply chain
Austrian Competition Authority (Vienna)
Austria 64 contributions 7731 visits
New rules combating unfair trading practices in the agricultural and food supply chain: implementation of UTP Directive in Austrian FWBG* The amendment to the Federal Act on Improvement of Local Supply and Competitive Conditions (Fair Competitive Conditions Act, abbreviated FWBG in German) (...)

The Spanish Government transposes into national law and increases the scope of the EU Directive 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31743 visits
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Herbert Smith Freehills (Madrid)
Spain 12 contributions 2180 visits
The amendment of Law 12/2013, of 2 August, on measures to improve the functioning of the food chain (Law 12/2013) was approved by Spanish Congress on 2 December and entered into effect on 16 December 2021. The primary purpose of the amendment is to transpose into Spanish law Directive (EU) (...)

The Dutch Competition Authority publishes a press release providing information following the passing of a new law that protects food producers from unfair commercial practices by big buyers
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36684 visits
Food suppliers can file reports about unfair commercial practices with ACM* The positions of farmers, growers, and fishermen vis-à-vis major buyers have been strengthened. That is the result of the new Dutch Act regarding unfair commercial practices in the agricultural and food supply chain. (...)

The US President Joe Biden issues an executive order which articulates the administration’s broad antitrust policy and instructs antitrust agencies to increase enforcement to prevent a rise in consumer prices and competitive harm in labor markets
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 17 contributions 2995 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 22 contributions 6846 visits
Takeaways Under the Biden administration’s “whole-of-government” approach to promoting competition, a range of agencies outside the DOJ and FTC have been asked to use their authority to reform markets. Wide-ranging procedural changes at the FTC have expanded its review powers and complicated (...)

The US President Joe Biden publishes an executive order containing 72 initiatives to address competition concerns in several industries, including pharmaceuticals, biotech, and healthcare
White & Case (New York)
United States 6 contributions 1895 visits
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White & Case (New York)
United States 7 contributions 2692 visits
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White & Case (Washington)
United States 13 contributions 3925 visits
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Citing concerns about growing consolidation, reduced competition, and increasing prices, President Biden issued on July 9, 2021 a sweeping Executive Order containing 72 initiatives to address competition concerns in a number of industries, including pharmaceuticals, biotech, and healthcare. (...)

The US President Joe Biden signs an executive order aimed at promoting competition in the American economy using antitrust laws
Cleary Gottlieb Steen & Hamilton (Washington)
United States 5 contributions 2492 visits
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Shearman & Sterling (Washington)
United States 18 contributions 5189 visits
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Shearman & Sterling (Washington)
United States 23 contributions 13032 visits
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What This Means for Merger Enforcement, Technology Platforms, Healthcare, Banking and Consumer Finance and Labor Markets On Friday, July 9, 2021, President Biden signed a sweeping Executive Order (and provided an accompanying FACT Sheet) with the stated goal of using existing antitrust laws (...)

The US President Joe Biden issues sweeping executive order targeting corporate consolidation and anticompetitive activity in the labor, financial services, healthcare, transportation, telecommunications, agricultural, and tech markets
Hogan Lovells (Washington)
United States 1 contribution 747 visits
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Hogan Lovells (Washington)
United States 1 contribution 747 visits
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Hogan Lovells (Washington)
United States 1 contribution 747 visits
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On 9 July 2021 President Biden signed a far-reaching executive order intended to promote competition in the American economy. The order targets perceived corporate consolidation and anticompetitive activity in the labor, financial services, health care, transportation, telecommunications, (...)

The US President Joe Biden signs an executive order instructing more than a dozen federal agencies to promptly tackle some of the most pressing competition problems across the national economy
White & Case (Washington)
United States 50 contributions 28388 visits
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White & Case (Washington)
United States 34 contributions 19713 visits
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White & Case (New York)
United States 12 contributions 6053 visits
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A new Executive Order signed by President Biden includes 72 initiatives instructing more than a dozen federal agencies, including the US Department of Justice and the Federal Trade Commission, to, according to the White House’s Fact Sheet, "promptly tackle some of the most pressing competition (...)

The US President Joe Biden issues an executive order on promoting competition in the American economy calling on the DoJ and FTC to enforce the antitrust laws vigorously
Bona Law (San Diego)
United States 14 contributions 6374 visits
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Bona Law (Detroit)
United States 24 contributions 5694 visits
Antitrust Political Developments: Biden Administration Issues Executive Order on Competition and Congress Proposes Six New Antitrust Bills* This month President Biden issued the Executive Order on Promoting Competition in the American Economy (the “Order”). The Order aims to reduce the trend (...)

The US President Joe Biden signs an executive order seeking to increase competition in industries including Big Tech, healthcare and agriculture with 72 specific initiatives
Linklaters (New York)
United States 4 contributions 11996 visits
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Linklaters (New York)
United States 3 contributions 581 visits
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Cravath Swaine & Moore (New York)
United States 1 contribution 84 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On July 9, 2021 the White House released President Biden’s “Executive Order on Promoting Competition in the American Economy”. The Order’s purview stretches (...)

The US President Joe Biden signs an executive order on promoting competition in the American economy
Jones Day (Chicago)
United States 1 contribution 572 visits
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Jones Day (Washington)
United States 2 contributions 863 visits
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Jones Day (Washington)
United States 20 contributions 4112 visits
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In Short The Situation: President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation and increase competition across the U.S. (...)

The US President Joe Biden issues an executive order to promote competition in the American economy that includes 72 initiatives targeting the labor, healthcare, agriculture, transportation, internet service, technology, banking, and consumer finance sectors
Covington & Burling (Washington)
United States 20 contributions 12233 visits
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Covington & Burling (Washington)
United States 8 contributions 2593 visits
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Covington & Burling (Washington)
United States 10 contributions 4992 visits
President Biden today signed an expansive Executive Order to promote competition that includes 72 initiatives targeting the labor, healthcare, agriculture, transportation, internet service, technology, and banking and consumer finance sectors. In the Order, President Biden calls on the (...)

The Belgian Government approves a draft bill that will implement the Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain
Van Bael & Bellis (Brussels)
Belgium 43 contributions 12060 visits
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Van Bael & Bellis (Brussels)
Belgium 163 contributions 56375 visits
On Friday 4 June 2021, the Federal Council of Ministers (Ministerraad / Conseil des Ministres) approved a draft bill that will implement Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. The bill is now being (...)

The German Government passes a revised regulation on foreign investment control
Hogan Lovells (Brussels)
Belgium 21 contributions 8937 visits
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Hogan Lovells (Brussels)
Belgium 9 contributions 2026 visits
Regulators are becoming increasingly active in imposing measures on deals or prohibiting them altogether under FDI rules – with prohibitions happening in the EU’s largest economies Germany, France, and Italy in the past months. Against this backdrop, Germany is moving forward on its plans for (...)

The German Government introduces a draft bill on foreign direct investment
Hogan Lovells (Brussels)
Belgium 21 contributions 8937 visits
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Hogan Lovells (Brussels)
Belgium 9 contributions 2026 visits
Foreign investment control has become a key factor in M&A deals and 2020 was a particularly eventful year. A large number of countries have recently introduced foreign investment control regimes (or tightened their existing rules) and made use of them with, for example, prohibitions (...)