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Analysis of local markets

Anticompetitive practices

The German Competition Authority fines two publishers for concluding illegal territorial agreements (DuMont / Bonner General-Anzeiger)
German Competition Authority (Bonn)
DuMont media group fined for concluding territorial agreements with the Bonner General-Anzeiger media group* The Bundeskartellamt has imposed fines amounting to a total of 16 million euros on DuMont Mediengruppe GmbH & Co. KG, an individual responsible and a lawyer. The company is accused (...)

The French Competition Authority rejects a complaint filed by a museum accusing competitors of cartel (Musée de Montmartre)
French Competition Authority (Paris)
The Autorité de la concurrence rejects the referral filed by the Musée de Montmartre against the InterMusées association.* The association Inter-Musées is a collective of several museums in the Ile-de-France region. It markets the « Paris Museum Pass » which gives access to these museums upon (...)

The Moldovan Competition Authority prosecutes currency exchange bureaux for fixing the exchange rates (Activ Prim / Bartolomeu / Dragotin Prim / Lavronix / Lozcoz…)
Faculty of Law - University of Macau
On 28 September 2017 the Competition Council (CC) established the existence of the price fixing cartel on the market for in-cash currency exchange transactions on the basis of the high degree of coincidence of exchange rates applied by the undertakings concerned. Foreign exchange transactions (...)

The Polish Competition Authority fines three brothers for bid rigging (Jan / Leon / Sławomir Rybak)
WKB Wierciński Kwieciński Baehr (Warsaw)
By way of its decision of 19 August 2016, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) imposed a fine of over PLN 40,000 (approx. EUR 10,000) on three timber companies engaged in bid rigging, influencing the outcome of tender for logging and timber (...)

The Italian Competition Authority fines two trade associations and several local cooperative banks for fixing mortgage interest rates (Mortgage interest rates agreement)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently closed an antitrust investigation in the ‘Mortgage interest rates agreement’ case by finding guilty two cooperative trade associations and 14 small cooperative banks for carrying out two price-fixing agreements in the province of Bolzano (the (...)

The Chinese State Administration for Industry & Commerce fines insurance companies for market sharing (Insurance companies case)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Recently, the SAIC published the decisions of its local offices in Hubei and Jiangxi relating to market sharing agreements by insurance companies. Both decisions involved coinsurance arrangements relating to accidental injury insurance for the construction industry. Hubei The Hubei (...)

The Italian Competition Authority opens an investigation into the tender procedures for oxygen-therapy and ventilo-therapy services at home (Gare ossigenoterapia e ventilopterapia)
Bonelli Erede (Rome)
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Bonelli Erede (Rome)
With a decision of 7 October 2015, following the complaints lodged by one of the local health units in the city of Milan (“ASL Milan”) and the purchasing consortium of the Campania Region (“Soresa”), the Italian Competition Authority (“ICA”) opened an investigation into 14 companies (“Parties”) (...)

The Yunnan Development and Reform Commission investigates abuse of administrative power and cartel conduct (Yunnan Provincial Communications Authority)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Yunnan DRC investigates abuse of administrative power and cartel in the telecommunications industry in Yunnan* On 2 June 2015, the NDRC announced that its local office in Yunnan Province, the Yunnan Development and Reform Commission (Yunnan DRC), found that the Yunnan Province Communications (...)

The Hunan Administration for Industry and Commerce fines a cartel for monopolising the market (Mayang Miao Autonomous County shale brick operators)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Hunan AIC investigates shale brick cartel in Mayang* On 1 June 2015, the SAIC published the decisions made by the Hunan Administration for Industry and Commerce (Hunan AIC) in December 2014 and January 2015 relating to its investigation into a shale brick cartel in the Mayang Miao Autonomous (...)

The UK Competition and Markets Authority fines an association of estate and lettings agents, three of its members and a newspaper publisher for implementing an anticompetitive agreement following a settlement proceedings (Castles / Hamptons International / Waterfords)
British Competition Authority - CMA (London)
Companies fined over £775,000 in CMA investigation into advertising of agents’ fees* An association of estate and lettings agents in Hampshire, three of its members and a newspaper publisher have admitted breaching competition law and have agreed to pay penalties totalling over £775,000. The (...)

A Norwegian Court of Appeals upholds that a joint bid submitted under a public tender constituted an anti-competitive agreement by object (Ski Taxi, Follo Taxisentral, Ski Follo Taxidrift)
Wikborg Rein (Oslo)
Joint bid labelled ‘by object’ infringement* Appeals court upheld decision against local taxi cooperatives’ bidding consortium In a judgment of 17 March 2015, Borgarting appeals court in Oslo upheld the Norwegian Competition Authority’s decision against two local taxi cooperatives and a jointly (...)

The Italian Competition Authority fines several undertakings for their participation to a cartel in the market of depuration of muds from sewage waters (Gare Gestioni Fanghi)
Desogus Law Office (Cagliari)
Introduction By a decision made on 3 February 2015 in the case I765, Gare Gestioni Fanghi, the Italian Competition Authority (ICA) has found Alan, Azienda Agricola Allievi, CRE, Ecotrass and Evergreen Italia to have infringed Article 2 of the Italian Competition Act n. 287/90, corresponding to (...)

The Romanian Competition Council imposes fines on eight undertakings active on the taxi market for a tacit agreement aiming to fix the price for transportation (Pelicanul and Meridian)
Romanian Competition Council (Bucharest)
Fines on taxi market in Bucharest and Ilfov* The Competition Council has sanctioned with fines totaling 2,264,875 lei (505,021 Euro) 8 enterprises active on the taxi transportation market in Bucharest and Ilfov region for participation in a tacit agreement/ concerted practice to fix the tariff (...)

The Greek Competition Authority unanimously fines a professional association of Crete for price-fixing (Association of Dental Technicians)
Ernst & Young (Athens)
I. Introduction On September 24, 2014 the Hellenic Competition Commission (hereinafter: HCC) unanimously decided that the Association of Dental Technicians of Crete (hereinafter: the Association) was guilty of price fixing and had thus violated Art. 1 L. 703/1977 and L. 3959/2011 (the national (...)

The Italian Competition Authority closes by a commitment decision an Article 101 TFEU investigation against a purchase supercentre set up by many supermarket chains (Centrale italiana)
Desogus Law Office (Cagliari)
In the Case I768 Purchase Supercentre1 the Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation against Centrale Italiana (CI), a purchase supercentre set up by many supermarket chains. The ICA believed that the CI activities might restrain (...)

The Moscow Arbitration Court confirms the bid-rigging decision pronounced by the Russian Competition Authority concerning an auction for the right to repair street sport-practice grounds (Delta Stroi)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court confirmed a bid-rigging cartel at an auction for the right to repair street sport-practice grounds in the north of Moscow* On 19 February 2015, Moscow Arbitration Court agreed with the arguments put forward by the Federal Antimonopoly Service (FAS Russia) and upheld the (...)

The Polish competition authority strikes down bid-rigging practices in the agricultural sector (APA)
WKB Wierciński Kwieciński Baehr (Warsaw)
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Freshfields Bruckhaus Deringer (Brussels)
In its decision of 31 December 2013 , the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the "UOKiK") reviewed a bid-rigging case involving three farmers who participated in a tender organised by the Agricultural Property Agency ("APA") to sell undeveloped agricultural (...)

The Italian Competition Authority opens an investigation for collusive tendering against 23 Italian companies providing tv broadcasting post-production services (RAI)
NCTM - Studio Legale Associato (Milan)
On 10 December 2013, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, the “Authority”) opened an investigation against 23 Italian companies for an alleged collusive tendering within 20 calls for tenders convened by RAI – Radiotelevisione Italiana S.p.A. (the (...)

The Italian Competition Authority opens an Article 101 TFEU investigation against a purchase supercenter of several large supermarket chains (Centrale Italiana)
Desogus Law Office (Cagliari)
Introduction By a decision made on 4th December 2013 in the Centrale di Acquisto per la grande distribuzione autorizzata (Purchase Supercenter) case the Italian Competition Authority (ICA) has opened an Article 101 TFEU enquiry into the agreement concluded by several supermarket chains for the (...)

The Hellenic Competition Commission issues infringement decisions with fines against professional associations of foreign language school owners for price-fixing and other restrictions in the exercise of professional activities of their members (Panhellenic Federation of Language School Owners)
European Commission
Greece: The Hellenic Competition Commission issues Commitments Decision on Foreign Language School Owners’ Association* On 25 October 2013 the Hellenic Competition Commission (HCC) published its decision No 554/VII/2012 regarding anticompetitive practices of seven professional associations of (...)

The Italian Competition Authority fines five local bar association councils for hindering access to the legal services market in Italy by lawyers qualified in other Member States (Bar Association Councils of Civitavecchia, Latina, Tempio Pausania, Tivoli and Velletri)
LUISS Guido Carli University (Rome)
On April 23, 2013, the Italian Competition Authority (“ICA” or “Authority) imposed symbolic fines, amounting € 1.000, against five Italian local Bar Association Councils (namely, the Bar Association Councils of Civitavecchia, Latina, Tempio Pausania, Tivoli and Velletri), which were found to have (...)

The Competition Authority of Bosnia & Herzegovina prosecutes healthcare administration for limiting competition in the regional market for medicines reimbursed under state health insurance system (Health Insurance Office of the Republic of Srpska)
Faculty of Law - University of Macau
On 18 April 2013 the Competition Authority of Bosnia & Herzegovina (KV) established that the Health Insurance Office of the Republic of Srpska (the Office) by adopting mandatory minimum wage requirements applied to the pharmacies participating in the reimbursement of medicines supplied to (...)

The Paris Court of Appeal upholds the French Competition Authority in the jet fuel sector in the Reunion’s island (Shell / Chevron / Total / Esso / Air France)
Kramer Levin Naftalis & Frankel (Paris)
1. The facts In January 2003, Air France lodged a complaint before the French Competition Authority (FCA) regarding an alleged cartel between the four oil companies established in the La Reunion Island Airport during the 2002 Air France’s tender. First inquiries were made in La Reunion and near (...)

The Italian Administrative Court of First Instance annuls the NCA’s decision fining 15 shipping agents’ firms and two trade associations for a cartel at the port of Genoa (Servizi di Agenzia Marittima)
Covington & Burling (Brussels)
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Robur Siena
With the judgment published on 15 January 2013, the Italian administrative court of first instance with jurisdiction on antitrust cases (TAR Lazio) annulled the Italian Competition Authority’s (ICA) decision fining 15 firms and two trade associations for taking part in a cartel whose aim was to (...)

The Chinese Competition Authorities impose fines on insurance association and member companies for price monopoly (Loudi Insurance Association, Renbao, Ping’an, Tian’an, Taipingyang, Zhonghua Lianhe, Dubang)
China University of Political Science and Law (Beijing)
I. Introduction On December 28, 2012, the Price Bureau of Hunan Province in China announced its decision to levy a fine totaling ¥2.19 million on an insurance association and six of its members for anti-competitive practices in the local auto insurance market. With no appeal made for (...)

The Croatian Competition Agency imposes the highest ever fine for a cartel in a case involving bus operators (Presečki grupa)
University of Zagreb - Faculty of Economics and Business
The Croatian Competition Agency adopted on 27 December 2012 a decision finding that four bus operators established a cartel between themselves. The fine that was pronounced by the Agency is the first significant fine since the Agency got the power to directly fine undertakings under the (...)

The Dutch Competition Authority fines taxi companies for bid rigging arrangements (Taxivervoer Rijnmond)
Smeets Van Empel advocaten (Amsterdam)
Introduction Following its investigations in 2009, the Dutch Authority for Consumers and Markets (hereinafter “ACM”) issued fines to several Dutch taxi companies for infringements of the Dutch cartel prohibition. According to the ACM the Rotterdamse Mobiliteit Centrale B.V. (hereinafter “RMC”) (...)

The Guangdong Price Bureau of National Development and Reform Commission investigates and sanctions a cartel in the local sea sand mining sector (Baohai, Jianghai, Donghai)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
The Guangdong Price Bureau, a local authority of the Price Supervision and Anti-Monopoly Bureau of NDRC, has recently investigated and sanctioned a cartel in the local sea sand mining sector pursuant to the AML. According to the NDRC’s news release, the price of land reclamation sand used in (...)

The Italian Administrative Supreme Court reinstates a decision issued by the NCA concerning a market sharing agreement in water management sector, that had been previously annulled by the First Instance Administrative Court (Acea / Suez Environment)
Legance - Studio Legale Associato (Rome)
By judgement n. 5067 of 24 September 2012, the Italian Supreme Administrative Court (Consiglio di Stato) upheld an appeal by the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “ICA”) and reinstated the ICA decision no. 17623 of 22 November 2007 (...)

The Croatian Competition Authority imposes symbolic fines on 17 bakeries in Osijek for fixing prices agreement under the leadership of the local professional association (Osijek-Baranja Bakeries)
Turkish Competition Authority (Ankara)
Minor Issues-I* I believe that one of the significant issues of Turkish Competition Law is that it does not have a provision which instructs a way to deal with the relatively insignificant restrictions (depending on the size of the undertakings or the market). Pursuant to the Act, any (...)

The Competition Authority of Bosnia & Herzegovina prosecutes local administration for restricting competition on the cable TV market (CATV SAT, Municipality of Bosanski Brod)
Faculty of Law - University of Macau
On 7 August 2012 the Competition Authority of Bosnia & Herzegovina (KV) prosecuted a local administration and a provider of cable TV services for the implementation of an anti-competitive agreement that inhibited the local administration from granting construction permits to the potential (...)

The Henan Administration for Industry and Commerce investigates and penalises second-hand car cartel
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
On 2 August 2012, the Henan Administration for Industry and Commerce (Henan AIC), a local bureau of the SAIC, disclosed that it had investigated and penalised a cartel in the second-hand car market in Anyang city. After receiving frequent customer complaints, the Anyang Administration for (...)

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

The Hellenic Competition Commission finds a pharmacists association guilty of concerted agreements and grants interim measures (Pharmacists Association of Achaia)
European Commission - DG CNECT (Brussels)
Introduction On June 22, 2012 the Hellenic Competition Commission found the Pharmacists Association of Achaia, whose members are all the owners of pharmacies in Achaia, (hereinafter: PAA), the Pharmacists Union of Achaia and Islands (hereinafter: PUAI), Panagiota Karousos-Akrivi Asprogeraka (...)

The Competition Authority of Bosnia & Herzegovina addresses anti-competitive regulations in the regional market for medicines reimbursed under national health insurance system (Cantonal Government of Zenica-Doboj and the Cantonal Health Insurance Office of Zenica-Doboj)
Faculty of Law - University of Macau
On 28 February 2012 the Competition Authority of Bosnia & Herzegovina (KV) established that the Cantonal Government of Zenica-Doboj (Ze-Do Government) and the Cantonal Health Insurance Office of Zenica-Doboj (Ze-Do Office) by adopting a series of sector-specific regulations have restricted (...)

The Spanish Competition Authority fines five ferry operators for participating in a cartel on the freight and passenger maritime transport in the Balearic Islands (Navieras Baleares)
Hogan Lovells (Madrid)
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Linklaters (Madrid)
On 23 February 2012, the Council of the Spanish Competition Commission (the “Council”, the “SCC”) imposed combined fines of up to €54 million on Balearia Eurolíneas Marítimas, S.A. ("Balearia"), Compañía Transmediterránea, S.A.("Transmediterránea"), Isleña Marítima de Contenedores, S.A. ("Iscomar"), (...)

The French Competition Authority fines several civil engineering companies for having distorted competition in the civil engineering sector in Saint-Pierre-et-Miquelon (GIE Exploitation des carrières)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines several companies in the sector for having distorted competition in the civil engineering sector on the archipelago*. After starting ex officio proceedings, further to (...)

The Austrian Supreme Court hands down second ruling on non-compete clauses in rental contracts for commercial premises (Europark)
Van Bael & Bellis (Brussels)
In a published judgment of 12 December 2011, the Austrian Supreme Court upheld an earlier judgment of the Higher Regional Court of Vienna that had dismissed a claim seeking the annulment of non-compete obligations imposed by the operator of a shopping centre (the Europark) on its tenants (...)

The Italian Competition Authority fines on the basis of art. 2 L.287/90 four local associations for anticompetitive practices in the sector of services for thermic plants (Manutenzione impianti termici Comune di Potenza)
Cleary Gottlieb Steen & Hamilton (Rome)
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Macchi di Cellere Gangemi (Rome)
On September 22nd, 2011 the Italian Competition Authority (hereinafter, ICA) fined four local associations of companies, artisans and cooperatives for concerted practices aimed at fixing the economic conditions for the control and maintenance of thermic plants in the City of Potenza. The (...)

The US District Court for the Eastern District of Michigan explains its denial of motion to dismiss in Most Favored Nation -MFN- clauses decision in the health care industry (Blue Cross Blue Shield of Michigan)
Wolters Kluwer (Riverwoods)
Federal/State Antitrust Suit Against Blue Cross Blue Shield of Michigan Can Proceed* Last week, the federal district court in Detroit denied Blue Cross Blue Shield of Michigan’s motion to dismiss a federal/state antitrust action challenging the health insurer’s use of most favored nation (MFN) (...)

The Competition Authority of Bosnia & Herzegovina addresses anti-competitive regulations on the taxi market of one of the cantons (Ministry of Transport of the Sarajevo Canton and Assembly of the Sarajevo Canton)
Faculty of Law - University of Macau
On 14 June 2011 the Competition Authority of Bosnia & Herzegovina (KV) established that the Assembly of Sarajevo canton and the Ministry of Transport of Sarajevo canton by adopting a series of sector-specific regulations have restricted competition on the market for taxi services on the (...)

The Italian Competition Authority starts an investigation into an alleged price-fixing practice on the Sardinia-Continental Italy maritime routes (Corsica Sardina Ferries)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently opened an Article 101 TFEU investigation into alleged price-fixing practice that a number of ferry operators would be carrying out on the market for Italy and Sardinia maritime links. The facts of the case Consumer associations and public (...)

The Romanian Competition Authority prosecutes five auto repairers for fixing the man/hour rates (Simerv - Selena Impex)
Faculty of Law - University of Macau
On 17 June 2010 the Romanian Competition Authority (CC) found five auto repairers in Slobozia, the capital city of the Ialomita county, liable for infringement of the national equivalent of the Article 101 TFEU for fixing their man-hour rates. In its decision the CC stated that the market for (...)

The Croatian Competition Authority holds illegal minimum price fixing agreement among residential management service providers (Eki Inginjering)
Faculty of Law - University of Macau
In December 2008 the Croatian Competition Authority (AZTN) received a complaint submitted by the consumer protection organization “Istrian Consumer”. The complainant alleged that four providers of residential management services in the city of Pula (Eki Inžinjering d.o.o., Uljanik Upravljanje (...)

The Irish High Court finds that four Dublin local authorities acted in breach of Irish competition law in proposing changes to how the domestic waste sector is regulated (Nurendale Limited - Panda Waste Services)
Venture Legal Services (Dublin)
In a ruling made on 21 December 2009 in the case of Nurendale Limited (trading as Panda Waste Services) v. Dublin City Council, Dun Laoghaire/Rathdown County Council, Fingal County Council and South Dublin County Council, the Irish High Court determined that the four Dublin local authorities (...)

The Bulgarian Competition Authority holds that a network of vertical exclusivity agreements covering 86% of the relevant market has anticompetitive effects (Megalan - Universities)
Kinstellar (Sofia)
The Bulgarian Commission for Protection of Competition (the “CPC”) found that a network of vertical exclusivity agreements regarding construction and exploitation of Internet infrastructure and access to Internet that covered 86% of the relevant market foreclosed new entries and expansion by (...)

The UK’s Office of Fair Trading proposes an in-depth Competition Commission market investigation into the market for local bus services
RBB Economics (London)
On 20 August 2009 the Office of Fair Trading (OFT) proposed to refer the market for local bus services to the Competition Commission (CC) after a five month investigation and invited submissions on its proposal. The market excludes London and Northern Ireland, which were found to have (...)

The Court of Appeal of Brussels upholds the NCA’s ruling holding that the opening days/hours and advertising provisions for pharmacy outlets, as set by the Belgian Pharmacists Association, were contrary to competition law (Ordre des pharmaciens)
Philippe & Partners (Brussels)
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Praetica (Bruxelles)
1. The Parties The parties to the matter were: L’Ordre des pharmaciens (the Belgian Pharmacists Association, “BPA”), a public body established in Brussels; Mrs. E. Servais, pharmacist in Grez-Doiceau; Les Pharmacies Mont-Saint-Pont, a private corporation established in Braine l’Alleud; (...)

The French Competition Authority sanctions a taxi association and some of its members for colluding to prevent new taxis from setting up in the département of Alpes-de-Haute-Provence (Syndicat d’artisans et entrepreneurs de taxis des Alpes-de-Haute-Provence)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Anticompetitive agreement between taxi operators in the Alpes-de-Haute-Provence département: The Conseil de la concurrence sanctions a taxi association and some of its members for colluding to prevent new taxis (...)

The Lazio Regional Administrative Court cancels the NCA’s decision fining € 11.3 M a market-sharing agreement in water services (Acea / Suez / Publiacqua)
Luigi Prosperetti & Partners (Milan)
Background In November 2007, the Italian Competition Authority (ICA) fined Acea for 8.3 million, and Suez Environment (SE) for 3 million for a market-sharing agreement in water services . The Italian NCA had consistently maintained that joint-ventures among competitors in bidding for public (...)

The Italian Competition Authority fines a bakers trade association for price-fixing practices (Unione Panificatori-Listino Prezzi del Pane)
Desogus Law Office (Cagliari)
By a recent decision the Italian Competition Authority (ICA) has condemned the Rome’s branch of the Italian trade association of bakers (Unione Panificatori) for fixing retail prices for bread in the city and province of Rome. The facts of the case In September 2007, following a meeting of the (...)

The Italian Competition Authority condemns a local association of pharmacies for price-fixing arrangements regarding the retail prices of over-the-counter pharmaceuticals (Federfarma Teramo)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) fined Federfarma Teramo, an association regrouping pharmacies located in the province of Teramo, Central Italy, for fixing the retail prices of a number of over-the-counter (OTC) pharmaceuticals via a circular detailing the maximum discounts applicable to (...)

The Lazio Administrative Tribunal annuls a decision of Italian NCA in concrete market (Xella, RDB)
Van Bael & Bellis (Brussels)
In two recently published judgments of April and May 2008, the Lazio Administrative Tribunal (“LAT”) has partially annulled two decisions of the Italian Competition Authority (“ICA”) finding that certain companies had concluded anti-competitive arrangements relating to the local public transport (...)

The Lazio Administrative Tribunal annuls a decision of Italian NCA in local public transport market (SITA, APM, CO.TR.I., RETITALIA, TP NET, 60 MC-Associazione)
Van Bael & Bellis (Brussels)
In two recently published judgments of April and May 2008, the Lazio Administrative Tribunal (“LAT”) has partially annulled two decisions of the Italian Competition Authority (“ICA”) finding that certain companies had concluded anti-competitive arrangements relating to the local public transport (...)

The Italian Competition Commission accepts the commitments of the oil companies under investigation for restriction of competition on the fuel market and closes the investigation (Fuel cartel)
University College London
In 18 January 2007 the Italian Competition Commission (Autorita Garante della Concorrenza e del Mercato, ‘ICC’) launched an investigation in order to examine allegations of violation of article 101 TFEU and law 287/1990 consisting in restrictions in the italian market of automotive fuels by the (...)

The Belgian Competition Council clears a local opening hours scheme for pharmacists (F.N.H. / Ordre des pharmaciens - GLEP 30)
Liège University - IEJE
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Liège University - IEJE
I. Parties This case arose from a complaint lodged by a retail pharmacy outlet (“the applicant”) before the Belgian Competition Council (“the Council”) Initially, the complaint targeted the Belgian Pharmacists Association (“BPA”), but the Council subsequently decided on its own motion to extend the (...)

The Italian Competition Authority starts investigation in the market of sport motoring for alleged abuses of Art. 81 and/or 82 EC (Automobile Club d’Italia)
National University of Singapore
On 22 November 2007, the Italian Competition Authority ( hereinafter, also the “Authority”) opened proceedings in the sector of sport motoring for alleged breach of article 81 and/or 82 of the European Treaty. Investigation started against ACI (“Automobile Club d’Italia”, public entity and (...)

The Belgian Competition Council assesses the validity of opening days/hours and advertising provisions for pharmacy outlets as set by the pharmacists professional associations (Belgian Pharmacists Associations)
Liège University - IEJE
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Liège University - IEJE
1. Parties The present case arose from three complaints lodged in 1998 by several retail pharmacy outlets before the Belgian Competition Council (“the Council”). The complaints were directed against the Belgian Pharmacists Association as well as various local pharmacists association (...)

The Spanish Competition Commission fines three savings banks for market sharing, information exchange and coordination agreements (Caja Vital, BBK, Kutxa, CAN)
Compass Lexecon (Madrid)
Last October, the National Competition Commission (CNC, hereafter) published its Decision to impose a € 24 million fine to the savings banks from the Basque country and Navarra for maintaining a collusive agreement consisting on market sharing, information exchange and the coordination of their (...)

The Italian Competition Authority fines undertakings in the wholesale distribution market of drugs for refusal of supply (“Distribuzione di farmaci senza obbligo di ricetta alle parafarmacie”)
National University of Singapore
On 20 September 2007, the Italian Competition Authority (hereinafter the “Authority”) fined different companies in the wholesale distribution market of drugs, for breach of art. 2 legge n° 287/90, the national provision similar to Article 81 EC. Parties of the case Investigations started in 2006 (...)

The UK Competition Appeal Tribunal upholds the OFT decision rejecting a complaint against alleged abusive practices by local publishers (Brannigan)
Quebec Department of Justice (Quebec City)
A. Introduction In Terry Brannigan v. Office of Fair Trading, the Competition Appeal Tribunal’s (CAT) does not apply European competition law. However in this decision the CAT deals with several interesting legal issues for any European competition lawyer, especially those involved in the (...)

The Italian Competition Authority opens proceedings against pharma-companies in the wholesale distribution market of drugs (“Distribuzione di farmaci senza obbligo di ricetta alle parafarmacie”)
National University of Singapore
On 27 September 2006 the “Autorità Garante della Concorrenza e del Mercato” (hereinafter “AGCM”) opened proceedings against different companies in the wholesale distribution market of drugs, for alleged breach of Article 2 of Law n° 287/90, the national provision similar to Article 81 EC. On one (...)

The Polish Competition Authority condemns anticompetitive agreements on two local markets of photo services related to personalised documents (PWPW)
French National Research Agency - ANR (Paris)
President of the Office of Competition and Consumer Protection (Prezydent Urzedu Ochrony Konkurencji i Konsumentów), 24 July 2006, Decision n° RGB 13/2006, concerning, inter alia, the practices of Polska Wytwórnia Papierów Wartosciowych S.A. (PWPW ) in Warsaw Polska Wytwórnia Papierów (...)

A Swedish Court finds that the national competition authority failed to prove a significant restriction of an hardcore restriction (Volvo Dealers Cartel)
Cederquist (Stockholm)
On 10 December 2002 the Swedish Competition Authority (the “SCA”) carried out dawn raids at eight car dealers in the southern Swedish provinces of Skåne and Blekinge. The dawn raids were carried out in response to complaints presented to the SCA. The eight car dealers were authorized dealers for (...)

The Italian Competition Authority starts an in-depth investigation in the water management services market for alleged infringements of Art. 81 EC (Acea / Suez / Publiacqua)
Studio Legale DDPV (Rome)
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Area (Rome)
On the 31st of May 2006, the Italian Antitrust Authority (“Authority”) opened an in depth investigation against Publiacqua S.p.A. (“PBA”), Acea S.p.A. (“Acea”) and Suez Environnement S.a. (“Suez”) for alleged breach of Article 81(1) of the EC Treaty. PBA is a company which manages water services (...)

The German Federal Cartel Office issues a statement of objections against Germany’s major gas company with the aim of prohibiting certain long term supply agreements with regional and local gas distributors that violate European and German competition law (E.ON Ruhrgas)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Berlin)
In its ongoing efforts to open the German wholesale market to new gas suppliers, the German Federal Cartel Office (“FCO”) issued a statement of objections against E.ON Ruhrgas (“E.ON”), Germany’s largest gas supplier, in December 2005. According to this statement of objections and the preliminary (...)

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

The Maltese Competition Commission condemns collective dominance in sea cargo carriage market (Bulcon/Sea Malta Company)
Sciberras & Lia (Valletta)
Complainant W. J. Parnis England Limited, in its capacity as agent in Malta for Bulgarian undertaking Navigation Maritime Bulgare (also known as ‘Bulcon’), filed a complaint with the Director of the Office of Fair Trading (hereinafter referred to as the ‘Director’) against Sea Malta Company Limited (...)

The Hungarian Competition Council finds 8 construction companies guilty of bid rigging in respect of a road construction contract (Municipality of Budapest)
Smartflats
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Liège University - IEJE
In a public procurement concerning the construction of roads in the municipality of Budapest, eight construction companies have been found guilty of bid-rigging. In a nutshell, they decided among themselves which company would get the contract by coordinating their tenders in advance during (...)

Unilateral Practices

The French Competition Authority closes the case regarding practices carried out by a local Bar Association (AGN Avocats)
French Competition Authority (Paris)
Registering to the Limoges Bar Association* The Autorité de la concurrence closes the case referred to it by AGN Avocats. The company AGN Avocats lodged a complaint with the Autorité relating to a set of practices that is alleged to have been adopted by the Limoges Bar Association Council and (...)

The Moldovan Competition Authority prosecutes the company managing a bus terminal for imposing unfair trading conditions on the passenger bus operators (Telautogar)
Faculty of Law - University of Macau
On 14 June 2018, the Competition Council of the Republic of Moldova (CC) prosecuted the bus terminal operator Telautogar SRL for the abuse of dominant position in the form of imposing unfair trading terms on passenger bus operators. Telautogar SRL was the company managing the bus terminal in (...)

The Indian Competition Authority fines a local development authority for abuse of dominance in the market for affordable housing (Satyendra Singh / Ghaziabad Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on Ghaziabad Development Authority (‘GDA’) for abuse of dominant position in Ghaziabad* By way of an order dated February 28, 2018, the CCI imposed penalty on GDA for abusing its dominant position in the relevant market of “provision of services for development and sale of (...)

The Italian Competition Authority fines a company for abuse of dominance for refusal to licence press release rights (Editorial Initiatives Company)
University of Rome "La Sapienza"
With a decision dated 20 December 2017, the Italian Competition Authority (“ICA”, “Autorità Garante della Concorrenza e del Mercato”, “AGCM”) has sanctioned S.I.E. S.p.A. (“SIE”) for an abuse of dominant position in the press review services sector, in violation of Article 3 of Italian Law no. 287/1990. (...)

The Italian Competition Authority imposes FRAND licensing to a local newspaper in a paradigm for the essential facility doctrine applied to copyrights (Società Iniziative Editoriali)
Portolano Cavallo (Milan)
On 20 December 2017, the Italian Competition Authority (or “ICA”) issued a rare infringement decision in an abuse of dominance investigation against the publisher of a local daily newspaper (“SIE”), which refused to deal with a player (the “complainant” or “Euregio”) in the downstream local market for (...)

The Moldovan Competition Authority fines a company for abuse of dominant position by imposing unjustified tariffs for used water reception service (Apă-Canal Chișinău)
Faculty of Law - University of Macau
On 1 February 2018 the Competition Council of the Republic of Moldova (CC) found that the municipal undertaking Apă-Canal Chișinău SA has abused its dominant position on the local market for water and sewage services by imposing unjustified tariffs for used water reception service and by (...)

The French Competition Authority fines a funeral company for abuse of dominance (Comtet)
French Competition Authority (Paris)
Funeral services in the Ain département* The Autorité de la concurrence funeral company Comtet that, at the time of the alleged events, was running the crematorium in the town of Viriat in the département of the Ain under a public service franchise agreement with the municipal council, for two (...)

The Moldovan Competition Authority fines the state-owned utilities company for abuse of dominance on the water and sewage services market (Servicii Comunale Floreşti)
Faculty of Law - University of Macau
On 29 June 2017 the Competition Council of the Republic of Moldova (CC) fined the state-owned public utilities company for the abuse of dominance in the form of restricting the supply of water and sewage services to the customer that did not agree to install the water meter of certain brand as (...)

The Indian Competition Authority opens investigation into abuse of dominance by a local development authority in the market for affordable housing (Satyendra Singh / Ghaziabad Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Ghaziabad Development Authority (GDA)* CCI by its order dated February 2, 2017 has initiated investigation against GDA for abuse of dominant position in relation to arbitrarily increasing price for sale of residential flats for economically weaker section in (...)

The Indian Competition Authority opens investigation into abuse of dominance by a local development authority (Sudarshan Kumar Kapur / Delhi Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Delhi Development Authority (DDA) * CCI by its order dated January 12, 2017 has initiated an investigation against the Delhi Development Authority (“DDA”) for abuse of dominant position in relation to delayed allotment of flats in the Middle Income Group (...)

The Italian Competition Authority grants an interim injunction to allow the carrying out of a competitive tender procedure in the public local transport services sector (Gara TPL Padova)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently opened an Article 102 TFEU investigation in the case Gara TPL Padova concerning a competitive tender procedure for the selection of a local public transport operator . Later, on the basis of Article 14-bis of the Italian Competition Act no. (...)

The Chinese Supreme People’s Court dismisses an application to re-try a case in Shaanxi involving taxis and exclusive dealing (Taxi case)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Hogan Lovells (Beijing)
On 17 March 2016, the Supreme People’s Court (SPC) released its decision to dismiss an application to re-try a case in Shaanxi involving taxis and exclusive dealing. In that case, two private local taxi companies sued three other local taxi companies for exclusive dealing. The SPC made its (...)

The Chinese NDRC finds that a municipal health and family planning commission has abused its administrative power in its drug procurement practices (Bengbu Health Commission)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Hogan Lovells (Beijing)
On 17 August 2015, the NDRC found that the Bengbu Municipal Health and Family Planning Commission (Bengbu Health Commission) had abused its administrative power in its drug procurement practices. This is the NDRC’s first published antitrust enforcement decision in the pharmaceutical industry (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against 4 State Governments’ Departments of Information and Public Relations because those Departments are not dominant in local advertising markets (Departments of Information and Public Relations)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of abuse of dominance against various States’ Department of Information and Public Relations* CCI by its order dated August 5, 2015 dismissed allegations against Departments of Information and Public Relations of various State Governments. It was alleged that the (...)

The Hungarian Competition Authority fines a water supplier for abuse of dominance (Tettye Zrt.)
Hungarian Competition Authority (Budapest)
Tettye Zrt. abused its dominant position* According to the decision of the Hungarian Competition Authority (GVH), Tettye Forrásház Zrt. (Tettye Zrt.) abused its dominant position by setting, from May 2011, excessive prices for its consumers for the proficiency test of subsidiary water-meters (...)

The Chinese Liaoning Administration for Industry and Commerce fines a tobacco company for abuse of dominance (Fushun)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Hogan Lovells (Beijing)
On 12 August 2015, the SAIC published a decision made by the Liaoning Administration for Industry and Commerce (Liaoning AIC) on 1 June 2015 to sanction the Fushun branch of the Liaoning Tobacco Company (Fushun Tobacco) for abuse of dominance. The investigation was initiated in June 2014 in (...)

The Indian Competition Authority opens investigation into abuse of dominance by local developer company (Jaypee Greens)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Jaypee Greens* CCI by its order dated May 21, 2015 has initiated an investigation against M/s Jaypee greens for alleged abuse of dominance in the relevant market for “the services of development and sale of residential units in Noida and Greater Noida” on (...)

The Indian Competition Authority finds the largest national commercial real estate developer guilty of abuse of dominance in a local market for apartments (DLF Gurgaon)
Vaish Associates, Advocates (New Delhi)
CCI holds DLF’s Buyer’s Agreement abusive and unfair* CCI by its order dated May 12, 2015 held that DLF Group abused its dominant position in the Gurgaon apartment buyers market by imposing abuse terms and unfair terms and conditions. CCI directed DLF and its group companies to cease and desist (...)

The Bulgarian Competition Authority imposes sanctions for abusive interest rates on overdue payments for water supply in Sofia (Sofiyska voda)
University Paris Dauphine
1. An ex officio investigation into the water utility sector of Sofia led the Bulgarian competition authority, the Commission for Protection of Competition (CPC), to impose a considerable fine on Sofiyska voda AD for abusive calculation of penalty charges in violation of national competition (...)

The Italian Council of State confirms the Competition Authority’s decision adopted in an abuse of dominance case in the mass retail sector (Coop Estense v AGCM)
Bonelli Erede (Rome)
,
Bonelli Erede (Rome)
In its decision of 8 April 2014 the Italian Administrative Court of Last Instance (“Council of State”) overruled the previous decision of the Administrative Court of First Instance (“TAR Lazio”) and confirmed the legitimacy of the decision of the Italian Competition Authority (“ICA”) , which had (...)

The Moldovan Competition Authority finds no dumping practices in the bundled packages on the telecommunications market (IM Sun Communications)
Faculty of Law - University of Macau
On 5 December 2013 the Moldovan Competition Authority (CC) has confirmed the absence of dumping prices on the market for various telecommunications services (IPTV, fixed telephony and Internet). The no-infringement decision issued by the CC was based on the absence of anti-competitive effects (...)

The French Competition Authority dismisses an abuse of dominance case concerning a pre-emptive right provided in an affiliation agreement (Altimat, Sapec, Weldom)
Baker Botts (Brussels)
By a decision (hereinafter the ‘Decision’) dated 29 October 2013, the French Competition Authority (hereinafter the ‘FCA’) rejected a complaint submitted in January 2011 by the company Altimat (hereinafter the ‘Complainant’) alleging abusive exercise of a pre-emptive right by the companies Sapec and (...)

The Italian Regional Administrative Court of First Instance annuls the NCA’s decision concerning the abuse of dominant position of a company aimed to exclude competitor’s entry into mass retail markets (Coop Estense)
Lipani Catricalà & Partners (Rome)
1. Premise – This work is the only contribution of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative courts, which involve the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, (...)

The Bulgarian Competition Authority sanctions water and sewage company for unjustified refusal to deal (WSV)
Faculty of Law - University of Macau
On 11 July 2013 the Bulgarian Competition Authority (CPC) prosecuted the sole provider of water and sewage services in the city of Vidin for abuse of dominant position in the form of refusal to deal – denial of access to its infrastructure and refusal to re-instate the supply. The CPC’s (...)

The Paris Court of appeal upholds the competition authority’s decision holding that a parent company and its subsidiary are jointly liable for an abuse of dominance in the french overseas departments (Orange Caraïbe)
Herbert Smith Freehills (Paris)
Introduction On July 4 2013, the Paris Court of Appeal upheld for the most part the decision of the French competition authority (the ADLC) imposing a 60 million euro fine on Orange Caraïbe and its parent company France Télécom for having abused their dominant position in the French overseas (...)

The Cypriot Competition Authority rejects complaint filed by licensee of large shopping mall alleging abuse of economic dependence and discriminatory practices (Tiffany Investments)
Chrysses Demetriades (Limassol)
1. Background In its decision dated 19/3/2013 the Cypriot Commission for the Protection of Competition (the “CPC”) decided to reject a complaint which was filed by a shopping mall licensee (the “complainant”) against the two companies which respectively own and manage a large shopping mall located (...)

The Chinese Xi’an Intermediate People’s Court rules in favour of a consumer in a case of abuse of dominance on the market for local cable service (Shanxi Broadcast)
King & Wood Mallesons (Beijing)
Chinese Consumer Wins Abuse of Dominance Civil Action against Tie-in Sales in Program Bundling* On January 5th, 2013, the Xi’an Intermediate People’s Court (the “Court”) ruled in favor of a consumer who sued Shanxi Broadcast & TV Network Intermediary (Group) Co., Ltd. (“Network”), the local (...)

The Romanian Competition Council closes investigation on abuse of dominant position on the local market of natural gas installations planning and execution accepting commitments undertaken by the monopolist (PROGAZ P&D)
Grigorescu Ştefănică (Bucharest)
Romania: The Romanian Competition Council accepted the commitments undertaken by PROGAZ P&D SA* The Romanian Competition Council (“RCC”) accepted the commitments undertaken by PROGAZ P&D SA in view of relieving the concerns regarding infringement of the antitrust rules by abuse of a (...)

The Italian Antitrust Authority fines a retail chain for an abuse of dominant position consisting in a strategy aimed at opposing the opening of new outlets by a competitor (Esselunga/Coop Estense)
Legance - Studio Legale Associato (Rome)
1. Facts The case concerned an alleged abuse of dominance carried out by a retail chain, Coope Estense, consisting in carrying out a systematic strategy aimed at opposing the opening of new outlets by a competitor, Esselunga. The relevant market was the market for the retail distribution of (...)

An Italian administrative court applies the doctrine of essential facilities to a theatre (Teatro della Provvidenza)
Desogus Law Office (Cagliari)
On appeal the Regional Administrative Court for Lazio (Tar Lazio) has annulled the non infringement decision of the Italian Competition Authority (ICA) regarding the refusal of the owner of a theatre to grant a theatre troupe access to it. The Tar Lazio applied the doctrine of essential (...)

The Polish Competition Court confirms the NCA’s decision finding that the use of exclusive agreement clauses in distribution contracts can constitute an abuse of dominant position if it leads to entry foreclosure (SHiUZ - Animal Breeding and Insemination Centre)
Polish Competition Authority (Warsaw)
,
University of Turin
On November 9th, 2011 the Warsaw District Court - the Court for Competition and Consumer Protection (SOKiK) rejected the petition for appeal from the decision by the Office for Competition and Consumer Protection (UOKiK) in which Stacja Hodowli i Unasieniania Zwierząt (SHiUZ -Animal Breeding and (...)

The Spanish Competition Authority fines electricity distributors for abusing their dominant positions in the power distribution market by restricting competition in the neighboring market for the provision of electrical installation services (Unión Fenosa and Hidrocantábrico)
Hogan Lovells (Madrid)
,
Linklaters (Madrid)
On 20 September 2011, the Council of the Spanish Competition Commission (hereinafter «the Council«, «the SCC«) imposed a combined fine of €2,313,000 on electricity distributors Unión Fenosa Distribución, S.A. («Unión Fenosa«) and Hidrocantábrico Distribución Eléctrica, S.A.U. («Hidrocantábrico«) for (...)

The Latvian Competition Council finds distortion of competition on the municipal market for land survey (Rīgas ĢeoMetrs)
Konkurences padome (Riga)
The CC Finds Distortion of Land Survey Market in Riga* The Competition Council of Latvia (CC) has summarized its conclusions about the land survey sector inquiry. Although no violations of the Competition Law were detected and the competition was found to be strong, the CC concluded that (...)

The Italian Competition Authority closes its first leniency application case finding a price fixing cartel among the three main operators in the market for liquefied petroleum gas (Prezzo per il GPL)
Ashurst (Brussels)
,
Pirelli
,
UPS
Background On March 24, 2010, the Italian Competition Authority (ICA) issued its first cartel decision based on a leniency application, approximately 3 years after the ICA officially adopted its Leniency Program. The case concerns a ten-year cartel between the three main Italian suppliers of (...)

The Swedish Market Court upholds the Competition Authority’s interim order imposing an obligation on an electrical company to provide a potential customer access to its electricity mains (Ekfors)
Vinge (Stockholm)
,
Vinge (Stockholm)
,
Vinge (Stockholm)
Background On February 26, 2010, the Market Court delivered one of its judgments in the long running conflict between the municipality of Haparanda (Haparanda) and the energy company Ekfors Kraft AB (Ekfors). The dispute between the parties mainly concern allegations of abuse of a dominant (...)

The Croatian Administrative Court upholds the NCA’s decision finding no abuse of dominance on the bus transportation services market (Fanika Vesligaj & Branko Kuntek)
Faculty of Law - University of Macau
On 21 January 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) finding no abuse of dominant position on the market for bus transportation services in the municipality of Krapina. The AZTN’s investigation was prompted by the complaint lodged (...)

The High Court of Ireland holds that Dublin local authorities abused their dominant position in the household waste collection market in an attempt to remove rival private operators (Nurandale / Panda Waste services)
Arthur Cox (Dublin)
Nurendale Limited t/a Panda Waste Services v Dublin City Council & Ors arises out of a change (“Variation”) to the Waste Management Plan for the Dublin Region 2005-2010 made collectively by the four Dublin local authorities on 3 March 2008. Panda Waste Services (“Panda”) challenged this (...)

The Macedonian Competition Authority finds an abuse of dominant position on the funeral services market (Komunalec)
Faculty of Law - University of Macau
On 18 December 2009 the Macedonian Competition Authority (KZK) found an abuse of dominant position on the market for funeral services rendered on the territory of the municipality of Prilep. The municipal government entrusted the administration of cemeteries and provision of basic funeral (...)

The Spanish Competition Authority fines funeral services public undertaking for exclusionary practices (EFEMSA)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 3 March 2009, the Spanish Competition Authority adopted a decision finding that EFEMSA, a public undertaking charged with the provision of funeral services in Majorca, engaged in exclusionary practices contrary to the Spanish provision equivalent to Article 82 EC. EFEMSA is controlled by the (...)

The Greek Competition Authority condemns three shipping companies for abuse of dominant position (Samos cruises)
Hellenic Competition Authority (Athens)
There are two main points of law in this interesting decision (426/V/2008) that is worth to be mentioned. The first (1) concerns the term of “undertaking” under the provisions of competition law and the second (2) the possibility of publishing a decision of the Greek Competition Authority (...)

The German Higher Regional Court of Düsseldorf decides that a company may abuse its dominant position by concluding rental agreements, thereby preventing market access of competitors (Schilderpräger)
Gleiss Lutz (Munich)
,
Milbank, Tweed, Hadley & McCloy (Munich)
On 12 December 2008, the Higher Regional Court of Düsseldorf issued a decision concerning a rental agreement between a district and a manufacturer of car number plates. The case concerned the question whether a company having a local monopoly on the manufacturing market for car number plates (...)

The German Federal Court of Justice decides on the relevant definition of the gas supply market (Stadtwerke Uelzen)
Gleiss Lutz (Munich)
,
Milbank, Tweed, Hadley & McCloy (Munich)
On 10 December 2008, the German Federal Court of Justice (FCJ) issued a decision on the definition of the relevant gas supply market. The case concerned the question whether a regional gas supplier had a dominant position which could have been abused. Facts and proceedings Stadtwerke Uelzen (...)

A German Court confirms a decision of the local competition authority in which excessive retail water prices were prohibited on the basis of former German competition law provisions that still apply to the public water sector (Wasserversorgung Wetzlar)
Hengeler Mueller (Dusseldorf)
I. Background The ruling of the Higher Regional Court Frankfurt/ Main (Oberlandesgericht Frankfurt/ Main) confirms a decision of the competition authority of the Federal State Hesse in which the authority prohibited excessive water prices on the retail level charged by the public water (...)

The Polish Competition Authority imposes a financial penalty on the electricity distributor for the delay in issuance of the connection conditions for wind farms’ access to electricity grid (ENEA Operator)
WKB Wiercinski Kwiecinski Baehr (Poznan)
,
WKB Wierciński Kwieciński Baehr (Warsaw)
The Polish competition authority imposed a fine of PLN 11 million (approx. EUR 3 million) on ENEA Operator S.A., a company distributing electricity in the northwestern Poland, which serves over 2,5 million customers. The President of the Office of Competition and Consumer Protection (“the OCCP (...)

The French Supreme Court questions allocation of costs in a predatory pricing Case (Vedettes inter-îles vendéennes)
Kramer Levin Naftalis & Frankel (Paris)
,
Eversheds Sutherland (Paris)
,
Eversheds Sutherland (Paris)
1. Facts and ruling The Régie départementale des passages d’eau de la Vendée (RDPEV) is the provider of a public service : it operates year-round in any weather daily ferry services for passengers, cargo and vehicles between the mainland and l’île d’Yeu. For this purpose, RDPEV uses three vessels : (...)

The Greek Competition Commission rejects complaint alleging abuse of dominance with respect to freight rebates charged by shipping companies in Northern Greece (Thasos, TSCSA)
European Investment Bank (Luxembourg)
I. The Factual Background 1. In general The coastal area of Kavala in Northern Greece connects to the island of Thasos via two local sea routes (i)Keramoti/Kavala- Thasos (40 minutes trip duration) and (ii) Kavala - Thasos (1 hour and 35 minutes trip duration), on which ferry boats and car (...)

The Lithuanian Competition Council condemns unfair pricing on telecommunications infrastructures (Vilniaus Energija)
Lithuanian Competition Council (Vilnius)
On 13 September 2007 the Lithuanian Competition Council adopted an infringement decision finding UAB Vilniaus Energija (VE) in breach of Article 9 of the Law on Competition (equivalent to Article 82 of the EC Treaty) for imposing unfair prices in a number of local markets for the lease of (...)

The Slovenian Competition Authority finds, after full judicial review overturning its original decision, local public utility company did not abuse its dominant position in the local market for cemetery and funeral services (JKP Log)
Fatur Law Firm (Ljubljana)
This case started in December 2003, when company Primozic complained to the Slovenian Competition Authority (“SCA”) about the abusive practices of public utility company JKP Log in the market for cemetery and funeral services in three counties in eastern Slovenia. The SCA started the proceeding (...)

The UK High Court of Justice rejects a claim of predatory behaviour on a local bus transport services market (Chester City Transport v. Arriva)
King’s College (London)
Introduction and Background to the Claim In Chester City Council and Chester City Transport Limited v. Arriva Plc, Arriva Cymru Limited and Arriva North West Limited [2007] EWHC 1373 (Ch), the High Court of Justice had to consider a claim brought by Chester City Council (‘the Council’) and (...)

The Lithuanian Competition Authority fines the State-controlled airport for abusing its dominance by restricting access to the airport facilities (Vilnius Airport/RSS)
Lithuanian Competition Council (Vilnius)
On 7 June 2007, in its first explicit application of the essential facilities doctrine, the Lithuanian Competition Council imposed a fine of LTL 50,000 (approx. EUR 14,481) on the State Enterprise Tarptautinis Vilniaus oro uostas (TVOU) for abuse of a dominant position by way of restricting (...)

The Swedish Market Court rejects alleged predatory pricing and bundling practices in the free press sector (Metro v. Stockholm City)
General Court of the European Union (Luxembourg)
,
SNP Schlawien (Munich)
Swedish Market Court (Marknadsdomstolen), 5 June 2007, Tidnings Aktiebolaget Metro v. Stockholm City i Sverige AB, Expressen AB, Dagens Nyheter AB, Case Dnr A 9/05 On the 5th of June 2007, the Swedish Market Court ruled on Tidnings Aktiebolaget Metro v. Stockholm City i Sverige AB - a case (...)

The French Competition Authority refuses to order interim measures regarding alleged eviction practices implemented in the sector of shipping transport between Corsica and the continent (CMN / SNCM)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Renewal of public service delegation contract / Corsica-Marseilles: New referral by Corsica Ferries: Conseil de la concurrence does not order interim measures but decides to continue the examination on the (...)

The Bulgarian Competition Authority fines an undertaking for abusing its dominance on the funeral services market (Obreden Dom)
US Federal Trade Commission (FTC)
The Bulgarian Commission for the Protection of Competition (CPC) maintained its traditional tough approach towards rent-seeking in the funeral services sector in a recent decision regarding the practices of a municipal funeral agency in the town of Razgrad. In the case at stake, the town (...)

The UK Competition Appeal Tribunal relies on the refusal to supply doctrine to adopt a very wide interpretation of abuse (Burgess/OFT)
British Institute of International and Comparative Law
CHRONOLOGY On 16 January 2002, W Austin and Sons (Stevenage) Limited (“Austins”) wrote to J.J. Burgess and S.J. Burgess trading under the name JJ Burgess and Sons (“Burgess”) refusing Burgess access to Harwood Park with effect from 18 January 2002. On 21 January 2002, Burgess complained to the (...)

The French Competition Authority accepts commitments to address competition concerns in the press distribution sector in New Caledonia and French Polynesia (NMPP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Press distribution: NMPP offers the Conseil de la concurrence a commitment to introduce prices enabling independent exporters to distribute press in New Caledonia and French Polynesia under economically viable (...)

The Polish Competition Authority, by condemning a town for abusing its dominant position, restates that competition law apply to practices of local government units (Commune of Kielce)
French National Research Agency - ANR (Paris)
The present decision, rendered on December 2, 2005, concerns the practice of the Municipal Administration of Roads in the city of Kielce (the organizational unit of the commune of Kielce) consisting on the refusal to give access to the municipal transport bus stops to operators other than the (...)

The Czech Office for the Protection of Competition declares that the refusal of access to a bus station to competing bus line operators does not amount to an abuse of dominant position (AS-Service)
Czech Ministry of Justice (Prague)
,
Czech Ministry of Justice (Prague)
In a decision rendered on 25 November, 2005, the Czech Office for the Protection of Competition concluded that CAS-SERVICE a.s. (“CAS”), the operator of the bus station in the Southern Moravian city of Znojmo, had not abused of its dominant position on the market of services offered to bus line (...)

The French Competition Authority fines two firms for abusing their dominant position in the water market (Sedif-Lyonnaise des Eaux)
MAPP (Paris)
The French Competition Authority (“Conseil de la concurrence”) fined two firms for abusing their dominant position in local water markets in the Paris region. The Decision addresses two distinct sets of practices. The Syndicat des Eaux d’Ile de France (“Sedif”) was fined € 100,000 for trying to (...)

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

The Polish Competition Authority accepts commitments from a water supply operator while stating that the operator has imposed onerous conditions which lead to unjustified profits (Krakow Water Supply and Sewage Municipal Company)
French National Research Agency - ANR (Paris)
The commented decision which was rendered on October, 14 2005 by the President of the Office for Competition and Consumer Protection (hereafter, “OCCP President” or “President of the Office”) results from the consumer complaint concerning the behaviour of Krakow Water Supply and Sewage Municipal (...)

The Irish National Competition Authority rejects an alleged abuse of dominance and recommends a revised approach to market access and service provision in the household waste collection service market (Greenstar Recycling)
London School of Economics
On the 30th of August, 2005 the Irish National Competition Authority (hereinafter “NCA”) delivered its findings following an investigation conducted pursuant to consumer allegations of abusive pricing practices in the field of household waste collection services and of a lack of competition in (...)

Mergers

The French Competition Authority clears a merger subject to remedies in the retailing of gardening products market (Jardiland / InVivo)
French Competition Authority (Paris)
Retailing of gardening products* The Autorité de la concurrence clears the acquisition of Jardiland group by InVivo group (Gamm Vert, Delbard) subject to divestiture of 11 stores Parties to the transaction On 29 June 2018, InVivo Retail group, a subsidiary of InVivo cooperative union, which (...)

The Italian Competition Authority unconditionally approves the creation of a cooperative banking group (Cassa Centrale Bancaria)
Desogus Law Office (Cagliari)
Merger, notification, autohorisation, banking, market definition, : clearance Phase (I) merger, economic efficiency, high market shares, relevant market, By a recent decision the Italian Competition Authority (ICA) has unconditionally approved the creation of a cooperative banking group. The (...)

The French Competition Authority clears two separate mergers in the footwear distribution market (Sarenza / Monoprix and André / Spartoo)
French Competition Authority (Paris)
Footwear distribution* The Autorité de la concurrence clears two separate acquisitions but which raise similar questions: Sarenza by Monoprix (Casino group) André by Spartoo On 16 March Monoprix, and subsequently on 4 April 2018, Spartoo notified the Autorité de la concurrence of two distinct (...)

The Finnish Competition Authority clears a merger subject to remedies on the retail and purchasing markets of the grocery sector (SOK / Stockmann Delicatessen)
Finnish Competition and Consumer Authority (Helsinki)
FCCA approves the acquisition between SOK and Stockmann Delicatessen subject to conditions* Today, the Finnish Competition and Consumer Authority (FCCA) approved the acquisition of Stockmann Group’s Delicatessen business by Suomen Osuuskauppojen Keskuskunta, SOK (The Central Finnish Cooperative (...)

The Polish Competition Office clears a merger, subject to remedies, in the wholesale and retail sale of everyday consumer goods market (Dystrybucja Alkoholi / Eurocash)
Polish Competition Authority (Warsaw)
Conditional concentration clearance: Eurocash - PDA* The President of the Office of Competition and Customer Protection (UOKiK) gave his consent to a takeover of Polska Dystrybucja Alkoholi by Eurocash. The transaction may take place providing the purchase of a warehouse in Pabianice is (...)

The French Competition Authority clears a merger, subject to remedies, in the agriculture sector (Agri-Négoce / Axéréal Participations)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of sole control of Agri-Négoce by Axéréal Participations, subject to commitments* On 21 April 2016, the company Axéréal Participations, subsidy of the farming cooperative Axéréal, notified the Autorité de la concurrence of the acquisition of sole (...)

The German Competition Authority clears a merger between two savings banks in Bavaria (Ingolstadt / Eichstätt)
German Competition Authority (Bonn)
Bundeskartellamt clears merger of savings banks in Bavaria* Today the Bundeskartellamt has cleared the merger between the savings banks Sparkasse Ingolstadt and Sparkasse Eichstätt. Andreas Mundt, President of the Bundeskartellamt: "Under the law of the federal state of Bavaria savings banks (...)

The French Competition Authority clears a merger, subject to remedies, on the market of retail of cultural and electronic products (Fnac / Darty)
French Competition Authority (Paris)
Retailing of "brown" and "grey" products* The Autorité de la concurrence clears, subject to the divestiture of 6 stores in Paris and the Parisian region, the acquisition of the Darty company by the Fnac group On 17 February 2016, the Fnac group notified its project to take over Darty to the (...)

The US District Court for the Northern District of Illinois Eastern Division denies preliminary injunction on the basis that geographic market analysis was erroneous in a hospital merger case (Advocate Health / NorthShore)
Constantine Cannon (Washington)
Geographic market definition trips up FTC as Federal Court rejects challenge to Advocate-NorthShore Hospital merger*The loss of the Federal Trade Commission (“FTC”) in a hospital merger case in the U. S. District Court for the Northern District of Illinois last week highlights just how tricky (...)

The Italian Competition Authority opens a Phase-II investigation into a multi-utility merger (Linea / A2A)
Desogus Law Office (Cagliari)
Introduction By a decision made on 18 May 2016 the Italian Competition Authority (ICA) has decided to start a Phase-II investigation into the proposed acquisition of Linea Group Holding (LGH) by A2A on the basis of Article 16 of the Italian Competition Act n. 287/90 . Pursuant to Article 6 of (...)

The Belgian Competition Authority clears a merger subject to remedies in the market of multiplex cinemas (Kinepolis / Utopolis)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority (BCA) has approved with remedies the acquisition by Kinepolis of two of the four multiplex cinemas of Utopolis* The Competition College of the Belgian Competition Authority has approved on 25 March 2016 the acquisition by Kinepolis of two of the four Utopolis (...)

The French Competition Authority clears a merger concerning several retail markets (Charentes Alliance / Coréa cooperatives)
French Competition Authority (Paris)
Autorité de la Concurrence authorises the merger between the Charentes Alliance and Coréa cooperatives* On December 23rd 2015, the Charentes Alliance and Coréa cooperatives notified the Autorité that their organisations were planning to merge. Having undertaken a detailed analysis of the local (...)

The German Competition Authority clears a possible takeover in the rental of residential properties market (Deutsche Wohnen / Vonovia)
German Competition Authority (Bonn)
Bundeskartellamt clears possible takeover of Deutsche Wohnen by Vonovia* In first phase proceedings the Bundeskartellamt has cleared plans by Vonovia SE, Düsseldorf, to acquire all the shares in Deutsche Wohnen AG, Frankfurt am Main, by way of a public takeover bid. The project affects a number (...)

The Romanian Competition Authority clears a merger in the pharmacies sector (Centrofarm / Help Net Farma)
Romanian Competition Council (Bucharest)
The Competition Council has authorized the takeover of 19 pharmacies Centrofarm by Help Net* The Competition Council has authorized the take over of 19 pharmacies Centrofarm by Help Net Farma SA. By this transaction, Help Net take over the 19 pharmacies Centrofarm from 10 localities: (...)

The Mexican Competition Authority clears a merger subject to remedies in the supermarkets retail sector (Soriana / Comercial Mexicana)
Mexican Competition Authority (Mexico City)
COFECE conditions concentration1 between Soriana and Comercial Mexicana* Mexico City, October 8th 2015. - The Mexican Federal Competition Commission (COFECE) decided to challenge the concentration between Organización Soriana (Soriana) and Controladora Comercial Mexicana (CCM) in the terms in (...)

The French Competition Authority clears a merger subject to remedies on the hearing aid products market (Audika / William Demant)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to commitments, the acquisition of Audika by William Demant.* On 28 May 2015, the William Demant group notified the Autorité de la concurrence of the acquisition of sole control of the Audika group. William Demant, one of the main manufacturers of (...)

The Indian Competition Authority unconditionally approves acquisition of 4 hypermarkets from one retail company by a competing retail company in a city’s local market (Jubilant / Aditya Birla Retail)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of four retail hypermarket stores of Jubilant by Aditya Birla Retail Limited (ABRL)* CCI by its order dated July 29, 2015 approved the proposed acquisition of four ‘Total’ stores of Jubilant Agri and Consumer Products Limited (JACPL) in the city of Bengaluru by ABRL on a (...)

The Italian Competition Authority conditionally clears a concentration between two regional energy firms (Energia Alto Adige)
Desogus Law Office (Cagliari)
By a decision made on 15 July 2015 the Italian Competition Authority (ICA) has conditionally cleared a concentration between two publicly held regional energy firms, Società Elettrica Altoatesina (SEL) and Azienda Energetica (AE), operating in the North-east of Italy in the province of Bolzano. (...)

The Italian Competition Authority conditionally clears a baby products merger (Enrico Preziosi-Artsana / Newco-Bimbo Store)
Desogus Law Office (Cagliari)
In Baby Products by a decision made on 9 July 2015 the Italian Competition Authority (ICA) has conditionally cleared a merger between retailers of baby products (Case C11982, Enrico Preziosi-Artsana/Newco-Bimbo Store) . The ICA started a phase II investigation into the notified merger since it (...)

The FTC challenges a merger in regional markets for sterilization of products using radiation based on future competition concerns (Steris / Synergy Health)
Doyle, Barlow & Mazard (Washington DC)
FTC Challenges Deal Based on Future Competition Concerns* On May 29, 2015, the Federal Trade Commission (“FTC”) issued an administrative complaint alleging that Steris Corporation’s (“Steris”) proposed $1.9 billion acquisition of Synergy Health plc (“Synergy”) would violate the antitrust laws by (...)

The Bundeskartellamt blocks a merger between two food retailers with a strong position in different regional German markets as it would impede effective competition in the food retail market (Kaiser’s Tengelmann / Edeka)
Berlin School of Economics and Law
At the beginning of April 2015, the Bundeskartellamt blocked the merger between Edeka and Kaiser’s Tengelmann ("Tengelmann"), which had been notified in October 2014. In the proposed merger, Edeka intends to acquire approximately 450 outlets of Tengelmann. Both companies are food retailers with (...)

The German Competition Authority prohibits a merger in the food retail market (Kaiser’s Tengelmann / Edeka)
German Competition Authority (Bonn)
Bundeskartellamt prohibits takeover of Kaiser’s Tengelmann by EDEKA* The Bundeskartellamt has prohibited the acquisition of around 450 Kaiser’s Tengelmann outlets by EDEKA. In the authority’s view the project would have considerably wors-ened competition conditions on a large number of highly (...)

The German Competition Authority issues a preliminary assessment relating to a merger in the food retail sector (Kaiser’s Tengelmann / Edeka)
German Competition Authority (Bonn)
Bundeskartellamt issues preliminary assessment of the takeover of Kaiser’s Tengelmann by EDEKA* In the EDEKA/Tengelmann merger control proceedings the Bundeskartellamt has today informed the parties of its preliminary assessment of the takeover plans. Andreas Mundt, President of the (...)

The Canadian Supreme Court considers for the first time the analytical framework for prevention of competition cases and the statutory efficiency defence in a very small merger case (Tervita)
Borden Ladner Gervais (Toronto)
,
Gowling WLG (Toronto)
,
Gowling WLG (Toronto)
Tiny Merger Will Have Major Implications for Merger Review in Canada* On Jan. 22, 2015, the Supreme Court of Canada released the long anticipated decision in Tervita Corp. v. Canada (Commissioner of Competition) in which it considered, for the first time, the analytical framework for (...)

The Canadian Supreme Court clarifies the notion of "prevention" of competition and revitalizes efficiencies defence in a merger case (Tervita)
Stikeman Elliott (Ottawa)
,
Stikeman Elliott (Toronto)
Supreme Court clarifies "prevention" and revitalizes efficiencies defence in Tervita merger case* Canada’s Supreme Court of Canada issued its much-anticipated decision in the case of Tervita Corp. v. Canada Commissioner of Competition yesterday, upholding the Federal Court of Appeal’s (and the (...)

The Polish competition authority conditionally clears acquisition of competing tobacco and fast moving consumer goods wholesalers (KDWT / Kolporter)
Dentons (Warsaw)
The proposed concentration was notified to the Chairperson of the Polish Office for Competition and Consumer Protection (the “UOKiK Chairperson”) pursuant to Article 13 Section 2 point 2 of the Law of February 16, 2007 on Competition and Consumer Protection (the “LCCP”) on December 23, 2013. The (...)

The German Competition Authority clears a merger by applying the failing firm defence on the daily newspapers market (Westfälische Nachrichten / Münstersche Zeitung)
German Competition Authority (Bonn)
Press Release published on the official website of the German Competition Authority. Regional daily Westfälische Nachrichten can take over Münstersche Zeitung* The Bundeskartellamt has cleared plans by the Münster-based publishing house Aschendorff Verlag (which publishes Westfälische (...)

The German Competition Authority receives a withdrawal of a merger notification between daily newspapers (Lensing and Funke)
German Competition Authority (Bonn)
Press Release published on the official website of the German Competition Authority. Withdrawal of notification of merger between the daily newspapers WAZ/Westfälische Rundschau and Ruhr-Nachrichten in the Dortmund area* The Bundeskartellamt confirms that the media company Medienhaus Lensing (...)

The Competition and Markets of UK clears the proposed takeover of two hospitals (Heatherwood, Wexham and Frimley Park)
DLA Piper (London)
The Competition and Markets Authority (CMA) cleared the proposed takeover of Heatherwood and Wexham Hospitals NHS Foundation Trust by Frimley Park Hospital NHS Foundation Trust in May 2014. Heatherwood and Wexham are two struggling hospitals located near top- performing Frimley Park hospital. (...)

The German Competition Authority prohibits proposed merger between district clinics and local clinical centre (Esslingen clinics)
German Competition Authority (Bonn)
Bundeskartellamt prohibits merger between hospitals in Esslingen* The Bundeskartellamt has prohibited plans of the administrative district of Esslingen and the town of Esslingen to merge the Esslingen district clinics (Kreiskliniken Esslingen) with the Esslingen clinical centre (Klinikum (...)

The Australian Competition and Consumer Authority clears an acquisition proposed by leading convenience retailer of a company owning retail petrol station sites in South Australia (BP / Peregrine)
Australian Competition and Consumer Commission (Canberra)
ACCC will not oppose Peregrine’s proposed acquisition of BP petrol station sites in SA* The Australian Competition and Consumer Commission will not oppose the proposed acquisition by Peregrine Corporation (Peregrine) of BP Australia’s (BP) company- owned and operated retail petrol station sites (...)

The Polish Competition Authority issues conditional clearance for concentration in pharmaceutical sector (Neuca/ACP Pharma)
WKB Wierciński Kwieciński Baehr (Warsaw)
In the decision of 31 March 2014, the President of the Office for Competition and Consumer Protection (hereinafter referred to as the “OCCP President”) approved concentration consisting of Neuca taking control over ACP Pharma. However, Neuca must sell one of its wholesalers located in Bydgoszcz (...)

The Finnish Competition Authority approves conditionally a merger on the market for fitness centres (Elixia / SATS)
Finnish Competition and Consumer Authority (Helsinki)
The Finnish Competition and Consumer Authority approved the merger between Elixia and SATS subject to conditions* On 24 February 2014, the Finnish Competition and Consumer Authority (FCCA) conditionnally approved a deal, in which Altor Fund III and TryghedsGruppen smba acquired joint control (...)

A US District Court orders the largest care system in Idaho to divest independent multi-specialty physician practice (St. Luke’s Health System / Saltzer Medical)
Wolters Kluwer (Riverwoods)
Combination of Idaho’s Largest Health System and Largest Physician Practice Must Be Unwound* Within the span of about two weeks, each of the federal antitrust agencies has been handed a major win in their merger enforcement efforts. Last Friday, it was the Federal Trade Commission’s turn. The (...)

The Polish Competition Authority conditionally clears an acquisition in the grocery market (Auchan/Real)
Deloitte (Paris)
,
Deloitte (Paris)
In January 2014, the Polish Competition Authority (UOKiK) conditionally approved the proposed acquisition of 57 Real hypermarkets in Poland by Auchan Polska, an operator of 27 hypermarkets and 31 supermarkets in Poland. The acquisition is conditional on the sale of eight of the Real (...)

The Australian Competition and Consumer Commission releases a statement of issues outlining concerns with the proposed acquisition in the local market for the supply of takeaway packaged liquor (Lindisfarne Cellars / Woolworths)
Australian Competition and Consumer Commission (Canberra)
ACCC concerned about Woolworths’ proposed acquisition of Lindisfarne Cellars* The Australian Competition and Consumer Commission has released a Statement of Issues outlining concerns with the proposed acquisition of Lindisfarne Cellars by Woolworths Limited. Lindisfarne Cellars is a bottleshop (...)

The Australian Competition and Consumer Commission releases a statement of issues outlining concerns with a proposed acquisition that may result in a substantial lessening of competition as it would remove the only independent full-line supermarket in the local market (Woolworths / Renaissance Supa IGA)
Australian Competition and Consumer Commission (Canberra)
ACCC releases SoI on proposed acquisition of St Kilda Supa IGA by Woolworths* The Australian Competition and Consumer Commission has released a Statement of Issues (SoI) outlining concerns with the proposed acquisition of the St Kilda Renaissance Supa IGA by Woolworths Limited. The target (...)

The Polish Competition Authority clears a merger subject to remedies in the print media sector (Polskapresse / Media Regionalne)
WKB Wierciński Kwieciński Baehr (Warsaw)
The Polish Competition Authority gives green light to Polskapresse for conditional concentration in press sector (Polskapresse / Media Regionalne). According to the decision of 24 October 2013, Polskapresse’s acquisition of newspaper and media group Media Regionalne was approved by the Polish (...)

The French Competition Authority examines the creation of a joint venture in the animal nutrition sector after a referral of the European Commission (Glon Sanders & Euralis)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence will examine the creation of a joint venture by Glon Sanders (subsidiary of Sofiprotéol) and the Euralis cooperative group*. At the request of the undertakings, the European (...)

The Polish Competition Authority gives conditional consent to a merger in the retail of bottled gas sector (Gaspol / Orlen Gaz)
WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of 20 May 2013, the President of the Office of Competition and Consumer Protection (the “OCCP President” or the “PCA”) has given her conditional consent for Gaspol to acquire a part of assets of Orlen Gaz. Both undertakings operate on the sales market of bottled gas. Gaspol applied (...)

The Hungarian Competition Authority approves 13 acquisitions of control concerning 158 food retail stores across the country (Match, Profi and Cora)
Hungarian Competition Authority (Budapest)
Information about mergers on the food retail market* Substantial ownership shifts took place in the food retail market in Hungary between June 2012 and February 2013. During this period the GVH (Gazdasági Versenyhivatal - Hungarian Competition Authority) received 13 merger applications (...)

The Hungarian Competition Authority elaborates a more sophisticated approach in the course of establishing relevant product and geographic market of mergers in the retail sector (Copé/Intégal-M, Mába-Invest)
Dentons (Budapest)
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Hungarian Competition Authority (Budapest)
I. Facts COPÉ Vagyonhasznosító és Szolgáltató Zrt. („COPÉ”) acquired direct sole control over INTEGRÁL-M Kereskedelmi Kft. („INTEGRÁL-M”) and MÁBA-INVEST Ingatlanhasznosító és Szolgáltató Kft. („MÁBA-INVEST”). The procedure was conducted in a phase II procedure, in which the Gazdasági Versenyhivatal (“GVH” – (...)

The Swedish Competition Authority approves a merger in the book publishing sector without requiring any remedies (Bokia / Akademibokhandelsgruppen)
Vinge (Stockholm)
The Swedish Competition Authority’s decision number 452/2012 of 10 December 2012 to approve KF Media, Natur & Kultur and Killbergs Bokhandel acquiring joint control over Akademibokhandeln and Bokia. The Competition Authority’s decision is final. KF Media, part of the KF Group, owned the KF (...)

The Hungarian Competition Authority refines the notion of interdependent transactions and its method of establishing relevant product and geographic market of mergers in the retail sector (Copé /Arany Hatos and Aranyhíd-Coop)
Dentons (Budapest)
,
Hungarian Competition Authority (Budapest)
I. Facts COPÉ Vagyonhasznosító és Szolgáltató Zrt. („COPÉ”) acquired indirect sole control over ARANYHÍD-COOP Kereskedelmi Zrt. („ARANYHÍD-COOP”) through a purchase of a share package carrying 33.2 percent of the voting rights of the ARANYHÍD-COOP and 100 percent of the shares of ARANY HATOS Üzletviteli és (...)

The Serbian Competition Authority clears a retail merger in a phase II procedure with imposition of behavioural remedies (Stampa Sistem/Futura Plus)
Faculty of Law - University of Macau
On 22 November 2012 the Serbian Competition Authority (KZK) has cleared in a Phase II procedure a concentration in the market for retail trade in kiosks of cigarettes and other tobacco products, newspapers and prepaid cards of mobile phone operators. The specified concentration was cleared with (...)

The Dutch Competition Authority grants a permit to telecom operator for the acquisition of four fiber-optic providers (KPN / Concepts ICT / Edutel / XMS / KickXL)
Stibbe (Amsterdam)
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Stibbe
Introduction On 16 October 2012, the Netherlands Competition Authority ("NMa") granted a permit for a proposed concentration between KPN B.V. ("KPN") and Concepts ICT Holding B.V. ("Concepts"), Edutel Beheer B.V. ("Edutel"), Xtra Media Services B.V. ("Xtra") and KickXL B.V. ("KickXL"). (...)

The UK OFT accepts commitments offered by a party to a completed acquisition in lieu of referring the case to the Competition Commission (Vue Entertainment International / Apollo Cinemas)
Herbert Smith Freehills (Brussels)
In May 2012 Vue Entertainment International Limited ("Vue") acquired sole control of Apollo Cinemas Limited ("Apollo"). In its decision of 24 August 2012 published in October 2012, the Office of Fair Trading ("OFT") stated that the acquisition had resulted or may be expected to result in a (...)

The French Competition Authority clears a merger in the food retail sector (Carrefour / Guyenne et Gascogne)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the takeover by Carrefour of its franchisee Guyenne et Gascogne, which operates thirty-four food superstores in the south-west of France*. The Autorité de la concurrence (...)

The French Competition Authority clears a merger in the food retail sector in Martinique (Parfait / Lancry)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to commitments, the acquisition in Martinique of two hypermarkets by the Parfait group*. The Autorité de la concurrence has issued a decision clearing, subject to (...)

The US DoJ conditions merger approval upon divestiture of supply contracts in 8 local school districts affecting the market for school bus transportation services (National Express / Petermann)
Akin Gump Strauss Hauer & Feld (Dallas)
On April 30, 2012, the Department of Justice announced a conditional approval of the merger between National Express Corporation and Petermann Partners Inc., hinging upon the divestiture of the merging firms’ service contracts in 8 local markets. National Express and Petermann serve as (...)

The French Competition Authority clears a merger between two agricultural cooperatives (Champagne Céréales / Nouricia)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears - subject to commitments - the merger of the agricultural cooperative groups Champagne Céréales and Nouricia* Yesterday the Autorité de la concurrence issued a decision by (...)

The French Competition Authority clears, subject to conditions, a merger in the electricity and gas supply markets (Electricité de Strasbourg / Enerest)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears – subject to conditions – the acquisition of Enerest by Electricité de Strasbourg (EDF Group)*. Electricité de Strasbourg, a company owned 88.82% by EDF, is a local (...)

The Belgium Competition Council clears the acquisition by the national incumbent telecom provider of the last remaining multibrand distributor after a second phase investigation (Belgacom / Wireless Technologies)
Baker McKenzie (Brussels)
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Baker McKenzie (Brussels)
On 23 December 2011, the Competition Council cleared after a second phase investigation the acquisition by Belgacom, the incumbent telecom provider in Belgium, of Wireless Technologies, the operator of The Phone House, the only remaining multibrand distributor at retail level offering telecom (...)

The Polish Office of Competition and Consumer Protection releases his report on pay television (Market for pay TV services)
European Commission
Poland: UOKiK’s Report on Pay Television* The current situation on the market for pay TV services in Poland has been the object of a thorough analysis by the Office of Competition and Consumer Protection (UOKiK). The outcome of this analysis has been presented in a report in August this year. (...)

The UK Competition Commission publishes proposals to open up bus markets across the country to greater competition
European Commission
United Kingdom: Competition Commission makes Proposals to open up Bus Markets to greater Competition* On 6 October 2011, the UK Competition Commission (the CC) published proposals to open up bus markets across the country to greater competition. This is the latest stage in the CC’s (...)

The Italian Competition Authority blocks a merger in electricity market of Italy’s smallest region and suggests the region to remove existing regulatory barriers to reconsider its assessment (Compagna Valdostana delle Acque / Deval / Vallenergie)
Ferrovie dello Stato (Rome)
Introduction On the 4th of August 2011 the Italian Competition Authority (hereinafter «ICA«) brought a phase II merger to an unusual conclusion. The proceeding was opened in order to assess competition issues arising from a proposed merger involving electricity operators active in the markets (...)

The French Competition Authority clears, subject to conditions, a merger on the fuel and LPG distribution sector in the French West Indies and Guyana (Rubis / Chevron)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears under conditions the acquisition by Rubis Group of sole control of Chevron (Texaco)’s activities in the French West Indies and Guyana*. The Autorité de la concurrence has (...)

The Romanian Competition Authority clears a healthcare merger subject to structural divestitures and behavioural commitments (Fresenius, Renamed)
Faculty of Law - University of Macau
On 20 June 2011 the Romanian Competition Authority (CC) has cleared a healthcare merger subject to certain structural divestitures and behavioural commitments. The subject concentration was notified by SC Fresenius Nephrocare Romania SRL (Fresenius), which set out to acquire sole control over (...)

The French Competition Authority clears a merger between several agricultural cooperatives in Brittany (Triskalia)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence authorizes the merger of the Coopagri Bretagne, Union Eolys and CAM 56 agricultural cooperatives.* In its decision on 9 September 2010, the Autorité de la concurrence authorized (...)

The French competition authority clears a concentration in the aggregates sector subject to remedies (Eurovia/Tarmac)
Herbert Smith Freehills (Paris)
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Gide Loyrette Nouel
In its decision dated 20 August 2010, the French competition authority (the “FCA”) cleared the acquisition by Eurovia of sole control over six subsidiaries of the Tarmac group ("Tarmac") (the “concentration”), subject to remedies. Although the proposed concentration had a Community dimension, the (...)

The US DoJ requires rescission of a merger-to-monopoly and puts conduct remedies in place to ensure competition in the market for local newspapers in a city in West Virginia (Daily Gazette / MediaNews)
Akin Gump Strauss Hauer & Feld (Dallas)
The DOJ entered into a consent decree with two local West Virginia newspaper owners, requiring them to rescind a merger three years after its consummation. The Daily Gazette Company and MediaNews Group, Inc. had entered into a two-to-one merger, creating a monopoly from the only two local (...)

The French Competition Authority clears, under conditions, a merger in the sugar and spirits sector on Reunion Island (Tereos / Quartier Français)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of the Quartier Français Group by the Tereos Group, under certain conditions.* The Autorité de la concurrence has carefully examined the Tereos Group’s (...)

The French Competition Authority clears, under conditions, a merger in the food retail distribution sector in French overseas territories (Hoio / Louis Delhaize)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence authorizes the acquisition of certain companies of the Louis Delhaize distribution group by the Hoio group, subject to the sale of a store in Martinique.* The Autorité de la (...)

The US FTC requires an unusual method of testing for a less anticompetitive purchaser by offering the sale before completing the requisite due diligence, then clearing the merger in the acute care facilities industry (King’s Daughters Hospital / Scott & White)
Milbank, Tweed, Hadley & McCloy (New York)
,
Jones Day (San Francisco)
Healthcare reform and concerns about consolidation in the health care industry juxtaposed with continuing economic distress provided a fascinating backdrop for the Federal Trade Commission’s (FTC’s) recent investigation of Scott & White Healthcare’s consummated acquisition of King’s (...)

The French Competition Authority clears, under conditions, a merger in the poultry meat sector (LDC / Arrivé)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Subject to various conditions, the Autorité de la concurrence authorises the acquisition of the Arrivé group by the LDC group.* The Autorité de la concurrence has closely examined the LDC group’s acquisition of (...)

The UK Competition Commission authorizes the purchase of two distressed local bus operators (Stagecoach Group of Eastbourne Buses - Cavendish Motor Services)
Desogus Law Office (Cagliari)
By a decision taken on 22 October 2009 the Competition Commission (CC) has changed its provisional findings of August and unconditionally cleared the Stagecoach acquisition of two local bus operators in Eastbourne, Eastbourne Buses Limited (EBL) and Cavendish. The CC was referred the (...)

The Hellenic Competition Commission conditionally clears in Phase II a merger in the retail market for petrol and diesel (BP Hellas, Hellenic petroleum)
University of East Anglia
On 10 July 2009, Hellenic Petroleum notified the Hellenic Competition Commission (HCC) of its intention to purchase a controlling share of BP Hellas SA. The acquisition is said to cost Hellenic Petroleum € 359 M. This acquisition includes the entire network of BP facilities in Greece, including (...)

The European Commission conditionally approves a merger in the electricity retail markets in Germany (Vattenfall, Nuon)
Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
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Autorità per l’Energia Elettrica e il Gas
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DG COMP (Brussels)
"The Vattenfall / Nuon Energy case — Upholding competition on electricity retail markets in Germany"* I. Introduction The Vattenfall/Nuon case concerned the merger between two energy utilities with activities in both electricity and gas markets. However, the only significant overlaps between (...)

The French competition authority specifies under which conditions a merger is likely to affect competition in local markets and validates behavioural remedies due to the economic crisis (Caisse d’Epargne and Banque Populaire)
Freshfields Bruckhaus Deringer (Paris)
,
Freshfields Bruckhaus Deringer (Paris)
Since it was granted jurisdiction over mergers, the Competition Authority (hereafter “the Authority”) gave its first decision of approval with commitments on June 22, 2009. Even though it was a Phase I decision, the Authority performed a very thorough analysis of the operation’s impact, especially (...)

The UK OFT accepts the application of the "Failing Firm Defence" in retail stores acquisition (HMV, Zavvi)
Linklaters (Hong Kong)
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Cadwalader Wickersham & Taft (Brussels)
On 14 May 2009, the Office of Fair Trading (OFT), the UK’s competition agency, allowed an application of the « failing firm defence » under UK competition law, thereby clearing the HMV/Zavvi retail store acquisitions to proceed. The UK is one of the few jurisdictions to have explicitly recognised (...)

The UK OFT refers two mergers in the market for local bus services to the Competition Commission (Stagecoach Group of Eastbourne Buses - Cavendish Motor Services)
Desogus Law Office (Cagliari)
The Office of Fair Trading (OFT) has recently referred to the Competition Commission (CC) two mergers between local bus operators . In October and December 2008, Stagecoach acquired the entire share capital of two Eastbourne local bus operators, first Eastbourne Buses and Cavendish Motor (...)

The Romanian Competition Council clears 3 mergers in the retail sale market (Carrefour/Artima - Delhaize/La Fourmi - Auchan/MGV)
Peli Filip (Bucharest)
,
Peli Filip (Bucharest)
During the past years the Competition Council (the “Council”) was engaged in quite an intense activity of merger clearance, as the constant growth of Romanian economy attracted both national and international investments. A significant increase was registered particularly on the market of retail (...)

The US FTC agrees to settle a merger case with US leading organic food supermarket (Whole Foods Market)
Jones Day (Houston)
,
Jones Day (Washington DC)
Today the Federal Trade Commission and Whole Foods Markets settled the FTC’s challenge to Whole Foods‘ 2007 acquisition of Wild Oats Markets, which the agency alleged would lessen competition in the operation of « premium natural and organic supermarkets. » Although not an unmitigated victory for (...)

The Spanish National Competition Authority conditionally clears a merger in the supermarket sector (Supermercados Sabeco/Galerías Primero)
PwC (Madrid)
The operation The operation involved the acquisition of 100% of Galerías Primero by Auchan, through its subsidiary Sabeco. The Auchan group is a French-based multinational company specialising in the operation of retail stores, mainly hypermarkets and supermarkets. In Spain, the main brands of (...)

The UK Office of Fair Trading (OFT) reviews a merger between two radio broadcasters and required radio station divestments to resolve competition concerns in the East and West Midlands (Global Media / GCap)
Vodafone (Newbury)
The operation Global Radio UK Limited (Global) is a privately-owned UK based commercial radio group with nine local radio stations that operate in London, the Midlands and the North of England. GCap Media plc (GCap) is a public company listed on the London Stock Exchange. It owns a (...)

The Portuguese Competition Authority announces the withdrawal of a merger notification in phase II in the market of refining, transport, distribution, marketing, exploitation and search activities of crude oil and its derivatives and natural gas (Petrogal / Fuel Stations)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Gleiss Lutz (Stuttgart)
On 16 January 2009, the Portuguese Competition Autority (Autoridade da Concorrência : “AdC”), pursuant to Article 112 (1) of the Code of Administrative Procedure, announced the lapsing of the notification proceedings regarding the acquisition, by the undertaking Petróleos de Portugal - Petrogal, (...)

The French Minister of Economy clears in Phase I a merger in the market for free newspapers with classified ads (Spir-S3G / JV)
PagesJaunes
In 2006, prior to the transaction at hand, the French Minister of Economy (heareafter the ‘Minister’) cleared the Spir-S3G/JV transaction, subject to undertakings, whereby two joint ventures between Spir Communication (‘Spir’) and the Société des Gratuits de Guyenne et Gasconne (‘S3G’) (together (...)

The Italian watchdog imposes in phase II significant divestitures while clearing a merger in the bank sector (Antonventa/Monte dei Paschi di Siena)
Ughi e Nunziante Studio Legale
On 23 July 2008 the Italian Antitrust Authority (the IAA) published a conditional clearance decision after a second-phase investigation concerning the acquisition by Banca Monte dei Paschi di Siena (MPS) of sole control over Banca Antonveneta (Antonveneta) and its subsidiaries. Before (...)

The European Commission refers the examination of a proposed acquisition to the Czech Competition Authority (REWE/Plus Discount)
J G Associates (Brussels)
,
DG COMP (Brussels)
"Mergers: main developments between 1 May and 31 August 2008"* In July, following a request of the Czech Competition Authority under the EC Merger Regulation, the Commission decided to refer the acquisition of Plus Discount (Czech Republic) by REWE (Germany) to the Czech Competition Authority (...)

The German Federal Cartel Office clears the merger of two large retail chains of discount food stores subject to the divestiture of a large number of discount stores (Tengelmann/EDEKA)
Humboldt University (Berlin)
The operation On 28 December 2008, EDEKA and Tengelmann notified the German Federal Cartel Office (FCO) of their intention to merge their food discount chains Netto-Marken Discount (“Netto”) and Plus Warenhandelsgesellschaft mbH (“Plus”). EDEKA is Germany’s largest food retailer and owned the (...)

The UK OFT publishes its full decision on the acquisition in the market of supply of DIY and home enhancement products through national DIY retail chains (Home Retail Group/Focus)
UK Competition Appeal Tribunal (London)
,
Kirkland & Ellis (London)
On 31 December 2007, Home Retail Group (HRG) acquired 27 leasehold properties from Focus DIY. On 12 May 2008 the OFT released its full decision on the acquisition, requiring a single store (in Woking) to be divested.* In its press release the OFT said: "This case raises important wider issues, (...)

The German Federal Cartel Office clears merger between book suppliers despite high market shares in a local market (Karlsruher Buchmarkt)
Compass Lexecon (Hong Kong)
Summary On 30 April 2008 the German Federal Cartel Office (FCO) cleared a merger between two book suppliers despite high market shares in a local market. Although the FCO left open the question of whether online book sales belong to the relevant product market, it considered online book sales (...)

The French Minister of Economics clears with remedies a merger in the retail sector subject to outlets divestment and commitment not to expand or open new outlets (Vivarte/Super Sport)
French Competition Authority (Paris)
The operation In this case, the Minister cleared the acquisition of Vivarte and Supersport with remedies. Both companies are retailers of shoe, clothes and sport equipments. The market(s) The relevant markets were the retail market of low-cost clothes and the retail market of low-cost shoe. (...)

The Portuguese Competition Authority clears in phase I a merger in the discount retail distribution with structural remedies (Pingo Doce/Plus)
Uria Menéndez (Lisbon)
On 29 April 2008, the Portuguese Competition Authority (the “AdC”) adopted a merger control decision in accordance with Law 18/2003 of 11 June (the Portuguese Competition Law), which approved the proposed acquisition of Plus Portugal (the Tengelmann Group’s food-related distribution ‘discount’ (...)

The Belgian Competition Council conditionally clears a merger in phase II between several owners of cable networks for telecommunications services in Wallonia (Tecteo/Brutele - Câble Wallon)
Freshfields Bruckhaus Deringer (Hong Kong)
The operation Following a Phase II review, by decision dated 25 April 2008 the Council authorized the two-stage merger resulting in the acquisition of control by Tecteo of certain cable networks in Wallonia. The concentration involved several associations of local authorities transferring (...)

The French Minister of Economics cleared with remedies a merger in the retail sector subject to outlets divestment and commitment not to expand or open new outlets (Vivarte/Défi Mode)
French Competition Authority (Paris)
The operation In this case, the Minister cleared the acquisition of Vivarte and Défi Sport with remedies. Both companies are retailers of clothes. The market(s) The relevant market is the retail market of low-cost clothes. The geographic dimension of the market is local. Remedy 1 Divestment (...)

The Italian Competition Authority to consider remedies in a new banking merger (MPS/Antonveneta)
Freshfields Bruckhaus Deringer (Rome)
,
ASP (c/o Johnson & Johnson Medical NV - Belgium)
The Italian Antitrust Authority (the IAA) has recently opened a second-phase investigation in relation to the transaction through which Monte dei Paschi di Siena (MPS) will acquire Banca Antonveneta (Antonveneta). Antonveneta is the bank which in 2005/2006 was the subject of the hard-fought (...)

The UK Office of Fair Trading cleared an acquisition in the market for regional newspapers, subject to the divestment of two newspaper titles (Dunfermline/Trinity Mirror)
Geneva University
The operation On 4 February 2008, the UK Office of Fair Trading (OFT) cleared the acquisition by Dunfermline Press Limited (DPL) of the Berkshire regional newspapers business of Trinity Mirror plc (Trinity Mirror), subject to the divestiture of two titles. The acquisition had taken place on (...)

The German Federal Court of Justice confirms a merger prohibition decision and the Court’s and NCA’s assesment of the hospital sector (Rhön-Klinikum / Rhön-Grabfeld)
Blomstein
Background In March 2005, the German Federal Cartel Office (FCO) for the first time blocked a hospital merger. The case concerned the acquisition of the district hospital in Bad Neustadt by Rhön-Klinikum AG , one of the largest privately held German hospital operators with more than 40 (...)

The French Minister of Economics clears a merger in the sector of mobile telephony products and services, including divestiture and behavioural commitments (France Telecom/Compagnie Européenne de Télévision)
University Paris II Panthéon‑Assas
The operation By a letter dated 4 January 2008, the French Minister of Economy, Finance, and Employment authorised a merger between two compagnies specialised in photography and mobile telephony products and services : France Telecom SA and Compagnie Européenne de Téléphonie SA (para. 1.1) (...)

The German Bundeskartellamt clears a merger in the gas supply market subject to the divestiture of minority stakes in two energy supply companies (E.ON Avacon/WEVG)
Baker McKenzie (Dusseldorf)
The operation On 25 September 2007, E.ON Energie AG (“E.ON Energie”) on behalf of E.ON Avacon AG (“E.ON Avacon”) notified the Bundeskartellamt of its intention to increase its stake in the equity capital of WEVG Wasser- und Energieversorgungsgesellschaft mbH Salzgitter (“WEVG”) from 10% to 50.2%. (...)

The Portuguese Competition Authority clears a merger in the food and fuel retail distribution markets with remedies, including limitation and reduction of sale areas and not to apply for new licences (Sonae/Carrefour)
PLMJ (Lisbon)
The operation Sonae Distribuição (Sonae) is a sub-holding of the Sonae Group which operates in food and non-food retail markets. Carrefour Portugal (Carrefour) is a company of the Carrefour Group which operates in food retail markets. Sonae proposed acquiring 99,8648% of Carrefour issued share (...)

The Portuguese Competition Authority clears in Phase I with behavioural and structural remedies a merger in the large food retail distribution sector (Carrefour/Sonae)
Uria Menéndez (Lisbon)
On 27 December 2007, the Portuguese Competition Authority (the “AdC”) adopted a merger control decision according to Law 18/2003 of 11 June (the Portuguese Competition Act), providing clearance to the envisaged acquisition of sole control over Carrefour’s hypermarket chain in Portugal (...)

The Spanish Competition Authorities clears a merger - referred back from the EC Commission - in the hard discount large retail distribution sector and adopts its first commitment decision under the new competition regime (DIA/Plus Supermercados)
Herbert Smith Freehills (Madrid)
The Spanish Competition Authorities (Comisión Nacional de Competencia) clears on 3 September 2007 the acquisition of Plus Supermercados (a company previously belonging to the Tengelmann Group, which operates 251 hard -discount stores in Spain) by DIA. The acquirer is a wholly-owned subsidiary of (...)

The British Office of Fair Trading approves in phase I without remedies another acquisition by Britain’s number one food retailer (Tesco/Kwik Save Stores)
Bond Dickinson
On 30 October 2007, the British Office of Fair Trading (“OFT”) announced its Decision on the proposed acquisition, notified by merger notice, by Tesco Stores Limited (“Tesco”) of two former Kwik Save Stores. The Decision came on the day of the OFT’s statutory deadline for deciding whether to refer (...)

The Dutch Competition Authority clears a merger in the press sector subject to divestment of free local papers (Mecom -Wegener)
Netherlands Authority for Consumers & Markets (The Hague)
,
Eversheds Sutherland (Amsterdam)
The operation The activities of Mecom and Wegener mainly involve the publishing of national and regional newspapers as well as free local papers. Mecom will acquire 75 % of Wegener’s share capital (Para. 5). The market(s) The NMa mainly assessed the effects of the proposed merger in relation (...)

The German Bundeskartellamt clears two downstream acquisitions of shares in the energy market subject to the divestiture of a minority stake (RWE/SWKN)
Baker McKenzie (Dusseldorf)
The operation On 30 July 2007 RWE AG (“RWE”) on behalf of RWE Rhein-Ruhr AG (“RWE Rhein-Ruhr”) notified the Bundeskartellamt of two proposed transactions. The first, was for RWE Rhein-Ruhr to acquire a stake of 25% in Stadtwerke Krefeld Neuss AG & Co. KG (“SWKN”). The second transaction was (...)

The Lithuanian Competition Council clears a merger in the market for retail sale of daily consumer goods subject to stores divestments and termination of lease agreements (Maxima LT)
Raidla Lejins & Norcous
On 18 September 2008, the Competition Council of the Republic of Lithuania (hereinafter the “Competition Council”) conditionally cleared the proposed acquisition and lease of commercial premises by Maxima LT UAB (hereinafter “Maxima LT”) from independent retailers. According to the Competition (...)

The Latvian Competition Council clears two mergers in the petrol and diesel retail market after a detailed assesment of relevant geographical market and dominance issues (Lukoil, Baltija-Grima, OS ipasumi)
Cobalt Legal (Riga)
,
Raidla Lejins & Norcous (Riga)
On 14 September 2007 the Latvian Competition Council (“Competition Council”) adopted two decisions in cases n° 1467/07/05/19 and 1468/07/05/20 clearing the mergers between SIA Lukoil Baltija R (“Lukoil”) and SIA Grima (“Grima”), and between Lukoil and SIA OS ipasumi (“OS ipasumi”). The filings (...)

The French Minister of Economy sets out principles for the assessment of competition in markets that use Internet as media and conditionally clears in phase I a merger in the market for online classified advertisement (Spir / Schibsted)
RBB Economics (Brussels)
Introduction On 10 September 2007 the French Minister of Economy, Finances and Employment (hereafter the “Minister”) cleared the creation by Spir Communication and Schibsted ASA of a jointly owned company, subject to behavioural commitments (Decision C2007/19, hereafter “the Decision”). The new (...)

The Spanish Competition Authority authorises the acquisition of the second operator by the first operator in the Spanish market for bus transport (National Express Group -Continental Auto)
Lenz & Staehelin (Zurich)
On 16 May 2007 National Express Group PLC (NEG), the first regular bus transport service provider in Spain, notified the former Spanish first-tier competition authority (Servicio de Defensa de la Competencia, SDC) of the acquisition of control over Continental Auto SLU (Continental Auto), the (...)

The UK Competition Appeal Tribunal reviews merger remedies imposed by the OFT in a merger on the funeral services market (CGL/Fairways)
Brown Brothers Harriman (BBH) (Luxembourg)
A merger in funeral services was examined by the OFT On 24 March 2006, Co-Operative Group (CWS) Limited (hereafter “CGL”) purchased and acquired the control of the undertaking Fairways Group UK Limited (“Fairways”). CGL provides funeral services through its subsidiary Funeralcare business. More (...)

The UK Office of Fair Trading cleared a merger in funeral services and retail pharmacy and grocery markets, subject to divestments (Co-operative Group/United)
Eli Lilly and Company (London)
The operation Co-operative Group (CWS) Limited (“CGL”) is the UK’s largest co-operative society and is active in a range of sectors including banking, insurance, property investment, the retailing of footwear, travel, pharmacy, funeral services and groceries. United Co-operatives Limited (...)

The Polish Competition Authority clears a merger in the retail distribution sector with remedies, including stores divestiture (Carrefour/Ahold)
Clifford Chance (Warsaw)
The operation In the decision of 28.06.2007, the President of the OCCP consented to the takeover of Ahold Polska by Carrefour subject to a structural remedy. The market(s) The relevant product market of the concentration is the market of food and non-food retail through modern channels of (...)

The Italian Competition Authority cleared an acquisition on the cash and valuable transportation market with remedies including returning public licences (Investimenti /Securcontrol - Metropol)
Clifford Chance
,
Chiomenti (Rome)
The operation On 19 April 2007, the Competition Authority cleared with remedies the acquisition by BS, wholly controlled by BS Private Equity S.p.A. (BSPE), of three companies active in securities services, security consulting and in the sale, installation and maintenance of alarm systems. The (...)

The UK Office of Fair Trading clears a merger in the automobile distribution and servicing sector subject to the divestment of identified dealerships (Inchcape/European Motor Holdings)
Serle Court
The operation Inchcape plc (“Inchcape”) is an international automotive services group, primarily active in the import, distribution and retail of new and used motor vehicles and the provision of financial services. It operates 117 franchises for a range of motor vehicle marques. European Motor (...)

The Spanish Tribunal for the Defence of Competition unconditionally clears in phase II a merger in the beer sector (Mahou-San Miguel / Cervezas Alhambra)
Associated British Foods (London)
Introduction In November 2006, Mahou-San Miguel (GMSM), the leading Spanish brewing company, notified the Spanish first-tier competition authority (Servicio de Defensa de la Competencia, SDC) the acquisition of control over Alhambra, a competing brewery operating mainly in the Andalusia (...)

The Swiss Federal Court confirms the quashing of two merger clearance Competition Commission’s decisions by applying a strict substantive test for merger control (Swissgrid / Berner Zeitung)
Këllezi Legal (Geneva)
The Swiss Federal Court has dismissed two Competition Commission’s appeals relating to merger control (decision of February 13, 2007 (Swissgrid), and of February 22, 2007 (Berner Zeitung). The Swiss Federal Court rulings build a strict standard for merger control in Switzerland by stating the (...)

The UK Competition Commission clears in phase II a merger between two marine services companies conditional to structural remedies (SvitzerWijsmuller - Adsteam Marine Limited)
Brown Brothers Harriman (BBH) (Luxembourg)
On 3 July 2006, Svitzer Wijsmuller A/S made an Offer to acquire all the shares of Adsteam Marine Limited . This proposed merger between two tugboat operators was conditional on the clearance of the UK merger control authorities. Facts and timing of the merger transaction The acquiring (...)

The Italian Antitrust Authority opens a new Phase II review in the banking sector (Banche Popolari Unite-Banca Lombarda e Piemontese)
Freshfields Bruckhaus Deringer (Rome)
,
WilmerHale (Brussels)
Following the change of competences occurred in 2006, which granted to the Italian Antitrust Authority (IAA) full jurisdiction over the banking sector, the Italian competition watchdog continues to strictly scrutinize the consolidation process affecting financial and credit institutions in (...)

The Spanish National Competition Authority opens a merger phase II investigation in the brewing sector (Mahou-San Miguel / Cervezas Alhambra)
Sky (Milan)
Introduction In November 2006, Mahou-San Miguel (GMSM), a Spanish brewing company, notified the Spanish first-tier competition authority (Servicio de Defensa de la Competencia, SDC) the acquisition of control over Alhambra, a local brewer operating mainly in the Andalusia region. Alhambra has (...)

The German Federal Cartel Office vetoes a merger of two public hospitals (Greifswald University Hospital / Wolgast Hospital)
Freshfields Bruckhaus Deringer (Berlin)
,
Freshfields Bruckhaus Deringer (Berlin)
1. Introduction In the past few years, the German hospital sector has undergone a process of consolidation due to the privatisation of a large number of hospitals held by local communities or the regional federal states (Länder). The German Federal Cartel Office (FCO) cleared the vast majority (...)

The French Minister of Economy clears without conditions a merger in the press sector (Le Monde/ Hachette Fillipacchi)
Fréget (Paris)
,
Lagardère (Paris)
Minister of Economy, Finances and Industry, 6 October 2006, Letter to the Counsels of Le Monde editing society regarding a concentration in the edition sector (C2006-82) (“Lettre du Ministre de l’économie, des finances et de l’industrie du 6 octobre 2006, aux conseils de la société éditrice du (...)

The UK Office of Fair Trading clears a merger in the market for funeral services, subject to the divestment of funeral businesses in five areas (Co-op/ and Fairways)
Added Value Capital Partners (AVCP)
The operation The Co-operative Group (CWS) Limited (“CGL”) is active in the UK in food retailing, pharmacies, banking, travel agency and optical services. It supplies funeral services through its Funeralcare business. Funeralcare also manufactures coffins and wholesales funeral accessories such (...)

The UK Office of Fair Trading clears a merger in the retail pharmacy services sector, subject to the divestment of four retail pharmacies (Admenta Lloyds/IPCC)
Eli Lilly and Company (London)
The operation Lloyds is owned by Admenta Holdings Limited, a subsidiary of the German company Celesio AG, which also owns the pharmaceutical wholesaler AAH. Independent Pharmacy Care Centres plc (IPCC) comprises 34 retail pharmacies and one drug store (the latter does not have an NHS (...)

The French Minister of Economics conditionally clears a merger in the markets of free newspapers (SPIR / S3G)
University Paris II Panthéon‑Assas
The operation By a letter dated 31 May 2006, the French Minister of Economy, Finance, and Employment authorizes the merger between Spir Communication SA (Spir) and the Société des Gratuits de Guyenne et Gascogne SA (S3G). The merger created a joint-venture, “S3G Com”, running the publication of (...)

The Swiss Commission of Appeals for Competition Matters upholds an appeal to a decision of the NCA prohibiting the acquisition of common control of a free daily newspaper but made it subject to a remedy (Berner Zeitung / Tamedia)
Imperial College Business School (London)
The operation Espace Media Group SA (EMG) through Berner Zeitung AG and Tamedia AG were planning to acquire through a joint undertaking stakes in the free daily newspaper ‘20 Minuten’. EMG is active in newspaper publishing, the electronic media sector, local radios and internet platforms. (...)

The UK Office of Fair Trading clears a merger in the market for the supply of retail pharmacy services, subject to the divestment of a large number of stores (Boots/Alliance Unichem)
Added Value Capital Partners (AVCP)
The operation Boots operates 1,423 health and beauty stores in the UK and operates pharmacies in 1,350 of these stores. It intended to acquire Alliance UniChem, an international pharmaceutical distribution company, which operates 958 pharmacies in the UK. The market(s) The OFT considered the (...)

The French Minister of Economics clears a horizontal merger in the markets of refrigerated warehouses with structural remedies (STEF-TFE/Cryologis)
University Paris II Panthéon‑Assas
The operation By a letter dated 6 January 2006, the French Minister of Economy, Finance, and Industry authorized the merger between two groups specialized in logistic and transport of fresh and frozen foods: STEF-TFE and Cryologistic. STEF-TFE acquired 100% share of Cryologistic Developpement, (...)

The European Commission partially clears a merger in the retailing sector and refers part of the examination to the Slovakian competition authority (Carrefour/Tesco)
J G Associates (Brussels)
,
DG COMP (Brussels)
"Mergers — Main developments between 1 January and 30 April 2006"* The proposed acquisition, which was notified on 4 November, involved the acquisition of sole control of the Czech and Slovak business of the undertaking Carrefour (France) by Tesco (UK). Tesco, based in the UK, is active in (...)

The French Minister of Economics clears a merger in the sector of large stores with structural remedies (Carrefour/Penny Market)
University Paris II Panthéon‑Assas
The operation By a letter dated 10 November 2005, the French Minister of Economy, Finance, and Industry authorized the merger between two groups of large stores : the French group Carrefour group (“Carrefour”) and Penny Market. Carrefour acquired, by its subsidiary “DIA”, 100% share of Penny (...)

The Finnish Competition Authority clears a merger in the telecommunication services market with remedies including divestment, commitments to grant access to infrastructure and hold separate commitments (Elisa/Saunalahti)
Grant Thornton (Helsinki)
The operation On 25 October 2005 the Finnish Competition Authority (Kilpailuvirasto) cleared, in a Phase II decision, a merger in the Finnish telecommunications market, in which Elisa Oyj acquired a controlling stake in Saunalahti Group Oyj. The market(s) The relevant markets in which (...)

The UK Office of Fair Trading clears a merger in the bookmaking sector, subject to the divestment of licensed betting offices in four specific localities (Hilton Group/Jack Brown)
Added Value Capital Partners (AVCP)
The operation Hilton Group plc (“Hilton”) through Ladbroke Racing (Reading) Limited (“Ladbroke”) provides bookmaking services through 1,973 licensed betting offices (LBOs) in the United Kingdom and also operates an internet and telephone betting business. Jack Brown (Bookmaker) Limited (“Jack (...)

The UK Competition Commission cleared a merger in the market for the cinema exhibition of films, subject to the divestment of one of the acquired cinemas (Vue Entertainment/A3 Cinema)
Geneva University
The operation On 29 April 2005, Vue Entertainment Holdings (UK) Limited (Vue) acquired sole control of A3 Cinema Limited (A3). The merger was cleared by the UK Competition Commission (CC) on 24 February 2006, subject to the divestment of a cinema in Basingstoke. Vue is a cinema exhibitor with (...)

The French Minister of Economics clears a merger in the markets of perfume and cosmetic products with structural remedies (Douglas/Lavigne)
University Paris II Panthéon‑Assas
The operation By a letter dated 22 August 2005, the French Minister of Economy, Finance, and Industry authorized the merger between the German law company, Parfümerie Douglas Company GmbH (“Douglas”), and the French law company, SA Lavigne (“Lavigne”). Douglas and Lavigne are specialized in perfume (...)

The German Bundeskartellamt cleared a merger in the building materials sector subject to remedies, including an extensive divestment package (Werhahn/Norddeutsche Mischwerke)
Baker McKenzie (Dusseldorf)
The operation On 21 February 2005 Basalt-Actien-Gesellschaft (“BAG”) notified the Bundeskartellamt of the proposed acquisition by Werhahn & Nauen of shareholdings in three companies from Norddeutsche Mischwerke NMW (“NMW”). The shareholdings comprised: 100% of the shares of Asphaltwerk (...)

The Irish Competition Authority cleared a merger in the market for construction materials subject to notification of all future acquisitions (Grafton/Heiton)
Geneva University
The operation On 6 January 2005 the Irish Competition Authority (“ICA”) cleared in Phase 2 the acquisition by Grafton Group plc (“Grafton”) of the 71% of the share capital it did not already own of Heiton Group plc (“Heiton”). Grafton is active in the market for building materials (“builders (...)

The French Minister of Economic Affairs clears a merger in the casinos markets subject to structural remedies (Accor/ Colony/ Barrière-Desseigne)
Brown Brothers Harriman (BBH) (Luxembourg)
The operation On 19 April 2004, the European Commission received a notification of a proposed merger in which the companies Accor and Colony and the Barrière-Desseigne family would join forces to set up the Lucien Barrière Group, a company which would bring together the casinos currently (...)

The UK Office of Fair Trading clears the acquisition of a rail passenger services franchise by an existing operator of rail and bus services subject to behavioral remedies (Arriva/ Wales and Borders rail franchise)
Added Value Capital Partners (AVCP)
The operation Arriva plc (“Arriva”) operates an extensive range of public transport services across the UK, including buses, trains and commuter coaches. Arriva Passenger Services Limited (“APS”) is the holding company for a number of bus subsidiaries, including companies which operate in Wales (...)

The German Bundeskartellamt clears a joint venture in the local public transport sector, under the condition that contracts for local public transport services be increasingly awarded through competitive procedures (DB Regio/Ustra Intalliance)
Baker McKenzie (Dusseldorf)
The operation On 7 July 2003 the Bundeskartellamt was notified of the proposal of DB Regio AG (“DB Regio”) and üstra Hannoversche Verkehrsbetriebe AG (“üstra”), to combine their local public transport activities in the greater Hanover area in the joint venture üstra intalliance AG (“intalliance”). (...)

The German Federal Cartel Office clears the acquisition by RWE of stakes in four public utility companies with remedies, comprising the sale of shares in two other public utility companies (RWE/Wuppertal/Velbert/Remscheid/Oberhausen)
Humboldt University (Berlin)
The operation On 29 June 2003 RWE Rhein-Ruhr (”RWE”) notified the German Federal Cartel Office (FCO) that it intended to acquire a number of shareholdings in the gas and electricity sectors. These acquisitions comprised: (i) 20% of the municipal public utility company of Wuppertal; (ii) 20% of (...)

The French Minister of Economy cleared in Phase II a merger in the press sector with structural and behavioural commitments, including bundling prohibition and termination of exclusive contract (France Antilles/Comareg)
French Competition Authority (Paris)
The operation In the case at hand, Vivendi Universal Publishing sold its entire equity interest in Comareg to France Antilles. Following the opinion given by the competition council, the Minister cleared the merger subject to structural and behavioral remedies. The market(s) The markets (...)

The French Minister of Economic Affairs clears a merger in the of Do-It-Yourself products market conditional to structural and behavioural remedies (Leroy Merlin)
Brown Brothers Harriman (BBH) (Luxembourg)
The operation On 30 October 2002, the European Commission received notification of Leroy Merlin’s plan to acquire control of Brico France, Brico Spain and Brico Portugal. Leroy Merlin, a French-based company controlled by the Mulliez family, which likewise controls Auchan, is also present in (...)

The Spanish Competition Authority cleared in phase II with remedies a merger in the retail sector, the Council of Ministries having upheld and extended the remedies proposed by the Authority (Caprabo/Enaco)
PwC (Madrid)
The operation The merger comprised Caprabo’s acquisition of 100% of Enaco, implemented through a takeover bid which was conditional on purchasing at least 80% of Enaco’s shares. Caprabo is a company with operations in retail distribution, with 390 supermarkets and hypermarkets in eight (...)

The German Federal Cartel Office clears a merger in the cooperative wholesale and retail sectors, subject to the divestiture of business sites (BayWa/WLZ)
E.CA Economics (Berlin)
The operation On 14 May 2001 BayWa AG (BayWa) notified the Federal Cartel Office (FCO) of its plan to acquire WLZ Raiffeisen AG (WLZ). The same transaction had been proposed ten years earlier (1991), when the FCO prohibited the merger. BayWa is a cooperative society which principally acts as (...)

The European Commission refers to the German Bundeskartellamt a joint venture offering local public transport services in Germany (Connex/DNVG)
DG Economic and Financial Affairs (ECFIN) (Brussels)
,
DG COMP (Brussels)
,
Financial Conduct Authority (London)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The European Commission referred to the German competition authorities (Bundeskartellamt) a joint venture by which Connex Verkehr GmbH, a subsidiary of the French Vivendi group, and Deutsche (...)

The Spanish Supreme Court annuls a merger prohibition decision in the local bus transport sector as the operation was already tacitly cleared (Salcai / Utinsa)
Cuatrecasas, Goncalves Pereira (Madrid)
,
Cuatrecasas, Goncalves Pereira (Madrid)
On April 1, 2002, in the case Salcai/Utinsa, the Spanish Supreme Court (Tribunal Supremo, TS) for the first time annulled completely a decision adopted by the Council of Ministers regarding the prohibition of a merger. Background The parties involved in the merger were two local transport (...)

The European Commission partially refers to the German Bundeskartellamt a proposed acquisition in the market for wall building materials (Haniel/Ytong)
DG COMP (Brussels)
,
Financial Conduct Authority (London)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* Shortly after the decisions were taken to open a Phase 2 investigation as well as to refer part of the Haniel/Fels case to the Bundeskartellamt, Haniel was involved in a case with Ytong which involved the (...)

The European Commission refers to the German Bundeskartellamt the examination of the impact of part of a proposed acquisition in the German wall building materials markets (Haniel/Fels)
DG COMP (Brussels)
,
Financial Conduct Authority (London)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* On 17 October 2001 the Commission referred to the Bundeskartellamt the examination of the impact of part of the proposed acquisition by Haniel Baustoff-Industrie Zuschlagstoffe GmbH of Fels-Werke GmbH (...)

The German Bundeskartellamt clears a merger in the energy sector subject to remedies, including access to infrastructure, publication of prices and extraordinary contract cancellation rights (Trienekens/Stadtwerke Viersen)
Baker McKenzie (Dusseldorf)
The operation On 27 December 2000 the parties notified the Bundeskartellamt of the proposed acquisition by Trienekens Niederrhein GmbH & Co. KG (“Trienekens”) of 49% of the equity capital of Stadtwerke Viersen GmbH (“Stadtwerke”) from the Stadt Viersen, its sole shareholder. Trienekens is (...)

The Spanish Competition Authority cleared a merger with divestment remedies in the retail distribution sector; in phase II, the Council of Ministries upheld and extended the remedies (Pío Coronado / Cemetro)
PwC (Madrid)
The operation The merger involved the acquisition of 100% of Cemetro’s shares by Pío Coronado. Pío Coronado was a large retail distributor in the Canary Islands, with 107 stores comprising hypermarkets (6), supermarkets (81) and smaller stores located on beachfronts (20). Pío Coronado was also (...)

The Czech Competition Office cleared a merger in the water treatment sector subject to a price increase cap (Prague Water CGE-AW/PVK)
Clifford Chance
The operation The merger resulted from a privatisation project based on the decision of the Czech government to transfer the 100 % of shares in Pražské vodovody a kanalizace, a.s. ("PVK") owned by the Czech Republic to other entities. Consequently, the 34 % of shares in PVK were transferred for (...)

The Czech Competition Office clears a merger in gas sector involving four entities subject to a remedy (Prague Municipality, RWE, RUHRGAS / PP)
Clifford Chance (Prague)
The operation The proposal submitted by the parties contained description of the operation. However, many substantial aspects of the transactions remain undisclosed being a business secret. According to the available information, Prague Municipality ("PM"), RWE Energie Aktiengesellschaft (...)

The Czech Competition Office clears in phase II a merger in the electricity sector subject to refraining from efforts to gain sole control over energy distributors (Prague municipality, RWE, GESO/PR)
Clifford Chance (Prague)
The operation The proposal submitted by the parties contained description of the operation. However, many substantial aspects of the transactions remain undisclosed as a commercial secret. According to the available information, Prague Municipality ("PM"), RWE Energie Aktiengesellschaft (...)

The French Minister cleared a merger in the oil products sector subject to divestiture remedies (Elf Aquitaine / TotalFina)
French Competition Authority (Paris)
The operation The concentration consists of a public take-over bid by TotalFina for all the shares in Elf Aquitaine held by the public. Both parties are active in the production of petroleum and gas, refining, distribution of petroleum products, petrochemicals and speciality chemicals. The (...)

State Aid

The EU Court of Justice holds that public service obligations must be properly defined via an official act or an administrative decision (Castilla-la-Mancha State aid’s)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The European Commission finds a measure allowing a rental agreement to accommodate medical practitioners at a preferential rate not to constitute State aid for being to limited and lacking of affectation of interstate trade (Medical centre in Durmersheim)
College of Europe (Bruges)
Germany Scores a Hat-trick of Non-Aid Measures!* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That (...)

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

The European Commission finds a measure aimed at helping public hospitals not to constitute State aid because it did not affect the trade between member States (Hradec Králové Region)
College of Europe (Bruges)
SA.37432: Public hospitals in the Hradec Králové Region, Czech Republic* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of (...)

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

The European Commission finds a measure not to constitute State aid because the services provided occurs at a local level and is thus unlikely to attract customers from other member States to any meaningful degree (Community Amateur Sports Clubs)
College of Europe (Bruges)
SA.38208: Member-owned golf clubs, UK* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That seven (...)

The EU Commission concludes that the aid in the land purchase was compatible with the internal market under the regional aid guidelines (Habidite Alonsogeti)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants* Reduced commercial risk: Commission Decision 2013/198 on aid to Habidite Alonsogeti (ES) Habidite Alonsogeti (HA) was involved in the construction of social (...)

The Finnish Administrative Court rejects alleged State aid element in a land sale and revokes previously granted interim measure (Haukivuori Municipal Council)
Dittmar & Indrenius (Helsinki)
Factual Background Haukivuori Municipal Council had decided to sell two pieces of land to a real estate company to be established. The municipality was going to be a major shareholder in the new company. The total purchase price was 7,900 euros and the new real estate company was intended to (...)

A Swedish Administrative Court annuls a decision of a municipal council to sell a swimming arena but refuses to consider the EC State aid point of view on the basis of possible de minimis exemption (Ingolf Falk)
Mercer Sverige (Stockholm)
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General Court of the European Union (Luxembourg)
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Öberg & Associés
Factual background The applicant is a local resident. He appealed the municipal council in Övertorneå’s decision to sell a swimming arena for 1,00 SEK to the Administrative Court. The sale was not preceded by a public bidding procedure, nor by any independent expert evaluation of the property (...)

A Swedish Administrative Court finds that an agreement on sale of and decontamination of a piece of land constitutes illegal State aid under national law as well as under the EC law (Egeskans)
Mercer Sverige (Stockholm)
,
General Court of the European Union (Luxembourg)
,
Öberg & Associés
Factual Background The municipal council in Karlskrona decided to sell a piece of land to the building contractor NCC for 5 million SEK. Moreover, it was agreed that the municipality should pay the costs of NCC decontaminating the land (which was required if the land was to be exploited). The (...)

The Finnish Administrative court holds that alleged State aid measures falls within the "municipal sphere of authority" (Kiinteistö Oy Säästöloma)
Dittmar & Indrenius (Helsinki)
Factual Background A number of companies operating in the hotel and accommodation business had contested the decision of Nurmes City Council, whereby it had decided on various measures in order to promote tourism and employment in that area. The City Council had, amongst other things, (...)

The Romanian Competition Council approves a regional state aid scheme aimed at supporting environmentally friendly investments
European Security Transport Association (ESTA)
The Romanian Competition Council (the “Council”) has approved an investment scheme targeted at granting regional state aids for the promotion of clean, environmental friendly, technologies and for the production of energy using renewable resources. The Council has informed the European Commission (...)

A Swedish Court rules on alleged illegal State aid from the City of Stockholm to promote local broadband infrastructure (Thomas Svensson)
Mercer Sverige (Stockholm)
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Hudson Advisors (London)
Introduction There are no specific rules with regard to state aid in Sweden and the number of cases brought before a Swedish court are few. This, of course, causes a certain amount of unpredictability and uncertainty as regards the application of the EC state aid rules in the national legal (...)

The Finnish Supreme Administrative court prohibits the enforcement of a national measure aiming at subsidizing a construction project by an undertaking majority-owned by the national authority granting the aid until the Commission has taken its final decision on the matter (Dalbo Affärsfastigheter Ab)
Dittmar & Indrenius (Helsinki)
Factual Background The applicant is a company operating within the construction, sale and leasing of business premises in the province of Åland. It contested the decision of the Province Government of Åland, by which the government granted a provincial guarantee of 2,587,500 euros for the (...)

An Italian regional administrative Court holds that the decisions of local authorities to confer the management of the service without any invitation to tender do not breach State aid rules if specific conditions are met (Municipality of San Mauro Torinese)
EUJUS Law Firm (Rome)
Factual background The applicant was a municipality located in the Region of Piedmont. Pursuant to Regional Law No. 24/2002, providing that the waste disposal service shall be managed by means of compulsory consortia managed by Municipalities, the applicant joined the Consorzio di Bacino 16 (...)

Procedures

The US Court of Appeals for the Third Circuit potentially widens the opening for additional classes of plaintiffs to assert claims for antitrust injury (Hanover 3201 Realty / Village Supermarkets)
Patterson Belknap Webb & Tyler (New York)
,
Patterson Belknap Webb & Tyler (New York)
Third Circuit Provides Clarity to “Inextricably Intertwined” Basis of Antitrust Injury in Partially Reinstating Claims Against ShopRite* On November 12, 2015, the Third Circuit Court of Appeals issued an opinion partially reversing the dismissal of the plaintiff’s claims in Hanover 3201 Realty, (...)

The Moldovan Competition Authority orders the administrations of the agricultural markets to accord priority to the individual producers of agricultural products (Agromarkets)
Faculty of Law - University of Macau
On 30 July 2009 the Moldovan Competition Authority (ANPC) following an investigation of competitive conditions on the agricultural markets in the Moldovan capital of Chisinau ordered the administrations of these markets to accord priority to the individual producers of agricultural products. (...)

The UK Competition Appeal Tribunal rules, for the first time ever, against a Competition Commission’s market investigation remedy (Tesco)
RBB Economics (London)
Summary On 4 March 2009 the UK Competition Appeal Tribunal (CAT) upheld Tesco’s appeal against a remedy proposed by the Competition Commission (the Commission) based on its wide-ranging investigation into the UK grocery market published on 30 April 2008. Tesco had challenged only one aspect of (...)

The UK Competition Commission proposes remedies for the groceries sector (Groceries Market)
Ofcom (London)
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Casino (Paris)
Summary The Competition Commission took almost two years to analyse the grocery market in the UK. This extensive investigation gives an insight into the purpose of Market Investigations under the Enterprise Act, and the ways in which they can complement more standard competition law. The (...)

Regulatory

The Mexican Competition Authority issues an opinion concerning the transport regulation in the State of Tlaxcala
Mexican Competition Authority (Mexico City)
COFECE recommends that the State of Tlaxcala review its transportation regulation* The Federal Economic Competition Commission (COFECE) issued an ex-officio opinion for the Tlaxcala State Government and its local Congress to review the State’s Communications and Transport Law (CTL), its (...)

The UK Office of Fair Trading issues a short form opinion clarifying the application of competition law to recommendations by two rural associations to their members concerning the prices to be charged for access to land (Broadband Wayleave Rates)
Herbert Smith Freehills (London)
Introduction The Office of Fair Trading (’OFT’) in a Short Form Opinion dated 23 August 2012 has indicated that a proposed price recommendation to be made by two rural associations, the National Farmers’ Union (NFU) and the Country Land and Business Association (CLA) (collectively the Parties) (...)

The OECD holds a roundtable on methods for allocating contracts for the provision of regional and local transportation services
OECD - Competition Division
Executive summary, by the Secretariat * Considering the discussion at the roundtable, the delegates’ submissions, as well as the panellists’ presentations and papers, several points emerge: (1) Restrictions on the number of licences in taxi markets are a key impediment to competition and to the (...)

The French Competition Authority issues an opinion on the fuel prices in the French overseas departments
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Fuel prices in the overseas départments (DOM): The Autorité de la concurrence has ascertained deviations from the current regulation : it recommends strengthening the price regulations applicable to monopolies (...)

Public sector

The French Competition Authority fines three companies for bid-rigging in the public lighting sector (Lapize de Sallée)
French Competition Authority (Paris)
Public lighting in Ardèche* The Autorité de la concurrence has fined a company in Ardèche for entering into agreements with competitors to secure public procurement contracts Following an investigation by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) (...)

The Chinese NDRC investigates on administrative monopolies in drug procurement for public hospitals in Shenzhen and Guanxian
University of Melbourne
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University of Melbourne
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China Competition Bulletin (Beijing)
The NDRC, its local Guangdong bureau, and the SAIC recently investigated separate administrative monopoly cases involving drug procurement for public hospitals. Previously, the NDRC and its local offices had investigated drug procurement practices by local health and family planning commissions (...)

The Chinese NDRC and Guangdong Development and Reform Commission find abuses of administrative power of Shenzhen Municipal Education Bureau (School supplies)
China Competition Bulletin (Beijing)
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University of Melbourne
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Hogan Lovells (Beijing)
The NDRC and the Guangdong Development and Reform Commission (Guangdong DRC) found that the Shenzhen Municipal Education Bureau (SMEB) violated Articles 8, 34, and 36 of the AML in its procurement of student supplies in 2011 and 2014. First, the SMEB guided businesses to make and implement a (...)

The French Competition Authority condemns a maritime transport operator for abusive conducts perpetrated in a tender procedure regarding the assignation of the Marseille/Corsica maritime links to be provided under a public service obligation (SNCM)
Desogus Law Office (Cagliari)
The French Competition Council (FCC) has imposed a € 300,000 fine on Société National Maritime Corse Méditerranée (SNCM) for abusing its dominant position by offering a global indivisible bid in the tender procedure for the assignation of a number of maritime routes linking Marseille with Corsica to (...)

A Dutch Court refuses to suspend in interim proceedings an "in house" concession for public bus transport in Rotterdam (Connexxion / Stadsregio Rotterdam)
Arendt & Medernach (Luxembourg)
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NautaDutilh (Luxembourg)
Facts of the case 1. On 31 October 2007, the City-Region (Stadsregio ) of Rotterdam, regrouping several local authorities in the Rotterdam region, has suspended an EU-wide public tender procedure. It did so in order to anticipate a forthcoming amendment of the Dutch regulatory framework for (...)

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