Anticompetitive object/effect

Anticompetitive practices

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

The French Competition Authority fines three sandwich manufacturers for creating a cartel (Roland Monterrat / La Toque Angevine / Daunat)
Bird & Bird (Paris)
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Bird & Bird (Paris)
The French Competition Authority (“FCA”) recently fined the three main French manufacturers of sandwiches for mass retail distribution for having implemented a volume and customer allocation plan over a six-year period and agreed on the price level to be offered to their customers (€24.5 million (...)

The Australian Federal Court approves a plan for an airline company to pay its fine in installments (Garuda)
Australian Competition and Consumer Commission (Canberra)
Garuda drops appeal, to pay $19m price fixing penalty in instalments* The Federal Court has approved a payment plan for airline PT Garuda Indonesia Ltd (Garuda) to pay a $19 million penalty the Court previously ordered relating to a long-running ACCC action against a global price fixing cartel (...)

The US DoJ charges two clinical directors for price-fixing for health care workers and obstructing the FTC’s investigation
US Department of Justice - Antitrust Division (Washington)
Second Individual Charged with Fixing Wages for Health Care Workers and Obstructing FTC Investigation* A federal grand jury in the Eastern District of Texas returned a superseding indictment charging two Texas men with conspiring to fix prices by lowering rates paid to certain health care (...)

The Russian Competition Authority initiates an investigation against a national internet-based service provider (Yandex)
Russian Federal Antimonopoly Service (Moscow)
The FAS Russia has initiated case against Yandex* The company has not fulfilled the warning of the FAS Russia on termination of discriminatory conditions in the market of web search On February 20, 2021 the FAS Russia issued a warning to Yandex LLC, according to which the organization had a (...)

The German Competition Authority ensures equal opportunities for online sales regarding a national equipment manufacturer’s distribution model (Liebherr)
German Competition Authority (Bonn)
Bundeskartellamt ensures equal opportunities for online sales in the new Liebherr distribution model* After an intervention by the Bundeskartellamt, Liebherr-Hausgeräte Vertriebs- und Service GmbH has agreed not to use certain clauses in its sales conditions which in the authority’s preliminary (...)

The US DoJ indicts a bidder for bid-rigging at an online auction for surplus Government equipment (GSA)
US Department of Justice - Antitrust Division (Washington)
Bidder Pleads Guilty to Riggings Bids at Online Auctions for Surplus Government Equipment* A Missouri man pleaded guilty today to rigging online bids submitted to the General Services Administration (GSA). According to court documents, Alan Gaines pleaded guilty to the one-count indictment (...)

The US DoJ indicts a health care staffing company for collusion in order to suppress wages of school nurses (VDA OC)
US Department of Justice - Antitrust Division (Washington)
Health Care Staffing Company and Executive Indicted for Colluding to Suppress Wages of School Nurses* Alleged allocation and wage-fixing scheme targeted nurses staffed at the Clark County School District who were serving medically fragile students. A federal grand jury in Las Vegas, Nevada, (...)

The EU Court of Justice dismisses the appeals lodged by two telecommunications companies against the judgments of the General Court relating to anticompetitive practices on the Slovak market (Slovak Telekom) (Deutsche Telekom)
European Court of Justice (Luxembourg)
The Court of Justice dismisses the appeals lodged by Slovak Telekom and Deutsche Telekom against the judgments of the General Court relating to anticompetitive practices on the Slovak telecommunications market* The fine of € 38 061 963, for which those two companies were found jointly and (...)

The EU Court of Justice provides guidance on the circumstances in which an infringement of competition law can be imputed to a parent company (Slovak Telekom) (Deutsche Telekom)
Ashurst (London)
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Ashurst (Brussels)
In its ruling in Deutsche Telekom v Commission (C-152/19 P), the European Court of Justice ("ECJ") provided guidance on the application of the Bronner case law to refusal to supply cases, as well as on the relevant facts, and on the circumstances in which an infringement of competition law can (...)

The EU Court of Justice confirms the pay-for-delay infringement decision in the pharmaceutical sector (Lundbeck)
Van Bael & Bellis (Brussels)
On 25 March 2021, the European Court of Justice (“ECJ”) dismissed all appeals against the 2016 rulings of the General Court which had upheld the European Commission’s (“Commission”) decision to fine Lundbeck and four generic pharmaceutical companies (Merck, Alpharma, Arrow and Ranbaxy) for (...)

The EU Court of Justice dismisses appeals by several manufacturers of medicines regarding pay-for-delay patent settlement agreements (Lundbeck)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 25 March 2021, the Court of Justice of the European Union (CJEU) dismissed all appeals against the decision of the European Commission (the Commission) to fine Lundbeck and four generic pharmaceutical companies (Alpharma, Arrow, Merck, and Ranbaxy) for concluding “pay-for-delay” patent (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines involved in an agreement seeking to delay the marketing of the generic antidepressant citalopram (Lundbeck)
White & Case (Brussels)
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White & Case (Dusseldorf)
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White & Case (Brussels)
On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission’s decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement agreements. The judgments largely repeat the position taken by the ECJ (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines and upholds the Commission’s decision regarding a pay-for-delay infringement (Lundbeck)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
On 25 March 2021, the Court of Justice of the EU (“CJEU”) dismissed the appeals by Lundbeck and five producers of generic medicines against the General Court’s (GC) judgments that upheld the Commission’s decision and the fines it had imposed in its first pay-for-delay infringement decision in 2013. (...)

The Australian Federal Court fines a sports brand for resale price maintenance (FE Sports)
Australian Competition and Consumer Commission (Canberra)
FE Sports to pay $350,000 penalty for resale price maintenance* The Federal Court has ordered wholesale distributor B & K Holdings (QLD) Pty Ltd, trading as FE Sports, to pay a $350,000 penalty after it declared by consent that FE Sports engaged in resale price maintenance in relation to (...)

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

The UK Competition Authority disqualifies two former directors for participating in a cartel in the construction industry (Stanton Bonna Concrete / CPM / FP McCann)
United Kingdom’s Competition Authority - CMA (London)
Directors disqualified over illegal construction cartel* The CMA has secured the disqualification of 2 former directors of Northern Ireland-based firm FP McCann Ltd for their parts in an illegal construction cartel. The move follows the Competition and Market Authority’s (CMA) 2019 decision (...)

The Italian Highest Administrative Court refers the dispute of a pharmaceutical company to the EU Court of justice for the second time (Avastin / Lucentis)
Bird & Bird (Rome)
On 18 March 2021, the Italian Supreme Administrative Court (“Consiglio di Stato” or “CdS”) wrote a new episode in the long-lasting Hoffman La Roche - Novartis saga related to the Avastin drug, which may have serious repercussions on the relationship between EU and national judges. To recall, in (...)

The Italian Highest Administrative Court refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
1. Background of Case On 18 March 2021, the Italian highest administrative court, the Consiglio di Stato (the CS), decided to refer a case under its review for the second time to the Court of Justice of the European Union (CJEU) pursuant to Article 267 TFEU. The case finds its origin in a (...)

The Danish High Court founds that the agreement fixing the price of subscriptions concluded by a natural gas company had an anticompetitive intent and breached the Competition Act (Hovedstadsregionens og Midt-Nords Naturgasselskab I/S)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
The Danish High Court has affirmed that Article 6(1) of the Danish Competition Act (corresponding to Article 101(1) TFEU), was infringed by a natural gas company, Hovedstadsregionens og Midt-Nords Naturgasselskab I/S (“HMN”), the trade association and two subcontractors, as these parties entered (...)

The French Competition Authority fines national security provider for issuing cover quotes in the tobacconist security provision sector (Double Tour)
French Competition Authority (Paris)
The Autorité de la concurrence fines Double Tour for issuing cover quotes in the tobacconist security provision sector* Following an investigation by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) into the tobacconist security provision sector, (...)

The UK Competition Authority disqualifies three company directors for being in a cartel in the construction industry (Campbell / Hudson / Sherling)
United Kingdom’s Competition Authority - CMA (London)
3 company directors to be disqualified over construction cartel* The CMA has secured the disqualification of 3 company directors, after finding they broke competition law by forming a cartel in the construction industry. This move follows an investigation by the Competition and Markets (...)

The UK Competition Authority disqualifies five directors in relation to two separate construction cartels (Campbell / Hudson / Sherling)
Ashurst (London)
The Competition and Markets Authority ("CMA") has disqualified five directors in relation to two separate construction cartels. Three of the directors were disqualified following an investigation by the CMA into two of the UK’s largest suppliers of rolled lead roofing materials, Associated Lead (...)

The UK Competition Authority secures five directors disqualifications across two investigations (Campbell / Hudson / Sherling)
Van Bael & Bellis (London)
On 10 March 2021 and 18 March 2021 respectively, the UK’s Competition and Markets Authority (“CMA”) announced that it had secured the disqualification of five company directors, after finding that they had infringed competition law by forming cartels in the construction industry, following two (...)

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

The Australian Competition Authority accepts a court-enforceable undertaking from a credit card company after it addressed competition concerns (Visa)
Australian Competition and Consumer Commission (Canberra)
Visa undertakes to address competition concerns over debit card payments* The ACCC has accepted a court-enforceable undertaking from Visa AP (Australia) Pty Ltd and Visa Worldwide Pte Limited (together, Visa) in relation to concerns that Visa may have limited competition in relation to debit (...)

The French Competition Authority imposes a €435.000 fine on a construction company for exchanging information (Santerne Nord Tertiaire)
French Competition Authority (Paris)
City of Lille’s call for tenders: Santerne (Vinci group) fined up to €435,000 The Autorité de la concurrence fines Santerne Nord Tertiaire (subsidiary of the Vinci group) €435,000 for exchanging information with another company in a call for tenders organised by the city of Lille (Communauté (...)

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

The Romanian Competition Authority carries out an investigation in the medical waste market
Romanian Competition Council (Bucharest)
The Competition Council carries out an investigation on medical waste market* The Competition Council carries out an investigation into a possible anti-competitive behavior of some undertakings operating in the market of medical waste treatment and disposal services in Romania. The (...)

The Spanish Competition Authority steps up its use of algorithms and big data to identify cartels and anti-competitive behaviour
Spanish Competition Authority (Madrid)
The CNMC steps up its use of algorithms and big data to identify cartels and anti-competitive behaviour* It has implemented a new system for completely anonymous and confidential informants that works similarly to an encrypted chat. The Economic Intelligence Unit (EIU) will process the messages (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s finding that a pharmaceutical company broke competition law by exchanging information (Lexon)
United Kingdom’s Competition Authority - CMA (London)
Tribunal upholds CMA decision on pharma collusion and £1.2m fine The Competition Appeal Tribunal has today upheld the CMA’s finding that Lexon broke competition law, dismissing Lexon’s appeal. Last year, the Competition and Markets Authority (CMA) concluded its investigation into the supply of (...)

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

The UK Competition Appeal Tribunal provides guidance for post-Brexit permission to serve out applications and confirms that damage occasioned by anti-competitive conduct will not be narrowly construed (Epic Games / Apple / Google)
Hausfeld (London)
The Tribunal issued its combined permission to serve out of the jurisdiction judgment in Epic Games v Apple (the Apple Claim) and Epic Games v Google (the Google Claim) on 22 February 2021, declining permission for service on Apple Inc. and granting permission for service for a subset of (...)

The Hong Kong Competition Authority issues infringement notices to six hotel groups and a tour counter operator for facilitating a price-fixing cartel
Hong Kong Competition Commission
Competition Commission issues infringement notices to six hotel groups and a tour counter operator for facilitating a price-fixing cartel* The Competition Commission (“Commission”) has issued infringement notices to seven entities, including six hotel groups and a tour counter operator (...)

The French Administrative Supreme Court confirms the scope of the FCA’s investigative powers in the context of cross-border investigations (Caudalie)
Ashurst (Paris)
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Ashurst (Paris)
On 17 February 2021, the French Supreme Court confirmed an order authorising the French Competition Authority ("FCA") to carry out dawn raids at Caudalie’s premises on its own account following a request for assistance received from its Belgian counterpart. What you need to know – key takeaways (...)

The UK Competition Authority decides that the merger between two online retail companies raises competition concerns (Adevinta / Gumtree)
United Kingdom’s Competition Authority - CMA (London)
Adevinta’s purchase of Gumtree raises competition concerns* The CMA has found that Adevinta’s anticipated £6.5bn ($9.2 billion) purchase of eCG from eBay could lead to higher prices and less choice for consumers. Adevinta and eBay Classified Group (eCG) both operate online classified advertising (...)

The Australian Government decides that the shipping channel service at a bottleneck port infrastructure will remain unregulated (Port of Newcastle)
Herbert Smith Freehills (Sydney)
In a decision that will be welcomed by many of Australia’s port operators, for the second time in less than two years, the Federal Treasurer has decided that the shipping channel service at the Port of Newcastle should not be regulated. The Treasurer’s decision on 16 February 2021 is in response (...)

The Mexican Competition Authority notifies economic agents of a statement of probable responsibility for a possible collusion in hygiene products manufactured with cellulose
Mexican Competition Authority (Mexico City)
COFECE notified economic agents of a statement of probable responsibility for a possible collusion in hygiene products manufactured with cellulose* With this notification, the trial-like procedure begins, in which the economic agents will be able to defend themselves against the allegations (...)

The Munich Regional Court issues two preliminary injunctions regarding a cooperation agreement that has the effect of restricting competition on the market for health portals (Google)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 20 January 2021, the Regional Court of Munich I (the “Court”) issued two preliminary injunctions against Google Ireland Ltd. (“Google”) and the Federal Republic of Germany, represented by the German Federal Ministry of Health (“the Ministry”), at the request of health platform NetDoktor.de (...)

The Munich Regional Court bans the preferential display within a search engine of information exclusively drawn from a state-run health portal (Google)
Hausfeld (Berlin)
On February 10th, 2021, the antitrust chamber of the German Regional Court of Munich granted two summary judgments in favor of the health portal NetDoktor, banning the preferential display within Google search results pages of boxes with information exclusively drawn from a state-run health (...)

The Finnish Competition Authority releases two reports on positive and negative effects of Algorithms on competition
Finnish Competition and Consumer Authority (Helsinki)
Continuous development of algorithms requires ensuring the functioning of competition and the interests of consumers* Algorithms may have both positive and negative effects on competition and consumers. Two reports by the Finnish Competition and Consumer Authority (FCCA) show that the current (...)

The Polish Competition Authority fines two animal feed manufacturers for collusion (Polmass / Agro-Netzwerk Polska)
Polish Competition Authority (Warsaw)
Collusion between animal feed manufacturers - decision of the President of UOKiK* President of UOKiK Tomasz Chróstny proclaimed market allocation by animal feed producers - collusion limited the freedom of product choice for farmers and sellers of milk replacers. Polmass company was charged (...)

The Spanish Competition Authority fines two national pharmaceutical producers of PET radiopharmaceuticals for €5.76 million (Advanced Accelerator Applications / Novartis)
Spanish Competition Authority (Madrid)
The CNMC fines the two main pharmaceutical producers of PET radiopharmaceuticals in Spain for €5.76 million* Radiopharmaceuticals are used in nuclear medicine tests to detect and monitor diseases such as cancer. The companies formed a cartel that, for at least four years, allocated the (...)

The German Competition Authority imposes fines to three steel forging companies for exchanging information (Bharat Forge Global / Musashi Bockenau / Bad Sobernheim)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on steel forging companies* The Bundeskartellamt has imposed fines totalling approx. 35 million euros on three steel forging companies and two senior staff members for their involvement in an anti-competitive exchange of information. The companies concerned are (...)

The Australian Federal Court fines a Norwegian global shipping company for participating in a cartel (WWO)
Australian Competition and Consumer Commission (Canberra)
Shipping cartel fines now total $83.5 million after WWO conviction* Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS (WWO) has been convicted of criminal cartel conduct and ordered by the Federal Court to pay a fine of $24 million, in a case prosecuted by the Commonwealth (...)

The Australian Federal Court imposes a fine of $24 million on a Norwegian shipping company (WWO)
Bird & Bird (Sydney)
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Bird & Bird (Sydney)
On 4 February 2021, the Federal Court of Australia imposed a fine of $24 million on Norwegian shipping company, Wallenius Wilhelmsen Ocean AS (WWO), for its involvement in a criminal cartel with a number of other shipping companies between 2009 and 2012. More specifically, the Federal Court (...)

The Czech Competition Authority confirms the fines imposed on an electronic cigarettes distributor for engaging in prohibited anticompetitive agreements (Ritchy)
Czech Competition Authority (Brno)
The chairman of the office confirmed that Ritchy EU concluded prohibited anticompetitive agreements* Petr Mlsna, the Chairman of the Office for the Protection of Competition, entirely dismissed the appeal filed by RITCHY EU s. r. o., and upheld the first-instance decision of the Office which (...)

The UK Competition Authority warns firms over price-fixing of supplies to disabled students
United Kingdom’s Competition Authority - CMA (London)
CMA warns firms over price-fixing of supplies to disabled students* The CMA has cautioned companies supplying goods and services to disabled university students, following concerns that there may have been price-fixing. The Competition and Markets Authority (CMA) has sent advisory letters to (...)

The Polish Competition Authority initiates proceedings against retail chains suspected of applying unfair retrospective discounts (Kaufland Polska Markety / Eurocash / Intermarche)
Polish Competition Authority (Warsaw)
The President of UOKiK has initiated proceedings against other retail chains suspected of applying unfair retrospective discounts* President of UOKiK Tomasz Chróstny initiated investigation procedures towards Kaufland Polska Markety, Eurocash and SCA PR Polska (Intermarche). The objections (...)

The UK Competition Authority publishes a notice of a standalone competition damages claim against a trade association for abusing its dominant position and engaging in anti-competitive agreements (International Tin Association)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 26 January 2021 the Competition Appeal Tribunal (CAT) published a notice of a standalone competition damages claim (brought under section 47A of the Competition Act 1998) by Kerilee Investments, a metal trader, against the International Tin Association, a UK based trade association. The (...)

The Luxembourg Administrative Tribunal rules on the competence of the Competition Authority in matters of post control of concentrations in the energy sector (Fédération des Artisans / Encevo / Enovos Luxembourg / Paul Wagner / Fils)
Bonn & Schmitt (Luxembourg)
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Bonn & Schmitt (Luxembourg)
I. Introduction On January 25, 2021 the Administrative Tribunal of the Grand Duchy of Luxembourg (hereinafter the “Administrative Tribunal”) rendered a judgment ruling for the first time on the competence of the Competition Council of the Grand Duchy of Luxembourg (hereinafter the “Competition (...)

The Polish Competition Authority fines two national constructions companies for tender collusion (Janusz Kurek Firma Budowlana J & S / Brimat)
Polish Competition Authority (Warsaw)
Tender collusion - decision of the President of UOKiK* President of UOKiK Tomasz Chróstny imposed a penalty in the amount of over PLN 375 thousand on two participants in a tender collusion. The entrepreneurs agreed that the more expensive bid from one of them would be awarded. The aggrieved (...)

The Kenyan Competition Authority releases a reward scheme meant to enhance the efficiency and effectiveness of its enforcement activities
The Competition Authority of Kenya (CAK) is a Statutory Agency established by section 7 of the Competition Act No. 12 of 2010. The Authority is mandated to promote and safeguard competition in the Kenyan economy, control abuse of buyer power, and protect consumers from unfair and misleading (...)

The Romanian Competition Authority fines national association and 16 financial companies EUR 8.47 million for exchanging information (ALB / BCR Leasing / BRD Sogelease)
Romanian Competition Council (Bucharest)
The Competition Council has fined the Romanian Association of Financial Companies and 16 financial companies euro 8.47 million* The Competition Council has fined the Association of Romanian Financial Companies (hereinafter ALB) and 16 member companies lei 41,251,774 (approx. Euro 8.47 million) (...)

The EFTA Surveillance Authority takes action against Iceland for restrictions in the taxi-services market
EFTA Surveillance Authority (Brussels)
ESA takes action against Iceland for restrictions in the taxi-services market* The EFTA Surveillance Authority (ESA) has today launched infringement proceedings against Iceland for not respecting EEA rules on freedom of establishment in the taxi sector. Current practice in Iceland limits the (...)

The US DoJ announces that foreign-language training companies admitted to participating in a conspiracy to defraud the United States (CLCI / Berlitz)
US Department of Justice - Antitrust Division (Washington)
Foreign-Language Training Companies Admit to Participating in Conspiracy to Defraud the United States* Two providers of foreign-language services, Comprehensive Language Center Inc. (CLCI), based in the Washington, D.C., area, and Berlitz Languages Inc. (Berlitz), based in New Jersey, were (...)

The UK Competition Authority publishes report into algorithms and their harm on consumers and competition law
Bird & Bird (London)
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Bird & Bird (London)
The impact algorithms continue to have on market dynamics has been under scrutiny by competition authorities around the world in recent years. On 19 January 2021, the CMA published a report, following its investigation into algorithms and their potential harms on competition law. The paper (...)

The UK Competition Authority publishes a paper on the impact of algorithms on competition in digital markets and consumer welfare
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK’s Competition and Markets Authority (CMA) published a paper on 19 January on the impact of algorithms on competition in digital markets and consumer welfare. The CMA followed up its paper with a call for evidence from market participants, academics, and industry experts, and with a (...)

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

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

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

The Lithuanian Supreme Administrative Court confirms the fines imposed by the Competition Authority on German solid waste services and recycling company for being part of a cartel (Sypra)
Lithuanian Competition Authority (Vilnius)
Cartelist of radioactive scrap metal auction will have to pay imposed fine* The Supreme Administrative Court of Lithuania (Court) rejected the appeal by the German company Sypra which participated in the radioactive scrap metal auction conducted by Ignalina nuclear power plant and concluded a (...)

The EU Court of Justice delivers a preliminary ruling setting out guidance on when an anticompetitive agreement on submitting prices in the context of a call for tenders is considered to come to an end (Eltel)
Ashurst (Brussels)
On 14 January 2021, the European Court of Justice delivered a preliminary ruling (case C-450/19) setting out guidance on when an anticompetitive agreement on submitting prices in the context of a call for tenders is considered to come to an end. This ruling has important implications for the (...)

The Spanish Competition Authority puts an end to the infringement proceedings brought against a Big tech company for alleged dominance conduct related to a search engine and online restaurant reservation system prohibited by national antitrust law (Google / El Tenedor)
Bird & Bird (Madrid)
The Spanish Competition authority (“CNMC”) has agreed to put an end to the infringement proceedings brought against Google and El Tenedor in November 2018 for an alleged conduct related to Google’s search engine and Google Maps’ online restaurant reservation system prohibited by Articles 1 and 2 of (...)

The Spanish Competition Authority fines six companies for altering the solid fuels trading market (FISL / Grafitos / Toro)
Spanish Competition Authority (Madrid)
The CNMC fines six companies for altering the solid fuels trading market* The sanctioned companies exchanged sensitive commercial information, allocated customers and fixed prices through various agreements.These practices, which are highly detrimental to competition and prohibited by law, took (...)

The Spanish Competition Authority fines three solid fuel cartels and five directors €3.7 million (FISL / Grafitos / Toro)
Ashurst (Madrid)
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Ashurst (Madrid)
The Spanish competition authority ("CNMC") has fined six companies and five directors participating in three cartels, breaching EU and Spanish antitrust rules by fixing prices and other commercial conditions, sharing customers and exchanging commercially sensitive information for almost 20 (...)

The Polish Competition Authority fines several fitness chains for collusion (Benefit Systems / Bartosz Gibała / Platinium Wellness)
Polish Competition Authority (Warsaw)
Collusion on the fitness market - decision by the President of UOKiK Tomasz Chróstny, the President of UOKiK, has imposed over PLN 32 million in financial penalties on the largest fitness chains, including Benefit Systems (operator of MultiSport cards) for a competition-restricting collusion (...)

The Canadian Competition Authority closes investigation of two daily newspapers for concluding agreements (Postmedia / Torstar)
Canadian Competition Bureau (Gatineau)
Competition Bureau closes investigation of Postmedia and Torstar* The Competition Bureau announced today that it has closed its investigation into allegations that Postmedia and Torstar reached an agreement contrary to the conspiracy provisions of the Competition Act. The Bureau began (...)

The US District Court for the Northern District of Texas indicts health care company for labor market collusion (Surgical Care Affiliate)
US Department of Justice - Antitrust Division (Washington)
Health Care Company Indicted for Labor Market Collusion* A federal grand jury returned a two-count indictment charging Surgical Care Affiliates LLC and its related entity (collectively SCA), which own and operate outpatient medical care centers across the country, for agreeing with competitors (...)

The Czech Competition Authority confirms fine for resale price maintenance agreements imposed on baby products retail company (Baby Direkt)
Czech Competition Authority (Brno)
The chairman of the Office confirmed fine for resale price maintenance agreements imposed on Baby Direkt* Petr Mlsna, the Chairman of the Office for the Protection of Competition, upheld imposition of a fine amounting to CZK 40,793,000 on BABY DIREKT s.r.o. which entered into prohibited (...)

The Czech Competition Authority upholds a fine of €1.6 million for resale price maintenance levied against childcare products supplier (Baby Direkt)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 5 January 2021, on appeal against a decision by the Czech Office for the Protection of Competition (“Czech NCA”), the Chairman of the Czech NCA (the “Chairman”) upheld a fine of € 1.6 million levied by his organisation in November 2019 against childcare products supplier Baby Direkt. Baby Direkt (...)

The Italian Competition Authority closes investigations against two football teams for unfair clauses in season ticket contracts(Brescia / Lecce)
Italian Competition Authority (Rome)
ICA: investigations closed against the Brescia and Lecce football teams for unfair clauses in season ticket contracts* The football clubs have modified their contractual conditions, however Lecce’s clauses excluding reimbursement in the event of supervening impossibility of providing the (...)

The EU Commission and the UK Government publish an agreement governing post-Brexit trade relations that includes provisions regulating antitrust enforcement and cooperation
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (London)
The European Union (EU)-U.K. Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the U.K. and the EU includes provisions regulating EU/U.K. antitrust enforcement and cooperation effective January 1, 2021: Anticompetitive practices and mergers. The TCA provides (...)

The Spanish Competition Authority includes a transport company in the proceedings initiated against several undertakings that maintain and operate the national highway network (Ferrovial Servicios)
Spanish Competition Authority (Madrid)
The CNMC includes Ferrovial Servicios in the disciplinary proceedings initiated against several companies that maintain and operate the national highway network* In 2019, the CNMC opened an investigation into some of the main companies in the sector for potential anti-trust practices. These (...)

The Czech Competition Authority imposes fine for gun-jumping on mobility company (Skyport / CSG)
Czech Competition Authority (Brno)
The Office imposed a fine for gun-jumping in the csg/skyport case* The Office for the Protection of Competition (“the Office”) imposed a fine of CZK 4,487,000 on Skyport, a. s. (formerly CSG a.s.) for unapproved implementation of concentration before its clearance by the Office. The decision has (...)

The Italian Supreme Administrative Court upholds the Competition Authority’s judgment ruling that the allocation of broadcasting rights is not the result of an anticompetitive agreement between companies in the pay-TV sector (League/ Infront / Sky / Mediaset)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 28 December 2020, the Italian Supreme Administrative Court (Consiglio di Stato – "CDS") issued a judgment marking the last act in the national judicial dispute related to the assignment of the Lega Serie A (i.e. the main national professional league in Italy – "the League") broadcasting rights (...)

The Arbitration Court of Moscow upholds the Competition Authority’s decision to fine three construction companies involved in a cartel for price-fixing (Mostootryad-99 / Dorstroyotrayd-99 / SPA Dormost)
Russian Federal Antimonopoly Service (Moscow)
DAGESTAN ROAD CARTEL WILL PAY A FINE OF 170 MILLION RUBLES* The arbitration court of Moscow upheld the decision of the FAS Russia on bringing to administrative responsibility Mostootryad-99 JSC, Dorstroyotrayd-99 LLC and scientific production association (SPA) Dormost LLC. It should be (...)

The Russian Competition Authority detects a cartel in the construction industry (SK Vershina / F-data / GRSK 33)
Russian Federal Antimonopoly Service (Moscow)
Moscow regional office of the fas Russia detected a cartel in the construction industry* The companies agreed not to reduce the price at 38 auctions. The total revenue of the cartel amounted to more than 373 million rubles The Moscow Regional Office of the FAS Russia recognized SK Vershina (...)

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

The UK Competition Authority fines two groundworks suppliers for cartel activity (Vp plc / M.G.F.)
Van Bael & Bellis (Brussels)
On 17 December 2020, the UK’s Competition and Markets Authority (“CMA”) issued an infringement decision fining two companies which supply groundworks products Vp plc and M.G.F. (Trench Construction Systems) Ltd more than £ 11.2 million and £ 3.7 million, respectively, for illegal collusion. In its (...)

The French Competition Authority receives a request by the national railway company to revise the commitments made in 2014 regarding the sale of train tickets (SNCF)
French Competition Authority (Paris)
SNCF has requested the revision of commitments made in 2014 regarding the sale of train tickets* SNCF, which undertook commitments before the Autorité de la concurrence in 2014 concerning the terms of train ticket sales online, is now requesting for them to be revised, arguing that the (...)

The UK Competition Authority fines construction suppliers £15M for collusion (Vp plc / M.G.F.)
United Kingdom’s Competition Authority - CMA (London)
Construction suppliers fined £15m for breaking competition law* The CMA has fined 2 major suppliers to the construction industry more than £15m for illegally colluding to reduce competition and keep prices up Following an investigation by the Competition and Markets Authority (CMA), 2 UK-based (...)

The UK Competition Authority fines suppliers of groundworks products to the construction industry for coordinating their commercial activities (Vp plc / M.G.F.)
Ashurst (London)
On 17 December 2020, the CMA issued a decision finding that three UK-based suppliers of groundworks products to the UK construction industry had illegally colluded in order to reduce competition and maintain or increase prices, in breach of Chapter 1 of the Competition Act 1998 and Article 101 (...)

The EU General Court delivers ruling on the application of competition law to sports authorization rules and upholds the role of the Court of Arbitration for Sport (International Skating Union)
White & Case (Brussels)
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White & Case (Dusseldorf)
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White & Case (Geneva)
The General Court of the European Union (the "General Court") has confirmed this week that the eligibility rules of the International Skating Union ("ISU"), which penalized athletes participating in competitions not authorized by the ISU, infringe EU competition law. While the EU General Court (...)

The EU Court of Justice confirms that the rules of a sports union providing severe penalties for athletes taking part in other speed skating events are contrary to EU competition law (International Skating Union)
European Court of Justice (Luxembourg)
The General Court confirms that the rules of the International Skating Union (ISU) providing for severe penalties for athletes taking part in speed skating events not recognised by it are contrary to EU competition law* On the other hand, the Commission was wrong to dispute the ISU’s (...)

The EU General Court issues a judgment stating that an international skating union may apply a prior authorisation system for third party events only if the applicable rules and procedures are fair transparent and proportionate (International Skating Union)
Ashurst (Brussels)
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Ashurst (Brussels)
On 16 December 2020 the General Court of the European Union (the "Court") issued an important ruling in the International Skating Union ("ISU") case. While accepting that sports governing bodies may apply a prior authorisation system for third party events to ensure that all sports competitions (...)

The EU General Court rules that sports associations cannot stop athletes from competing in third-party events (International Skating Union)
Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
On 16 December 2020, the General Court largely confirmed the European Commission’s Decision according to which the International Skating Union’s (the “ISU”) rules on eligibility are contrary to EU competition law. However, it partially annulled the Commission’s Decision on the ground that it failed (...)

The Swedish Competition Authority claims that a municipality’s purchase of supported housing services constitutes an illegal direct award of contract
Swedish Competition Authority (Stockholm)
Malmö’s purchase of supported housing services constituted an illegal direct award of contract* The Swedish Competition Authority is claiming that the Labour Market and Social Welfare Board in Malmö Municipality must pay SEK 10 million in procurement fines for carrying out an illegal direct (...)

The Norwegian Competition Authority warns in a statement of objections that it is considering imposing fines on three grocery store chains for collusion leading to higher prices (Norgesgruppen / Coop / Rema 1000)
Norwegian Competition Authority
Anticompetitive practices may have led to higher grocery prices* The Norwegian Competition Authority warns in a Statement of Objections that it is considering imposing fines totaling 21 billion NOK on Norgesgruppen, Coop and Rema 1000. The Authority’s preliminary assessment is that the three (...)

The Italian Supreme Administrative Court upholds the annulment of the National Competition Authority decision to fine broadcasters for an alleged anti-competitive agreement in the pay-TV service sector (Mediaset / Sky Italia / Italian Football League / Infront)
Ashurst (Brussels)
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Ashurst (Milan)
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Ashurst (Brussels)
On 12 December 2020, Italy’s highest administrative court, the Council of State, upheld the annulment of the Italian Competition Authority’s ("ICA") decision to fine broadcasters Mediaset and Sky Italia, the Italian Football League, and marketing agency Infront a total of €66m for an alleged (...)

The Spanish Competition Authority takes part in the EU Commission’s public consultation on competition policy and environmental sustainability targets
Spanish Competition Authority (Madrid)
The CNMC takes part in the European Commission’s public consultation on competition policy and environmental sustainability targets The CNMC includes the Sustainable Development Goals (SDGs) as one of its key areas of activity. Competition policy contributes to the SDGs by stimulating (...)

The US FTC sues the world’s dominant social network company for illegal monopolization, requires divesting its acquisitions of up-and-coming rivals and prohibiting the imposition of anticompetitive conditions on software developers (Facebook)
US Federal Trade Commission (FTC) (Washington)
FTC Sues Facebook for Illegal Monopolization* The Federal Trade Commission today sued Facebook, alleging that the company is illegally maintaining its personal social networking monopoly through a years-long course of anticompetitive conduct. Following a lengthy investigation in cooperation (...)

The EU Court of Justice overturns a decision and declares a settlement between a company in the pay-TV service and the Commission null and void (Paramount / Sky / Groupe Canal+)
Hogan Lovells (Dusseldorf)
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Hogan Lovells (Dusseldorf)
Settlements are a frequently used means of efficiently terminating proceedings, not only in cartel cases but also in other antitrust proceedings. The EU Commission can avoid having to spend resources on a time-consuming investigation and there are advantages for the companies concerned as well: (...)

The EU Court of Justice annuls a Commission decision allowing a TV company to preserve competition on the markets of pay-TV services (Paramount / Sky / Groupe Canal +)
European Court of Justice (Luxembourg)
The Court of Justice annuls a Commission decision making binding the commitments offered by a company in order to preserve competition on the markets* The fact that it is possible, for the contracting partners of a company which has made commitments not to comply with certain contractual (...)

The EU Court of Justice annuls the Commission decision that made commitments legally binding for companies in the pay-TV services sector (Paramount / Sky / Groupe Canal +)
Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Canal+ (C-132/19 P): The Court of Justice Annuls Commitment Decision – The Importance of Third Party Contractual Rights* Today, the Court of Justice annulled the Commission decision that made commitments legally binding for Paramount. This decision is the first annulment of a commitment (...)

The US State of New York Attorney General (AG) leads a bipartisan lawsuit by 46 State AGs, District of Columbia AG, and Territory of Guam AG seeking to end the dominant social network company’s allegedly illegal monopoly, including predatory acquisitions and reduction of privacy protections for consumers (Facebook)
Office of the New York State Attorney General (Albany)
Attorney General James Leads Multistate Lawsuit Seeking to End Facebook’s Illegal Monopoly* AG James Leads Bipartisan Coalition of 48 Attorneys General Charging Anticompetitive Conduct Facebook Thwarted Competition, Reduced Consumer Privacy for Profits New York Attorney General Letitia James (...)

The EU Court of Justice annuls commission’s settlement decision for its failure to consider adverse effects on third party interests (Paramount / Sky / Groupe Canal +)
Van Bael & Bellis (Brussels)
On 9 December 2020, the European Court of Justice (“ECJ”) upheld Canal +’s appeal against the General Court’s (“GC”) judgment that had upheld the Commission’s commitments decision in the Paramount case, and annulled the GC’s judgment as well as the Commission decision (Case C-132/19 P). The ECJ, (...)

The EU Court of Justice annuls the Commission decision on a pay TV service company’s commitments for breaching the principle of proportionality (Paramount / Sky / Groupe Canal +)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
On December 9, 2020, the Court of Justice of the European Union granted Canal+’s application to annul the European Commission’s decision under Article 9 of Regulation No. 1/2003 to adopt commitments offered by Paramount (the “Commitments Decision”). The commitments prohibited Paramount from (...)

The EU Court of Justice annuls a Commission’s decision accepting legally binding commitments offered by a company aimed at addressing an investigation into cross-border pay-TV in the EU (Paramount / Sky / Groupe Canal +)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
On 9 December 2020, the Court of Justice of the EU (“CJEU”) annulled a European Commission decision accepting legally binding commitments offered by Paramount aimed at addressing a Commission investigation into cross-border pay-TV in the EU (the “Paramount Commitment Decision”). The CJEU also set (...)

The Czech Competition Authority imposes fines for IT cartel agreement (Autocont / Tesco / Asseco Central Europe)
Czech Competition Authority (Brno)
Office imposed fines for IT cartel agreement in total amount of CSK 75 million* By its first-instance decision of 7 December 2020, the Office for the Protection of Competition imposed fines in the total amount of CZK 74,622,000 on AUTOCONT a.s., TESCO SW a.s., ICZ a.s., MERIT GROUP a.s., (...)

The Canadian Competition Authority fines an engineering firm $3.2 million for bid-rigging on municipal infrastructure contracts (CIMA+)
Canadian Competition Bureau (Gatineau)
CIMA+ to pay $3.2 million in latest Québec bid-rigging settlement* Competition Bureau investigation has led to more than $12M in payments by six colluding firms Engineering firm CIMA+ has been ordered to pay $3.2 million over the next four years for bid-rigging on municipal infrastructure (...)

The Croatian Competition Authority accepts commitments offered by national insurance company (Croatia osiguranje)
Croatian Competition Agency (Zagreb)
CCA accepts commitments offered by croatia osiguranje* The Croatian Competition Agency (CCA) closed the infringement proceeding against the undertaking Croatia osiguranje d.d. that was opened ex-officio regarding the commercial lease agreement that Croatia osiguranje concluded as a lessee, (...)

The Polish Competition Authority fines companies for collusion on the heat market (Veolia / PGNiG Termik)
Polish Competition Authority (Warsaw)
Decision of the President of UOKiK concerning collusion on Warsaw heat market. First penalty for manager* Market allocation, as well as price and tender fixing resulting in higher heat prices in Warsaw. Nearly PLN 120 million in penalties have been imposed by Tomasz Chróstny, the President of (...)

The Portuguese Competition Authority fines two telecommunications companies for entering into a cartel (MEO / NOWO)
Portuguese Competition Authority (Lisbon)
AdC imposes fine of 84 million euros to MEO for cartel with NOWO* The AdC - Portuguese Competition Authority imposed a fine of 84 million euros on the telecommunication operator MEO for market sharing and price fixing of mobile and fixed telecommunications services with NOWO – Communications. (...)

The Paris Court of Appeal preserves the presumption of innocence but upholds the fines imposed by the Competition Authority on German chemical company (Brenntag / Deutsche Bahn)
Ashurst (Paris)
On 3 December 2020, the Paris Court of Appeal ("Court") confirmed the fines imposed by the French Competition Authority ("FCA") in 2013 on the German chemical distributor Brenntag, and its former parent company Deutsche Bahn, of EUR 47 million and EUR 5.2 million respectively for participating (...)

Irish Competition Authority investigates into suspected breaches of competition law (Ticketmaster)
Irish Competition Authority (Dublin)
Notice under Section 14B of the Competition Act 2002 In January 2017, the Competition and Consumer Protection Commission (CCPC) commenced an investigation into suspected breaches of competition law in relation to the provision of tickets and the operation of ticketing services for live events. (...)

The Canadian Competition Authority expresses concerns about the possible anticompetitive consequences of agreements between competitors on employees and labour markets
Davies Ward Phillips & Vineberg (Toronto)
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Davies Ward Phillips & Vineberg (Toronto)
Canadian Competition Bureau Issues Guidance on “No-Poach” and other “Buy-Side” Employment Agreements Between Competitors* Introduction The Canadian Competition Bureau (“Bureau”) has issued a statement (the “Statement”) clarifying its position on “no-poaching”, wage-fixing and other types of (...)

The Canadian Competition Authority confirms that no-poaching, wage-fixing, and other buy-side agreements do not violate the Competition Act’s price fixing provision
Cassels Brock (Toronto)
No-poaching, wage-fixing, and other buy-side agreements do not violate the Competition Act’s price fixing provision (section 45), the Competition Bureau has confirmed. This is because section 45 only applies to agreements relating to the supply of a product, and not the purchase of a product. (...)

The EU Commission fines two pharmaceutical companies €60.5 million for delaying the entry of cheaper generic medicine for sleep disorders (Teva / Cephalon)
DG COMP (Brussels)
Antitrust: Commission fines Teva and Cephalon €60.5 million for delaying entry of cheaper generic medicine* The European Commission has fined the pharmaceutical companies Teva and Cephalon €60.5 million for agreeing to delay for several years the market entry of a cheaper generic version of (...)

The EU Commission fines pharmaceutical companies for pay-for-delay agreement (Teva / Cephalon)
Ashurst (London)
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Ashurst (London)
On 26 November 2020, the European Commission ("Commission") announced that it had fined the pharmaceutical companies Teva and Cephalon EUR 60.5 million for agreeing to delay for several years the market entry of a cheaper generic version of Cephalon’s drug for sleep disorders, modafinil, after (...)

The Norwegian Competition Authority fines two alarm system companies for collusion (Verisure / Sector Alarm)
Norwegian Competition Authority
Fines exceeding 1 billion NOK in total imposed on Verisure and Sector Alarm* The Norwegian Competition Authority has today imposed a fine of 766 million NOK on Verisure AS and last year a fine of 467.3 million NOK on Sector Alarm for collusion in the market for the provision of alarm services (...)

The Polish Competition Authority conducts dawn raids and initiates explanatory proceedings against pharmaceutical wholesalers for allegations of exchange of information and price fixing (Neuca Spółka Akcyjna / Przedsiębiorstwo Dystrybucji Farmaceutycznej Slawex / Farmacol Serwis / Farmacol Logistyka)
Polish Competition Authority (Warsaw)
Do pharmaceutical wholesalers increase drug prices by exchanging information?* Could unfair market practices, resulting in higher drug prices and restriction of competition, be facilitated by the IT systems used by pharmaceutical wholesalers? President of UOKiK Tomasz Chróstny has initiated (...)

The EU Commission publishes a study on territorial supply constraints in the European retail sector
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 19 November 2020, the European Commission (“Commission”) published a study on territorial supply constraints (“TSCs”) in the EU retail sector (the “Study”), available here. The Study is the outcome of a fact-finding mission commissioned by DG GROW and clarifies the prevalence and effects of TSCs (...)

The Ecuadorian Government issues the second package of reforms to its merger competition regime
Pérez Bustamante & Ponce (Quito)
New reforms to Ecuador’s merger control regime and restrictions ‘by object’* Last week (November 17, 2020), Ecuador’s Executive Branch issued the second package of reforms to its competition regime this year (Executive Decree 1193). The two main changes have to do with merger control and with (...)

The Hellenic Competition Authority releases a statement of objections for alleged abuse of dominant position as well as contractual terms and practices related to the operation of the distribution network against a company in the market of press distribution (ARGOS)
Hellenic Competition Authority (Athens)
Statement of Objections following an ex officio investigation in the market of Press distribution, in relation to alleged infringements of Articles 1 and 2 of Law 3959/2011 and /or Articles 101 and 102 TFEU, as well as an ex officio investigation initiated pursuant to HCC’s Decision No (...)

The Italian Competition Authority opens investigation into insurance association’s "fraud detection project" in non-life and life insurance for possible competitive concerns (ANIA)
Italian Competition Authority (Rome)
ICA: Investigation launched against ANIA regarding the ’fraud detection project’ in non-life and life insurance* The Autorità Garante della Concorrenza e del Mercato initiated an investigation against the Associazione Nazionale fra le Imprese Assicuratrici (ANIA), which originates from a (...)

The French Competition Authority fines 6 councils and 2 trade union federations of dental surgeons for boycott (National Council of the College of Dental Surgeons / National Confederation of Dental Trade Unions)
French Competition Authority (Paris)
Dental care networks: the National Council and five departmental councils of the College of Dental Surgeons and two trade union federations fined for boycott* The Autorité de la concurrence hands out fines worth €4 million to the National Council and five departmental councils of the College of (...)

The French Competition Authority sanctions councils and trade union federations of dental surgeons for collective boycott (National Council of the College of Dental Surgeons / National Confederation of Dental Trade Unions)
Ashurst (Paris)
On 12 November 2020, the French competition authority (the "FCA") fined the National Council of the College of Dental Surgeons (the "National Council"), five departmental councils of the College and two trade unions for collectively boycotting dental care networks. WHAT YOU NEED TO KNOW - KEY (...)

The UK Supreme Court hands down a judgment in a competition damage litigation and makes key observations on when a judicial decision of the EU courts is binding in other proceedings (Servier)
Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages litigation, in which it made key observations on when a judicial decision of (...)

The Japanese FTC closes investigation into conduct that allegedly caused all 12 members of a professional baseball association to refuse to sign contracts with certain players (Nippon Professional Baseball)
Japan Fair Trade Commission (Tokyo)
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by Nippon Professional Baseball* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Nippon Professional Baseball (hereinafter referred to as the “NPB”). The NPB is the Japanese top (...)

The UK Competition Authority issues fines of over £9 million for roofing lead cartel (Associated Lead Mills / BLM British Lead)
United Kingdom’s Competition Authority - CMA (London)
CMA issues fines of over £9m for roofing lead cartel* The CMA has imposed fines totalling more than £9m on 2 of the UK’s largest suppliers of rolled lead, for breaking competition law. Following an investigation into suspected cartel conduct, the Competition and Markets Authority (CMA) found (...)

The UK Competition Authority fines two suppliers of rolled lead for entering into anticompetitive arrangements (Associated Lead Mills / BLM British Lead)
Van Bael & Bellis (Brussels)
On 4 November 2020, the UK’s Competition and Markets Authority (“CMA”) imposed fines totalling £9.5 million on two of the UK’s largest rolled lead suppliers for their role in a roofing lead cartel. The CMA fined Associated Lead Mills Ltd and H.J. Enthoven Ltd (trading as BLM British Lead) £1.5 (...)

The Spanish Competition Authority opens investigation into possible price fixing of sunscreen products (ISDIN)
Spanish Competition Authority (Madrid)
The CNMC opens a formal investigation into possible anticompetitive practices of ISDIN, S.A* The potential illegal conduct allegedly consists of fixing resale prices online, at least for sunscreen products. Currently, the CNMC assesses potential competition restrictions imposed by producers (...)

The Austrian Competition Authority files an application to fine four construction companies for price fixing, market division, and other anti-competitive conduct
Austrian Competition Authority (Vienna)
AFCA files application to fine four construction companies for price fixing, market division and other anti-competitive conduct* The alleged infringements include price fixing, market divison and the exchange of competitively sensitive information. On 29 October 2020 the Austrian Federal (...)

The Russian Competition Authority forcibly returns the equivalent of 14 million EUR into the state budget from former Mayor of Vladivostok, his family, and affiliated companies found guilty of collusion in the auctions for construction materials and supply of medicines (Igor Pushkaryov / MUE Roads of Vladivostok)
Russian Federal Antimonopoly Service (Moscow)
More Than 2.3 Billion Rubles of Illegal Income Was Returned to the State Budget* The funds were obtained as a result of collusions at auctions for the purchase of construction materials (1.4 billion rubles) and the supply of medicines and medical devices (900 million rubles) On October 20, (...)

The Russian Ninth Arbitration Court of Appeal upholds the Competition Authority’s decision against companies in the "cartel under hypnosis" in the healthcare sector (Aksonmed / Satori / Intermed / Divais / Lotos / Equipmed)
Russian Federal Antimonopoly Service (Moscow)
Appeal Supported the Position of the FAS Russia in the "Cartel Under Hypnosis" Case* The Ninth Arbitration Court of Appeal upheld the decision of the antimonopoly authority against companies that have been implementing an anti-competitive agreement in the healthcare sector for more than three (...)

The US DoJ indicts engineering firm and its former executive for a decade-long scheme to rig bids and defraud the North Carolina Department of Transportation (Contech Engineered Solutions / Brent Brewbaker)
US Department of Justice - Antitrust Division (Washington)
Engineering Firm And Its Former Executive Indicted On Antitrust And Fraud Charges* North Carolina Department of Transportation Targeted in Decade-Long Scheme A federal grand jury in Raleigh, North Carolina returned an indictment charging Contech Engineered Solutions LLC and Brent Brewbaker, a (...)

The Mexican Competition Authority opens investigation into possible anticompetitive practices in the market for the leasing of non-residential real estate spaces Free
Mexican Competition Authority (Mexico City)
COFECE investigates possible absolute monopolistic practices in the market for the leasing of non-residential real estate spaces* This investigation shall not be understood as a prejudgment, but as an action of the authority to verify compliance with the Federal Economic Competition Law. In (...)

The Portuguese Competition Authority imposes fine of €3.6 million on national advertising agencies association for restraining competition in advertising services (Associação Portuguesa de Agências de Publicidade, Comunicação e Marketing)
Portuguese Competition Authority (Lisbon)
AdC imposes fine of €3.6 M to APAP for restraining competition in advertising services* The AdC (Autoridade da Concorrência) imposed a fine of 3,6 million euros on the Portuguese advertising agencies association - APAP (Associação Portuguesa de Agências de Publicidade, Comunicação e Marketing)- for (...)

The Italian Administrative Court of First Instance annuls the Competition Authority decision sanctioning a cartel of car manufacturers because of a breach of the parties’ right to a reasonable duration of the proceedings and for failing to characterize the ’by object’ restriction (Car Finance)
Ashurst (Milan)
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Ashurst (Brussels)
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Ashurst (Brussels)
On 21 October 2020 the Italian Administrative Court of First Instance ("TAR Lazio") annulled the decision issued by the Italian Competition Authority ("ICA") on 20 December 2018 sanctioning a number of car manufacturers and their "captive banks" in relation to an alleged cartel concerning car (...)

The Polish Competition Authority obliges an association of marketing agencies to stop affecting its members’ independence in tenders and stop organizing unauthorized exchanges of information (Marketing Communication Association SAR)
Polish Competition Authority (Warsaw)
Marketing Communication Association SAR to change its practices* The Marketing Communication Association SAR affected the independence of its members in tenders and organized unauthorized exchange of information. President of UOKiK Tomasz Chróstny has obliged the Association to change its (...)

The Australian Competition Authority commences civil proceedings in the Federal Court against overhead crane company over alleged market sharing cartel (NQCranes)
Australian Competition and Consumer Commission (Canberra)
Action over alleged market sharing cartel in the overhead crane industry* The ACCC has today commenced civil proceedings in the Federal Court against overhead crane company NQCranes Pty Ltd, alleging it engaged in cartel conduct in contravention of the Competition and Consumer Act. The ACCC (...)

The Russian Ninth Arbitration Court of Appeal confirms the Competition Authority’s fines for a construction cartel in the Karachay-Cherkessian Republic (Chance / Kubanskoye / Karachaevskoye / Yugelektromontazh / Invest)
Russian Federal Antimonopoly Service (Moscow)
Appeal Confirmed Legality of the Decision Against the Cartel in Karachai-Cherkessia* The tenders for the construction of roads, buildings and facilities in the republic were held in violation of the antimonopoly law. Fines for companies exceeded 106 million rubles It should be reminded that (...)

The Hungarian Competition Authority initiates supervision proceeding against top three cement suppliers for alleged tacit collusion (Duna-Dráva Cement / LAFARGE Cement Magyarország Gyártó és Kereskedelmi / CRH Magyarország)
Hungarian Competition Authority (Budapest)
The Competition Authority suspects abuse on the cement market* The Hungarian Competition Authority (GVH) has initiated a proceeding against the three most important players in the domestic cement market for alleged infringement of the prohibition of abuse of dominant position. The (...)

The Norwegian Competition Authority closes its investigation against two companies after they agree to stop publishing recommended list prices for retail fuel (Circle K / YX)
Norwegian Competition Authority
Closes investigation against Circle K and YX* The Norwegian Competition Authority has today closed an investigation against Circle K Norge AS and YX Norge AS. The two companies have agreed to end their practice of publishing recommended list prices for retail fuel on their websites. Autumn (...)

The Hellenic Competition Authority finds two companies guilty of an anti-competitive vertical agreement for prohibiting parallel imports in the market for artificial kidney machines (Gambro Lundia / Medical Products)
Hellenic Competition Authority (Athens)
Decision regarding the complaints of the company SERKO LTD* Subject: Decision of the Hellenic Competition Commission regarding the complaints of the company "SERKO LTD SCIENTIFIC - ELECTRONIC MACHINERY (Imports - Representations - Service)" concerning alleged infringements of articles 1 and 2 (...)

The EU General Court partially annuls the Commission inspection decisions ordering several French undertakings active in the distribution sector to submit to dawn-raid inspections (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Bird & Bird (Rome)
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Bird & Bird (Rome)
In October 2020, the General Court of the European Union (GC) issued an important decision in the joined Casino cases which promises to ensure that competition investigations will be more robust and afford greater protection to companies‘ rights. Both the European Commission (EC) and companies (...)

The EU General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by several French undertakings in the distribution sector (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
General Court of the European Union (Luxembourg)
The General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by a number of French undertakings in the distribution sector* The Commission has failed to show that it had sufficiently strong evidence to suspect exchanges of information (...)

The EU General Court partially annuls Commission’s decision authorizing unannounced dawn raids to be carried out at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Dechert (Paris)
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Dechert (Paris)
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Dechert (Paris)
In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite unannounced inspections ("dawn raid”) to be carried out at the headquarters of (...)

The EU General Court partially annuls decisions ordering dawn raids at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
In three related judgments of October 5, 2020 (T-249/17, T-254/17 and T-255/17) the General Court (the “GC”) partially annulled European Commission inspection decisions which were the basis for dawn raids on several French retailers. The judgments further develop the position adopted in Czech (...)

The EU General Court partially annuls the decisions of the Commission to order dawn raids of a number of French retailers (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
White & Case (Brussels)
Partial annulment of European Commission decisions to order dawn raid inspections* On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French retailers.. The (...)

The EU General Court partially annuls the Commission decision ordering inspections at French food retail chains headquarters (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Ashurst (Paris)
On 5 October 2020, the EU General Court ("GC") partially annulled European Commission ("Commission") decisions ordering inspections at ITM and Casino’s premises in 2017 following suspicions of illegal anticompetitive exchanges of competitively sensitive information. WHAT YOU NEED TO KNOW - KEY (...)

The Slovak Competition Authority initiates administrative proceedings in the matter of a possible agreement restricting competition in a public procurement for the provision of engineering services in the field of agriculture
Slovak Competition Authority (Bratislava)
CARTELS: AMO SR initiated an administrative proceedings in the matter of a possible agreement restricting competition in a public procurement for the provision of engineering services in the field of agriculture* On 30 September 2020 the Antimonopoly Office of the Slovak Republic, the (...)

The Mexican Competition Authority investigates possible absolute monopolistic practices in the market for waterproofing products
Mexican Competition Authority (Mexico City)
COFECE investigates possible absolute monopolistic practices in the market for waterproofing products* The Investigative Authority has evidence to suggest anticompetitive conducts in said market. This investigation must not be understood as a prejudgment, but as an action by the authority to (...)

The US District Court for the Middle District of Florida indicts former cancer centre president for participation in a long-running antitrust conspiracy (Dr. William Harwin)
US Department of Justice - Antitrust Division (Washington)
Former Cancer Center President Indicted For Participation In Long-Running Antitrust Conspiracy* A federal grand jury returned an indictment against Dr. William Harwin, founder and former President of Florida Cancer Specialists & Research Institute LLC (FCS), for conspiring to allocate (...)

The Austrian Cartel Court finds musical instrument manufacturer guilty of price fixing (Roland Germany)
Austrian Competition Authority (Vienna)
Cartel Court finds Roland Germany GmbH guilty of price fixing* The company cooperated with the AFCA within the leniency programme On 24 September 2020 the Cartel Court, acting on the Austrian Federal Competition Authority’s (AFCA) application of 2 June 2020, found Roland Germany GmbH to have (...)

The Bulgarian Competition Authority addresses allegations for participation in an agreement for fixing the resale price of child care and mother care products (Smart SM)
Bulgarian Commission for the Protection of Competition (Sofia)
CPC has addressed allegations for committed infringement of Art. 15, par. 1 of the LPC to Smart SM OOD* By Statement No. 732/17.09.2020 delivered under case No. КЗК-359/2018 on the grounds of art. 74, par. 1, item 3 of the LPC, the CPC has addressed allegations for committed infringement of Art. (...)

The Norwegian Competition Authority considers imposing fines on four publishers and a book database company for illegally sharing competitive sensitive information (Cappelen Damm / Forlagshuset Vigmostad & Bjørke / Gyldendal / Aschehoug / Bokbasen)
Norwegian Competition Authority
Considers imposing fines on five companies in the book market totalling NOK 502 million* The Norwegian Competition Authority warns in a statement of objections that it considers imposing fines of NOK 502 million in total on the four publishers Cappelen Damm, Forlagshuset Vigmostad & Bjørke, (...)

The EU Commission publishes the results of its consultation on foreign subsidies
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Brussels)
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Freshfields Bruckhaus Deringer (Brussels)
The European Commission (’the Commission’) has published the results of the public consultation on its June White Paper on foreign subsidies. The policy document announces a legislative proposal for the control of companies in the EU market that benefit from foreign subsidies. In total, 150 (...)

The Spanish Competition Authority sanctions the amendment of the 4th framework agreement on stowage, for restricting competition (ANESCO / CETM / UGT / CC.OO. / CIG / LAB / ELA)
Spanish Competition Authority (Madrid)
The CNMC sanctions the amendment of the 4th framework agreement on stowage, for restricting competition* The entities (a business association and six unions) established, as part of the Negotiating Commission of the 4th Framework Agreement on Stowage, the forced transfer - under non-objective, (...)

The Spanish Competition Authority fines 33 school transport companies and one association for creating a school transport cartel (School transport cartel / Asociación Navarra de Empresarios del Transporte por Carretera y Logística)
Spanish Competition Authority (Madrid)
The CNMC fines 33 school transport companies and one association for creating a school transport cartel in Navarre* The companies conspired to share the school transport by zones and deceive the School Board of the Government of Navarre, driving up the prices of the service for 8 years. The (...)

The Spanish Competition Authority fines 33 school transport companies and one association with €3.36 million for creating a school transport cartel (School transport cartel / Asociación Navarra de Empresarios del Transporte por Carretera y Logística)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 9 September 2020, the Spanish Competition Authority (“CNMC”) imposed fines totalling € 3.36 million on 33 school transport companies and fined one association € 15,000 for their involvement in a bid-rigging cartel in the school transport sector in the region of Navarre from 1 December 2013 until (...)

The Italian Competition Authority fines four taxi firms for foreclosure of open platforms (Consortaxi / Taxi Napoli / Radio Taxi Partenope / Desa Radiotaxi) Free
Herbert Smith Freehills (Milan)
On 15 September 2020, the Italian Competition Authority (“ICA”) found that four taxi firms had entered into an agreement having as its object the prevention of competition by app providers in Naples. Due to the seriousness of the breach of Article 101 TFEU, a request by the parties that a (...)

The Japanese FTC approves a commitment plan brought by an e-commerce company (Amazon)
Japan Fair Trade Commission (Tokyo)
Approval of the Commitment Plan submitted by Amazon Japan G.K.* In response to the notice which the Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) issued to Amazon Japan G.K. (hereinafter referred to as “Amazon Japan”) in accordance with the Commitment Procedures on July 10, (...)

The Dutch Competition Authority finds in its market study that supermarkets offer chicken meat that is more sustainable without any anti-competitive agreements
Netherlands Authority for Consumers & Markets (The Hague)
Dutch supermarkets offer chicken meat that is more sustainable without any anticompetitive agreements* Dutch supermarkets nowadays offer a lot more chicken-meat varieties where the chickens have lived better lives. Virtually all of the chicken meat varieties currently on offer have been (...)

The US DoJ Assistant Attorney General announces re-organization of the Antitrust Division’s civil enforcement program
US Department of Justice - Antitrust Division (Washington)
Assistant Attorney General Makan Delrahim Announces Re-Organization of the Antitrust Division’s Civil Enforcement Program* Changes Will Allow for More Vigilant Enforcement, Deeper Expertise in Technology Trends The Department of Justice’s Antitrust Division announced today that it is creating (...)

The Hong Kong Competition Authority cautions participants of anti-COVID-19 subsidy programs to comply with the Competition Ordinance Free
Hong Kong Competition Commission
Competition Commission cautions participants in anti-epidemic subsidy programmes to comply with Competition Ordinance* The Competition Commission (Commission) has noticed recent media reports on businesses suspected of engaging in collusive practices when procuring and supplying goods and (...)

The Spanish Competition Authority challenges certain provisions of the Basque Government’s decree for private hire vehicles
Spanish Competition Authority (Madrid)
The CNMC decides to challenge certain provisions of the VTC Decree issued by the Basque Government* The provisions being challenged require VTC customers to pre-hire the service 30 minutes in advance and prevent them from geolocating the vehicles available before hiring them. The CNMC asked (...)

The Latvian Supreme Court upholds the Competition Authority’s conclusion that a city council’s auction to lease its crematorium is groundlessly restrictive (Riga City Council / Rīgas kremācijas centrs – krematorija)
Konkurences padome (Riga)
A judgment of the Supreme Court confirms the conclusion of the Competition Council on competition restriction on the cremation market of Riga* Already in 2015 the Competition Council of The Republic of Latvia (the CC), after conducted sector inquiry, raised alarm concerning the disorganised (...)

The Portuguese Competition Authority issues statement of objections to 4 telecom undertakings for cartel agreement to limit competition in online advertising (MEO / NOS / NOWO / Vodafone)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to MEO, NOS, NOWO and Vodafone for cartel to limit competition in online advertising* The AdC issued a Statement of Objections to the telecommunications operators MEO - Serviços de Comunicações e Multimédia (MEO), NOS Comunicações, SA, NOWO - Communications, SA (...)

The Lithuanian Competition Authority fines national transport safety administration for extending contracts with 42 service providers without a competitive procedure (Lithuanian Transport Safety Administration)
Lithuanian Competition Authority (Vilnius)
Contract Extensions With Passenger Road Transport Service Providers Without a Competitive Procedure Restricted Competition* The Lithuanian competition authority Konkurencijos taryba has found that the Lithuanian transport safety administration (LTSA) infringed the Law on Competition when it (...)

The UK Competition Authority fines 3 pharmaceutical companies £2.3 million for anti-competitive agreement in the supply of life-saving drug fludrocortisone and secures £8 million in damages for the National Health Service (Aspen / Amilco / Tiofarma)
United Kingdom’s Competition Authority - CMA (London)
CMA levies fines of £2.3m and secures £8m for NHS in pharma probe* The CMA has formally concluded that 3 pharmaceutical companies took part in an illegal arrangement in relation to the supply of life-saving medicine. The investigation by the Competition and Markets Authority into the supply of (...)

The EU General Court orders that the fine imposed on a semiconductor manufacturer for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600 (Infineon Technologies)
General Court of the European Union (Luxembourg)
The General Court orders that the fine imposed on Infineon for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600* The Commission took insufficient account of the limited number of the anticompetitive contacts which (...)

The US DoJ charges Louisiana company with conspiracy to defraud the Government and violate the Procurement Integrity Act (Cajan Welding & Rentals)
US Department of Justice - Antitrust Division (Washington)
Louisiana Company Charged With Conspiracy To Defraud The Government And Violate The Procurement Integrity Act* United States Attorney Peter G. Strasser and Makan Delrahim, Assistant Attorney General for the Antitrust Division of the Department of Justice, announced that CAJAN WELDING & (...)

The Japanese FTC issues a cease and desist order against 3 distributors of high school uniforms in Toyota City, Aichi Prefecture for engaging in anticompetitive conduct (Gakuseinomise Mikusa Toyotaten / Kondo Yofukuten / Nonoyama Yofuku)
Japan Fair Trade Commission (Tokyo)
JFTC Issued Cease and Desist Orders against Uniform Distributors of Aichi Prefectural High Schools in Toyota City* JFTC today issued cease and desist orders pursuant to the provision of Paragraph 2, Article 7 of the Antimonopoly Act (hereinafter referred to as “AMA”) against the uniform (...)

The US DoJ charges fifth pharmaceutical company in ongoing criminal antitrust investigation into fixing prices of generic drugs (Glenmark Pharmaceuticals)
US Department of Justice - Antitrust Division (Washington)
Fifth Pharmaceutical Company Charged In Ongoing Criminal Antitrust Investigation* Glenmark Pharmaceuticals Inc., USA was charged for conspiring to fix prices for generic drugs, the Department of Justice announced today. The charge, filed today in the U.S. District Court in Philadelphia, (...)

The Danish Competition Authority finds that a digital platform for professional service providers infringed competition law by object when its algorithm suggested minimum quotes that accountants and bookkeepers should charge clients on the platform (Ageras)
Danish Competition and Consumer Authority (Copenhagen)
Danish Competition Council: Ageras has infringed competition law* This decision concerns the actions of the digital platform Ageras A/S (Ageras). Ageras offers a digital platform - www.ageras.dk – that allows users of professional services such as accounting, bookkeeping and legal services to (...)

The Peruvian Competition Authority publishes informational guidelines about anticompetitive agreements among companies in labor markets
Peruvian Competition Authority - INDECOPI (Lima)
Indecopi publishes informational guidance on the importance of respecting competition in labor markets* These Guidelines are aimed at companies, employers and human resources professionals and are intended to inform them about the risks of implementing anti-competitive agreements affecting (...)

The Italian Competition Authority opens investigation into alleged anticompetitive agreement obstructing procurement of free films by film arenas (ANICA / ANEC / ANEC Lazio)
Italian Competition Authority (Rome)
I840 - ICA: launch of an investigation into Anica, Anec and Anec Lazio for obstructing the procurement of films, free of charge, by film arenas* The Authority launched an investigation into Associazione Nazionale Industrie Cinematografiche Audiovisive e Multimediali (ANICA), Associazione (...)

The Danish Competition Authority orders a fashion company to stop anti-competitive information exchange with its retailers (Hugo Boss / Kaufmann) (Hugo Boss / Ginsborg)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 24 June 2020, the Danish Competition Council (“DCC”) adopted two separate decisions concerning anticompetitive conduct engaged in: (i) between the clothing manufacturer, supplier and retailer Hugo Boss Nordic ApS (“Hugo Boss”) and the retailer Axel Kaufmann ApS (“Kaufmann”) and (ii) between Hugo (...)

The Danish Competition Authority finds the exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items illegal (Hugo Boss / Kaufmann) (Hugo Boss / Ginsborg)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has adopted a decision finding the exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items illegal* On June 24 2020, the Danish Competition Council (DCC) adopted two separate decisions concerning (...)

The Mexican Competition Authority reports the Ministry of Energy’s new national electric system policy to the Supreme Court for undermining the fundamental principles of competition
Mexican Competition Authority (Mexico City)
COFECE files a constitutional controversy against the issuance of the Policy for reliability, security, continuity and quality in the National Electric System* The Mexican Federal Economic Competition Commission (COFECE or Commission) filed a constitutional controversy before the Supreme Court (...)

The UK Competition Authority finds competition concerns in Phase I investigation of educational supplies merger (Yorkshire Purchasing Organisation / Findel Education)
United Kingdom’s Competition Authority - CMA (London)
Competition concerns raised over educational supplies merger* The CMA has found that YPO’s anticipated acquisition of Findel raises competition concerns in the supply of resources to educational institutions in the UK. Yorkshire Purchasing Organisation (YPO) and Findel Education Limited (...)

The UK Supreme Court dismisses an appeal concerning the two largest payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa & MasterCard)
Van Bael & Bellis (Brussels)
On 17 June 2020, the UK Supreme Court dismissed Mastercard and Visa’s appeal against a 2018 ruling by the Court of Appeal of England and Wales and ruled that their multilateral interchange fees (“MIFs”) unlawfully restricted competition. The Supreme Court’s ruling potentially exposes Mastercard and (...)

The Australian Competition Authority proposes not to allow a camping industry association’s loyalty program due to its conditions amounting to exclusive dealing (Caravanning Queensland)
Australian Competition and Consumer Commission (Canberra)
Caravanning Queensland’s proposed ‘loyalty program’ raises competition concerns* The ACCC proposes not to allow plans by Caravan Trade and Industries Association of Queensland (Caravanning Queensland) to offer a ‘loyalty program’ to its members. Under the program, Caravanning Queensland would (...)

The UK Supreme Court finds a competition law infringement caused by payment card schemes used in supermarkets (Sainsbury’s / Visa & MasterCard)
Hausfeld (London)
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Hausfeld (London)
The UK Supreme Court recently handed down its eagerly anticipated Judgment in respect of unlawful interchange fee claims against MasterCard and VISA, following almost a decade of litigation. The Judgment provides welcome clarity to merchant retailers as to the unlawfulness of MasterCard’s and (...)

The UK Supreme Court finds that payment card schemes used in supermarkets infringe competition law (Sainsbury’s / Visa & MasterCard)
Morgan Lewis (London)
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Morgan Lewis (London)
,
Morgan Lewis (London)
On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (...)

The UK Supreme Court dismisses the two largest payment processing networks arguments on the basis that their multilateral interchange fees restricted competition but upholds grounds of appeal concerning the application of the “passing on” defence (Sainsbury’s / Visa / MasterCard)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
On 17 June 2020, the Supreme Court handed down a much anticipated judgment concerning the default multilateral interchange fees (MIFs) set by Mastercard and Visa (together, the Appellants). The case considered appeals relating to three separate damages actions brought by retailers against the (...)

The EU Commission goes extraterritorial with its new white paper that proposes a new set of tools designed to address distortive effects in the internal market caused by subsidies granted by states outside the EU
Orrick, Herrington & Sutcliffe (London)
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Orrick, Herrington & Sutcliffe (Paris)
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Orrick, Herrington & Sutcliffe (London)
The EU State Aid regime has long protected the EU internal market from anti-competitive subsidies granted by EU Member States. On 17 June 2020, the European Commission published a White Paper that proposes a new set of tools designed to address distortive effects in the internal market caused (...)

The US FTC approves final order settling all charges that manufacturer of law enforcement equipment entered into anti-competitive agreements with the seller of body-worn camera systems when they entered a merger of their businesses (Safariland / Axon / VieVu)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Settling Charges that VieVu’s Former Parent Company Safariland Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Safariland, (...)

The Cypriot Competition Authority initiates proceedings against national pharmaceutical association for prima facie infringements of national and EU competition laws regarding fixing of prices and other trade conditions (Cyprus Pharmaceutical Association)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition announces the notification of a Statement of Objections to the Cyprus Pharmaceutical Association regarding prima facie infringements of Section 3(1)(a) of the Protection of Competition Laws of 2008 and 2014 and Article 101(1) of the Treaty for (...)

The Mexican Competition Authority accepts commitments from the Association of Public Brokers to correct possible anticompetitive conducts
Mexican Competition Authority (Mexico City)
COFECE accepts commitments from the Association of Public Brokers to correct possible anticompetitive conducts* Relative monopolistic practices allegedly consisting in discriminatory treatment or establishing advantages in favour of certain agents were investigated in the market for the (...)

The Japanese FTC issues a cease and desist order against airplane fuel provider for requesting its customers not to be refuelled by its competitor (Mainami Aviation Services)
Japan Fair Trade Commission (Tokyo)
The JFTC Issued a Cease and Desist Order against Mainami Aviation Services Co., Ltd* Today, the Japan Fair Trade Commission (JFTC) issued a cease and desist order against Mainami Aviation Services Co., Ltd (Hereinafter “Mainami Aviation Services”). In this case, Mainami Aviation Services has (...)

The Japanese Competition Authority approves commitment plan submitted by an international contact lenses company to alleviate concerns of restrictive trading practices (Cooper Vision Japan)
Japan Fair Trade Commission (Tokyo)
Approval of the Commitment Plan submitted by Cooper Vision Japan, Inc.* In response to the Notice of Commitment Procedures which the Japan Fair Trade Commission (hereinafter referred to as “JFTC”) issued to Cooper Vision Japan, Inc. (hereinafter referred to as “Cooper Vision Japan”) on March 13, (...)

The Peruvian Competition Authority publishes guidelines on competition compliance programs aimed at preventing companies from engaging in anticompetitive behavior
Peruvian Competition Authority - INDECOPI (Lima)
Indecopi publishes its "Guidelines on Competition Compliance Programs” which seeks to prevent the risks of engaging in anticompetitive behavior* The Commission for the Defense of Free Competition (CLC) introduced its “Guidelines on Competition Compliance Programs” (https://bit.ly/2MdDfqO) to (...)

The Portuguese Competition Authority imposes on the national football league a precautionary measure to suspend its no-poaching agreement, invoking issues caused by the COVID-19 pandemic (Portuguese Professional Football League) Free
Portuguese Competition Authority (Lisbon)
Covid - 19: AdC imposes precautionary measure on the Portuguese Football League that suspends no-poach agreement* The AdC ordered the Portuguese Professional Football League (LPFP in Portuguese) to immediately suspend the no-poach agreement, an agreement to not recruit or hire another clubs’ (...)

The Lithuanian Competition Authority warns travel organizers not to interfere with travel agencies’ pricing or discount decisions
Lithuanian Competition Authority (Vilnius)
Konkurencijos taryba warns travel agencies to refrain from anti-competitive behaviour* The Lithuanian competition authority Konkurencijos taryba responded to information on social media and warned travel agencies that their actions may be viewed as anti-competitive when some of them requested (...)

The Hong Kong Competition Authority accepts voluntary commitments by three major online travel agents (Booking.com / Expedia / Trip.com)
Hong Kong Competition Commission
Competition Commission accepts commitments offered by online travel agents* The Competition Commission (Commission) today announced the acceptance of voluntary commitments offered under section 60 of the Competition Ordinance (Ordinance) by three major online travel agents (OTAs), namely (...)

The Turkish Competition Authority initiates its first pandemic related investigation against 29 undertakings operating in the different levels of food and cleaning/hygiene products market and announces that it will investigate the pricing behaviours Free
ACTECON (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Esin (Istanbul)
The Turkish Competition Authority (“TCA”) on March 23, 2020 gave its heads up to undertakings that it was “closely following the price increases”, which it referred to as “opportunistic” during the pandemic . As such, the TCA warned in its announcement that it will impose the highest fines allowed by (...)

The French Competition Authority dismisses TV distribution platform’s allegations of collusion between 2 TV channel owners due to lack of evidence (Molotov / TF1 / M6) Free
French Competition Authority (Paris)
The Autorité de la concurrence dismisses Molotov’s complaint concerning the practices of TF1 and M6 for lack of evidence* Molotov is a television channel distribution platform which aggregates and streams French audiovisual programmes over the top (OTT), i.e. via the Internet. The application (...)

The EU Commission seeks feedback on commitments offered by semiconductor manufacturer concerning TV set-top box and modem chipset markets (Broadcom)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Broadcom concerning TV set-top box and modem chipset markets* The European Commission invites comments from interested parties on commitments offered by Broadcom to address competition concerns in relation to Broadcom’s conduct in (...)

The US FTC approves final order settling charges that merger of polyurethane foam producers was anti-competitive (FXI Holdings / Innocor)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Settling Charges that Merger of Polyurethane Foam Producers Was Anticompetitive* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the merger of polyurethane foam producers FXI Holdings, Inc. and Innocor, (...)

The Latvian Administrative Regional Court in Riga confirms involvement of the local government company in the so-called nano water acquisition bid-rigging case (Rīgas satiksme)
Konkurences padome (Riga)
The court confirms involvement of the local government company SIA “Rīgas satiksme” in the so-called nano water acquisition bid-rigging* On 20 April, the Administrative Regional Court left effective the decision adopted by the Competition Council of Latvia (the CC), according to which last year (...)

The US FTC proposes new order settling all charges that manufacturer of law enforcement equipment entered into anticompetitive agreements with the seller of body-worn camera systems when they entered a merger of their businesses (Safariland / Axon / VieVu)
US Federal Trade Commission (FTC) (Washington)
VieVu’s Former Parent Company Safariland Agrees to Settle Charges That It Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Settlement is part of a larger case challenging Axon’s consummated acquisition of former competitor VieVu Safariland, LLC, which (...)

The US FTC adds 6 State Attorneys General as co-complainants in suit against anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim (Vyera Pharmaceuticals / Martin Shkreli / Phoenixus / Kevin Mulleady)
US Federal Trade Commission (FTC) (Washington)
Six More States Join FTC and NY Attorney General’s Case Against Vyera Pharmaceuticals, Martin Shkreli, and Other Defendants* Defendants engaged in anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim The Federal Trade Commission has (...)

The Lithuanian Competition Authority opens investigation into a suspected anticompetitive agreement among national basketball league and individual basketball clubs and warns similar agreements are not justified by the COVID-19 health emergency (Lithuanian Basketball League) Free
Lithuanian Competition Authority (Vilnius)
KONKURENCIJOS TARYBA LAUNCHES INVESTIGATION INTO SUSPECTED ANTI-COMPETITIVE AGREEMENT AMONG LITHUANIAN BASKETBALL LEAGUE AND BASKETBALL CLUBS* The Lithuanian competition authority Konkurencijos taryba has launched an investigation into a suspected anti-competitive agreement among the (...)

The US DoJ and FTC issue a series of joint and other statements concerning the enforcement of the antitrust laws on labor market issues following COVID-19 pandemic Free
Morgan Lewis (Washington)
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Morgan Lewis (Philadelphia)
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Morgan Lewis (Silicon Valley)
The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor market. Here are some issues and factors that businesses should consider to (...)

The US DoJ and FTC issue a joint antitrust statement regarding COVID-19 and competition in labor markets and recognise that firms may need to cooperate in unprecedented ways to respond to the pandemic Free
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
The COVID-19 pandemic has placed additional stressors on labor markets, particularly for healthcare workers and essential employees. While recognizing that employers, recruiters and staffing agencies may need—and be allowed to—cooperate in unprecedented ways to address current needs, on April 13, (...)

The US DoJ agrees to a civil settlement with an additional firm involved in a bid-rigging that targeted fuel supply contracts for military bases in South Korea (Jier Shin Korea / Sang Joo Lee)
US Department of Justice - Antitrust Division (Washington)
DOJ Agrees to Civil Settlement with Additional Firm Involved in Bid Rigging and Fraud Targeting Defense Department Fuel Supply Contracts for U.S. Military Bases in South Korea* South Korea-based company Jier Shin Korea Co. Ltd., and its president, Sang Joo Lee, have agreed to pay $2 million to (...)

The German Federal Court of Justice upholds the Competition Authority’s decision finding that certain online banking associations infringed competition law by imposing T&C on online payments preventing customers from entering their codes when accessing third party payments (Deutsche Kreditwirtschaft)
Van Bael & Bellis (Brussels)
On 7 April 2020, the German Federal Court of Justice (the “FCJ”) issued its judgment on an appeal against a decision of the Federal Cartel Office (the “FCO”) which had found that a number of German banking associations had infringed competition law in connection with general terms and conditions of (...)

The EU Court of Justice emphasises the need for a case and context-specific evaluation of ’by object’ restrictions and provides guidance on what sort of evidence is relevant, in a multilateral interchange fee credit card transaction (Budapest Bank)
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
I. Introduction On 2 April 2020, the Court of Justice of the European Union ("CJEU") delivered its judgment in Budapest Bank, another key ruling on the assessment of 'by object' restrictions of competition within the meaning of Article 101(1) TFEU. With this judgment, the (...)

The EU Court of Justice confirms the limitations that apply before courts are able to classify anticompetitive agreements as a restriction of competition by object under Art 101 TFEU in a multilateral interchange fee credit card transaction (Budapest Bank)
Ashurst (London)
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Ashurst (London)
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Ashurst (Brussels)
On 2 April 2020, the European Court of Justice ("ECJ") delivered its judgment in Budapest Bank on a reference for a preliminary ruling from Hungary’s highest court. The judgment confirms the important limitations that apply before competition authorities and courts are able classify (...)

The EU Court of Justice ascertains whether the multilateral interchange fee set by the banks for credit card transactions with a merchant pursued no objective other than a simple price increase (Budapest Bank)
Van Bael & Bellis (Brussels)
On 2 April 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered a preliminary ruling in which it provided clarifications and guidance to the Kúria (Supreme Court of Hungary) on the distinction between restrictions of competition “by object” and “by effect” under (...)

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

The Spanish Competition Authority announces that it has launched an online hotline for operators to report anti-competitive practices or to make inquiries in matters of competition law related to measures or practices adopted as a result of the health crisis caused by the COVID-19 outbreak Free
Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
The CNMC bolsters its online whistleblowing hotline to pursue anticompetitive conduct in any sector, although with a special interest in the medical equipment, funeral and cremation services sectors. An enquiries platform is also launched so that operators can make competition law enquiries to (...)

The Spanish Competition Authority makes available a special mailbox for complaints and queries related to the application of competition rules in the context of the health crisis created by COVID-19 Free
Bird & Bird (Madrid)
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Ecija & Asociados (Madrid)
The Spanish Competition authority (the "CNMC") has made available a special mailbox for complaints and queries related to the application of competition rules in the context of the health crisis created by COVID-19. During these exceptional circumstances, this mailbox is intended to resolve (...)

The Brazilian Competition Authority agrees to suspend deadline for implementing certain antitrust compliance commitments undertaken in a cartel case Settlement Agreement due to COVID-19 pandemic (Basso / Valbrás) Free
Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
Due to the impacts of the Covid-19 outbreak, the Brazilian Antitrust Authority (“CADE”) agreed to suspend the deadline for implementation of some antitrust compliance commitments undertaken in a Settlement Agreement (“Settlement”) in the context of a cartel investigation. In this short note we (...)

The Mexican Competition Authority warns the National Chamber of the Sugar and Alcohol Industry that increases in alcohol prices may be caused by anticompetitive agreements between economic agents which is especially problematic with increased demand for pure alcohol products by healthcare providers during the COVID-19 pandemic Free
Mexican Competition Authority (Mexico City)
COFECE warns the National Chamber of the Sugar and Alcohol Industry that increases in alcohol prices, alcohol products and other inputs for its production, may be caused by agreements between economic agents* Prices established by each producer of alcohol and the inputs required for its (...)

The German Competition Authority fines technical building service providers for bid-rigging (Caverion Deutschland)
German Competition Authority (Bonn)
Bundeskartellamt / Cartel prosecution* Bundeskartellamt finalized fines proceedings against providers of technical building services Bonn, 27 March 2020: In December 2019 the Bundeskartellamt has finalised the fines proceedings against eleven technical building service providers. The (...)

The Lithuanian Competition Authority ends its investigation into alleged anti-competitive agreement in the household manufacturing sector (Tikkurila, Tikkurila/Kesko Senukai Lithuania/Kesko Senukai Digital/ Ermitažas/DAW Lietuva/Topcolor)
Lithuanian Competition Authority (Vilnius)
KONKURENCIJOS TARYBA HASN’T SPOTTED ANTI-COMPETITIVE AGREEMENTS BETWEEN CONSTRUCTION, REPAIR AND HOUSEHOLD PRODUCT MANUFACTURERS AND SELLERS* Konkurencijos taryba has terminated investigation into the alleged anti-competitive agreement among 7 Lithuanian and Latvian companies engaged in the (...)

The French Competition Authority fines five companies in La Réunion for engaging in concerted practices in the home removals market (AGS Réunion / DEM Austral / T2M / A.T. Océan Indien / Transdem)
French Competition Authority (Paris)
Home Removals: the Autorité de la concurrence fines five companies in La Réunion for engaging in concerted practices.* Background Following a report by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) and an investigation, the Autorité hands out fines (...)

The French Competition Authority fines a big tech company and its wholesalers for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its premium independent distributors (Apple / Tech Data / Ingram Micro)
French Competition Authority (Paris)
Fines handed down to Apple, Tech Data and Ingram Micro* The Autorité de la concurrence hands out fines totalling €1,1 billion to Apple for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its “premium” (...)

The Portuguese Competition Authority warns all market participants that it will continue to stay vigilant against anticompetitive practices that exploit the special situation caused by the COVID-19 pandemic Free
Portuguese Competition Authority (Lisbon)
AdC assures vigilance of anticompetitive practices that exploit current situation* In times of great collective effort, the AdC wishes to assure that it remains particularly vigilant in its mission. This includes the detection of possible anticompetitive practices that exploit the current (...)

The French Competition Authority fines a big tech company a record €1 billion and its wholesalers €139 million for a series of vertical restrictions within the distribution network and abuse of economic dependence (Apple / Tech Data / Ingram Micro)
AD LEGAL (Paris)
In a decision of March 16, 2020, the French Competition Authority (Autorité de la concurrence, hereinafter “FCA”) imposed a €1,1 billion fine on the Apple group (“Apple”) for (i) engaging in a series of vertical restrictions of competition within its distribution network and (ii) abusing the economic (...)

The Ankara Administrative Court reassesses the Competition Authority’s decision on price squeezing allegations in the telecommunications sector (Türk Telekom / TTNET)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Background In 2012, the Board launched a full-fledged investigation against Türk Telekom and TTNET upon the complaints of certain Internet service providers (“ISP”), alleging that Türk Telekom and TTNET had abused their dominant positions in the wholesale and retail markets for fixed broadband (...)

The US DoJ charges two executives with conspiracy to rig bids and fix prices in the market for commercial flooring (Robert A. Patrey Jr. / Kenneth R. Smith)
US Department of Justice - Antitrust Division (Washington)
Two Commercial Flooring Executives Plead Guilty to Rigging Bids in Violation of Federal Antitrust Laws* Two commercial flooring executives, Robert A. Patrey Jr. and Kenneth R. Smith, pleaded guilty for their role in an antitrust conspiracy to rig bids and fix prices for commercial flooring (...)

The World’s Authorities present steps to minimise the impact of COVID-19 on antitrust related issues that businesses may confront in the coming days of the outbreak Free
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
I. INTRODUCTION The COVID-19 pandemic presents unprecedented issues for businesses and we recognize that antitrust is unlikely to be your most important concern at this time. However, some forethought may mitigate risk of future exposure, and position your business as well as possible in this (...)

The Portuguese Competition Authority fines five companies and five board members or directors involved in a cartel in railway maintenance (Construções / Técnica Ferroviárias / Somafel / Engenharia e Obras Ferroviárias)
Portuguese Competition Authority (Lisbon)
AdC adopts sanctioning decision which concludes proceedings against railway maintenance companies with a total fine of €3.4 M and disqualification of participation in public tenders* The AdC (Portuguese Competition Authority) today adopted a sanctioning decision that concludes the process (...)

The UK Competition Authority fines four pharmaceutical companies a total of £3,4 million for breaching competition law in relation to the supply of the antidepressant drug for market sharing and exchanging sensitive information (King Pharmaceuticals / Auden Mckenzie / Lexon / Alissa Healthcare)
Van Bael & Bellis (Brussels)
On 4 March 2020, the UK’s Competition and Markets Authority (“CMA”) fined four pharmaceutical companies a total of £ 3.4 million for breaching competition law in relation to the supply of the antidepressant drug nortriptyline. The companies involved in the infringement were King Pharmaceuticals, (...)

The UK Competition Authority closes its pharma probe by fining 4 companies more than £3.4 million and requiring a payment of £1 million directly to the NHS for breaches of competition law in relation to the supply of an antidepressant (King Pharmaceuticals / Accord-UK / Lexon / Alissa Healthcare Research)
United Kingdom’s Competition Authority - CMA (London)
Over £3m in fines and £1m for NHS in CMA pharma probe* Following an investigation, the CMA has found that 4 pharmaceutical companies broke competition law in relation to the supply of an antidepressant. The probe by the Competition and Markets Authority (CMA) into the supply of nortriptyline, a (...)

The EU Commission imposes a €6.7 million fine on a Spanish hotel group for restrictions on cross-border sales of hotel accommodations by including discriminatory clauses in its agreements with tour operators (Meliá)
Van Bael & Bellis (Brussels)
On 21 February 2020, the European Commission (the “Commission”) announced its decision to fine Spanish hotel group Meliá € 6,678,000 for including clauses in its agreements with tour operators that discriminated between consumers based on their country of residence. According to the Commission’s (...)

The EU Commission fines hotel group for including restrictive clauses in its agreements with tour operators (Meliá)
DG COMP (Brussels)
Antitrust: Commission fines hotel group Meliá €6.7 million for discriminating between customers* The European Commission has fined Spanish hotel group Meliá €6 678 000 for including restrictive clauses in its agreements with tour operators. These clauses discriminate consumers within the European (...)

The Mexican Competition Authority fines polyethylene gloves providers for price coordination and bid-rigging in the health sector (Galeno / Holiday)
Mexican Competition Authority (Mexico City)
COFECE sanctions polyethylene gloves providers for coordinating their prices and discounts bids in public procurement in the health sector*  The Commission proved the responsibility of Galeno and Holiday in the execution of absolute monopolistic practices, also known as collusive agreements or (...)

The US FTC and the FDA issue a joint statement and plan seeking to advance biosimilar competition and combat deceptive and anticompetitive practices in the biologic marketplace
White & Case (Washington)
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White & Case (Washington)
On February 3, 2020, the Federal Trade Commission ("FTC") and the Food and Drug Administration ("FDA") issued a joint statement and plan seeking to advance biosimilar competition and combat deceptive and anticompetitive practices in the "biologic marketplace." As discussed below, the FTC and (...)

The EU Commission fines a film and TV production company for restricting sales of film merchandise products (NBCUniversal)
DG COMP (Brussels)
Antitrust: Commission fines NBCUniversal €14.3 million for restricting sales of film merchandise products* The European Commission has fined several companies belonging to Comcast Corporation, including NBCUniversal LLC, (“NBCUniversal”) €14 327 000 for restricting traders from selling licensed (...)

The EU Court of Justice clarifies the criteria for the pay-for-delay agreements in the pharmaceutical sector (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 30 January 2020 the European Court of Justice (“ECJ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of patent (...)

The EU Commission reiterates in a case regarding a film and TV production company its position that if a business allows for the non-exclusive licensing of its products in the EEA the licensor can no longer control the sale of the product (NBCUniversal)
Norton Rose Fulbright (Brussels)
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Norton Rose Fulbright (Brussels)
The European Commission has reiterated its position that if a business allows for the non-exclusive licensing of its products in the EEA, such licensor can no longer control where, to whom, and in what manner (online/off-line) the products can be sold within the EEA. On 30 January 2020, the (...)

The UK Competition Authority welcomes the EU Court of Justice’s ruling in a pay-for-delay case (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
United Kingdom’s Competition Authority - CMA (London)
CMA welcomes EU Court ruling in pay-for-delay drug case* The CMA welcomes a ruling from the EU Court of Justice in relation to its case that drug companies supplying an antidepressant called paroxetine broke the law. The ruling, released today, follows appeals from GlaxoSmithKline and other (...)

The EU Court of Justice rules that pay-for-delay patent settlements may restrict competition by object (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Van Bael & Bellis (Brussels)
On 30 January 2020, the Court of Justice of the European Union (the “ECJ”) handed down its judgment in Case C-307/18, Generics (UK) and Others. This case marks the first time the ECJ has ruled on patent settlement agree- ments between originator pharmaceutical companies and generic producers. (...)

The EU Court of Justice clarifies the conditions under which pay-for-delay agreements preventing generic versions of a patented medicine from entering the market or delaying such entry may constitute a restriction of competition ‘by object’ or ‘by effect” as well as an abuse of dominant position (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
University of Liège
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University of Liège
On 30 January 2020, the Court of Justice of the EU (‘CJEU’) ruled on the applicability of competition law to settlement agreements between a holder of a pharmaceutical patent and manufacturers of generic medicines. In a judgment issued only a week after Advocate General Kokott delivered her (...)

The EU Court of Justice clarifies for the first time when patent settlement agreements that restrict a generic pharmaceutical company’s ability to enter the market infringe the EU antitrust rules (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Baker Botts (Brussels)
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Baker Botts (Brussels)
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Baker Botts (Brussels)
In a major judgment handed down on 30 January 2020 in Generics (UK) and Others, the EU Court of Justice (the Court) – the EU’s highest court – clarified for the first time the analytical framework for assessing when patent settlement agreements that restrict a generic pharmaceutical company’s (...)

The French Supreme Court overturns a Paris Court of Appeal judgment on the concept of restriction of competition by object in a bank fee cartel case (Banque de France / BPCE / Banque Postale / BNP-Paribas / CIC / HSBC / SG)
Van Bael & Bellis (Brussels)
On 29 January 2019, the French Supreme Court (the “Supreme Court”) annulled a judgment of the Paris Court of Appeal (the “Court of Appeal”) in the bank interchange fee cartel case on the grounds that the Court of Appeal’s interpretation of the concept of “restriction of competition by object” was (...)

The French Supreme Court annuls the fines previously imposed by the Competition Authority on ten banks for agreeing on the introduction of unjustified interbank fees (BPCE / Crédit agricole / BNP Paribas / Société générale...)
Bird & Bird (Paris)
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Bird & Bird (Paris)
A new development in the judicial saga around the 2010 decision by which the FCA imposed a EUR 384.9 million fine on 11 French banks for agreeing on the introduction of unjustified interbank fees during the transition towards a new digital system for processing checks. On 29 January 2020, the (...)

The UK Court of Appeal rejects an appeal against a judgment of the CAT which upheld the Competition Authority’s decision finding the online sales ban of a company’s custom-fitted golf clubs to be an unjustified restriction (Ping)
Van Bael & Bellis (Brussels)
On 21 January 2020, the UK Court of Appeal rejected an appeal brought by the golf club manufacturer Ping Europe Limited (“Ping”) against the 2018 judgment of the Competition Appeal Tribunal (“CAT”), which upheld the Competition and Markets Authority’s (“CMA”) 2017 decision finding Ping’s online sales (...)

The Italian Competition Authority opens an investigation against several shipping companies to assess an alleged agreement restricting competition in the market for the transport of flammable material and waste to and from the islands in the Gulf of Naples (Mediterranea Marittima / Servizi Marittimi Liberi Giuffré & Lauro / Medmar Navi / Tra.Spe.Mar / GML Trasporti Marittimi and Consorzio COTRASIR)
Italian Competition Authority (Rome)
ICA: investigation opened into an alleged anticompetitive agreement in the transport of fuel and waste to and from the Campanian Archipelago* On 14 January 2020, the Authority opened an investigation against the companies Mediterranea Marittima S.p.a., Servizi Marittimi Liberi Giuffré & (...)

The US DoJ and FTC issue draft vertical merger guidelines
Baker Botts (Washington)
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Baker Botts (Washington)
Update: On February 3, 2020, the DOJ and FTC announced that the deadline for submitting public comments on the draft vertical merger guidelines has been extended to February 26, 2020. The agencies also announced two public workshops – on March 11 and March 18 – to solicit dialogue on the draft (...)

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

The Italian Supreme Administrative Court accepts appeals against the Authority’s ruling which found that telecommunications companies restricted competition and prevented the development of disaggregated forms of supply of ancillary technical services (Telecom Italia)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 23 December, the Italian Supreme Administrative Court ("Consiglio di Stato") accepted the appeals lodged by several companies active in the supply of technical ancillary services and the incumbent network owner, Telecom Italia S.p.A., against the rulings of the Regional Administrative Court (...)

The French Competition Authority fines meal vouchers issuers for anticompetitive practices taking the form of information exchange, market sharing and price-fixing (Edenred France / Up / Natixis Intertitres / Sodexo Pass France)
French Competition Authority (Paris)
The Autorité de la concurrence fines the four historical meal vouchers issuers for a total of nearly 415 M€, for anticompetitive practices* Background The Autorité has been informed of anti-competitive practices in the meal vouchers sector by the company Octoplus (Resto Flash), which offers a (...)

The French Competition Authority fines fruit-compote manufacturers for pricing agreement and market sharing (Conserves France / Valade / Délis / Vergers de Chateaubourg / Materne / Andros / Charles Faraud / Charles & Alice)
French Competition Authority (Paris)
The Autorité de la concurrence hands down fine worth a total of up to 58.3 million euros to the main fruit-compote manufacturers for pricing agreement and market sharing* Background The Autorité publishes today a decision by which it fines a national cartel between the main fruit-compote (...)

The Italian Competition Authority fines over €30 million the main companies in the private security sector for bid-rigging (Allsystem / Coopservice / Italpol / IVRI / Sicuritalia)
Italian Competition Authority (Rome)
I821 - ICA: tenders for security services. Fine of over 30 million euros for an agreement restricting competition* The Italian Antitrust Authority has closed an investigation finding an anticompetitive agreement between the main companies in the private security sector, Allsystem, Coopservice, (...)

The German Competition Authority fines car makers for steel purchasing cartel (BMW / Daimler / Volkswagen)
Van Bael & Bellis (Brussels)
According to a press release of the German Federal Cartel Office (“FCO”) dated 21 November 2019, car manufacturers BMW, Daimler and Volkswagen were fined a total amount of approximately € 100 million for their involvement in a steel purchasing cartel between 2004 and 2013. The anticompetitive (...)

The Federal Court of Appeals for the District of Columbia grants motion to intervene by 12 car manufacturers, supporting government on uniform federal emissions standards, following the announcement of DOJ investigation of four other carmakers (Environmental Defence / National Highway)
Richard Wolfram, Esq. (New York)
TWELVE OTHER CARMAKERS MOVE TO SUPPORT GOVERNMENT ENFORCEMENT OF UNIFORM FEDERAL STANDARDS ON EMISSIONS - WILL THE DOJ INVESTIGATE?* This article follows up on an October 15, 2019 article by the author on a reported investigation by the DOJ Antitrust Division into possible ‘collusion’ by four (...)

The German Competition Authority fines car manufacturers for anti-competitive practices in the purchase of steel (BMW / Daimler / Volkswagen)
German Competition Authority (Bonn)
German car manufacturers fined for anticompetitive practices in the purchase of steel* The Bundeskartellamt has imposed fines totalling around 100 million euros on Bayerische Motoren Werke AG, Daimler AG and Volkswagen AG for anticompetitive practices in the purchase of long steel products. (...)

The UK Court of Appeal clarifies principles governing competition damages and reiterates that judges must base their decisions on the evidence before them by exclusively focusing on the loss of the claimant (BritNed / ABB)
Case Associates (London)
The Court of Appeal in BritNed v ABB [2019] EWCA Civ 1840 has again had to clarify the principles governing competition damages. It reaffirmed the English High Court’s rejection of the claimant’s approach to damages but took issue with the trial judge’s position that damages should err on the side (...)

The French Competition Authority fines road transport companies for market sharing (Astre)
French Competition Authority (Paris)
The Autorité de la concurrence fines the Astre transport group €3.8 million for anticompetitive practices.* Background Following an investigation report sent by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité de la concurrence has today (...)

The South African Competition Appeal Court dismisses an appeal following the Competition Tribunal’s decision for an abuse of dominance in contravention of the Competition Act (Computicket)
Primerio Limited (Johannesburg)
SOUTH AFRICA: COMPETITION APPEAL COURT CONFIRMS TRIBUNAL FINDING IN COMPUTICKET ABUSE OF DOMINANCE CASE* The South African Competition Appeal Court (CAC) on 23 October 2019 dismissed an appeal by Computicket (Pty) Ltd. (Computicket), following the decision of the Competition Tribunal (...)

The US DOJ opens an investigation of four car manufacturers for possible collusion by entering into an agreement with the State of California on light vehicle emissions and gas mileage standards
Richard Wolfram, Esq. (New York)
THE DOJ INVESTIGATES CAR MANUFACTURERS FOR ’COLLUSSION’ IN THEIR FRAMEWORK AGREEMENT WITH CALIFORNIA ON GAS MILEAGE AND EMISSIONS STANDARDS: SOUNDING THE DEPTHS OF PROSECUTORIAL DISCRETION ON ANTICOMPETITIVE COLLUSION AS DISTINGUISHED FROM PROCOMPETITIVE COLLABORATION* At a historic moment in (...)

The Ukrainian Competition Authority imposes a record-breaking fine totaling € 245.3 million on tobacco companies and their sole distributor for concerted practices (Tedis)
Redcliffe Partners (Kyiv)
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Redcliffe Partners (Kyiv)
In October 2019, the Antimonopoly Committee of Ukraine (the "AMC") imposed a record fine on the Ukrainian subsidiaries of four leading international tobacco producers, namely Philip Morris, JTI, Imperial Tobacco and British American Tobacco (the "Tobacco Companies"), and (...)

The French Competition Authority fines three companies and their wholesale importers for having set up exclusive import agreements in the distribution of perfumes and cosmetic products market in Guadeloupe, Martinique, French Guiana and La Réunion (Procter & Gamble / Coty / Chanel)
French Competition Authority (Paris)
Distribution of perfumes and cosmetics in the French Antilles, French Guiana and La Réunion* The Autorité de la concurrence hands down fines to Procter & Gamble, Coty and Chanel and their wholesale importers for having set up exclusive import agreements. The Lurel Law has prohibited (...)

The Belgian Competition Authority issues a guide on the exchange of information in the framework of professional association
Belgian Competition Authority (Brussels)
Guide on the exchange of information in the framework of professional association* After completing the public consultations, the Board of the Belgian Competition Authority (BCA) has adopted on the 1st of October 2019 a guide on the exchange of information in the framework of professional (...)

The EU General Court annuls a cartel fine imposed by the Commission due to insufficient motivation (HSBC)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
The General Court of the EU annuls cartel fine imposed to HSBC by the Commission due to insufficient motivation (Judgment of the General Court of the EU of 24 September 2019 in Case T-105/17 HSBC Holdings plc, HSBC Bank plc, HSBC France v Commission). In December 2016, the Commission adopted a (...)

The EU General Court reaffirms the Commission’s duty to provide sufficient reasons when explaining fine calculations in cartel cases (HSBC)
Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 September 2019, the EU General Court (GC) handed down its judgment in HSBC v. Commission. Consistent with recent precedent, the GC reaffirmed the European (...)

The EU Advocate General Bobek publishes his opinion on the concept of restriction of competition by object or by effect (Gazdasági Versenyhivatal / Budapest Bank)
Dentons (Brussels)
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Levi Strauss (Brussels)
AG BOBEK’S OPINION IN BUDAPEST BANK: ON OBJECT VS. EFFECT, FISH AND LILIES* On September 5, 2019, Advocate General Bobek published his opinion in the Budapest Bank case (C-228/18). The opinion provides very clear and practical guidance on the concept of restriction of competition by object – a (...)

The Advocate General Bobek provides an analytical framework to assess the appropriateness of ‘by object’ qualifications while clarifying and consolidating the case-law on the dichotomy between ‘by object’ and ‘by effect’ restrictions (Budapest Bank)
Latham & Watkins (Brussels)
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KU Leuven
Comment On 5 September 2019, Advocate General (‘AG’) Bobek delivered his Opinion in the Budapest Bank case following a request for a preliminary ruling from the Hungarian Supreme Court (‘HSC’). AG Bobek advised on several matters such as the existence of an obligation for National Competition (...)

The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on an alleged abuse of dominance in the social networks (Facebook)
Baker Botts (London)
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Baker Botts (Washington)
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Baker Botts (Brussels)
On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as to the (...)

The EU Commission sends a statement of objection to operators of mobile telephony regarding their network sharing agreement in the Czech market (O2 / CETIN / T-Mobile)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to O2 CZ, CETIN and T-Mobile CZ for their network sharing agreement* The European Commission has informed Czech operators of mobile telephony O2 CZ and T-Mobile CZ, as well as the Czech telecom infrastructure provider CETIN of its preliminary (...)

The Croatian Competition Authority fines companies for price fixing cartel in the sewage treatment market (Daska / Krtolin / Jole / Garma-promet / Kula)
Croatian Competition Agency (Zagreb)
Price fixing cartel in the sewage treatment market – CCA imposes fines* The Croatian Competition Agency detected a prohibited agreement – cartel between five undertakings in the Šibenik region who fixed the price in the provision of pumping out, transportation and disposal of human waste from (...)

The Portuguese Competition Authority fines a brewing company for engaging in resale price maintenance practices in hotels, restaurants and cafés (Super Bock)
Portuguese Competition Authority (Lisbon)
AdC sanctioned Super Bock for fixing minimum resale prices in hotels, restaurants and cafes* The AdC (Autoridade da Concorrência) sanctioned Super Bock Bebidas S.A., one board member and one director of the company to fines of €24 million for fixing minimum resale prices and other commercial (...)

The Portuguese Competition Authority accuses two advertising associations of restricting competition in the advertisement services market by setting rules to prevent the participation of its associates in tenders (APAN / APAP)
Portuguese Competition Authority (Lisbon)
AdC accuses Portuguese advertisers and advertising agencies of limiting the normal functioning of the market* The AdC (Autoridade da Concorrência) accuses the Portuguese advertisers association APAN (Associação Portuguesa de Anunciantes) and the advertising agencies association APAP (Associação (...)

The Italian Council of State confirms the national Antitrust Authority’s fine of €180 million to a pharmaceutical company for having “artificially differentiated” their medicinal products when entering into an anticompetitive agreement by object (Roche / Novartis)
White & Case (Milan)
1. Introduction The Italian Council of State, with its judgment No. 4990 of 2019, rejected the appeal proposed by F. Hoffmann-La Roche Ltd, Roche S.p.A., Novartis AG and Novartis Farma S.p.A. against the first-instance judgement by which the Regional Administrative Court of Latium (the (...)

The EU Commission fines a company for restricting cross-border sales of merchandising products featuring their brand characters (Sanrio)
DG COMP (Brussels)
Antitrust: Commission fines Sanrio €6.2 million for restricting cross-border sales of merchandising products featuring Hello Kitty characters* The European Commission has fined Sanrio €6.2 million for banning traders from selling licensed merchandise to other countries within the EEA. This (...)

The EU Commission fines a company €6.2 million for restricting cross-border sales of merchandising products (Sanrio)
Van Bael & Bellis (Brussels)
On 9 July 2019, the Japanese company Sanrio was fined € 6.2 million by the European Commission (“Commission”) for infringing Article 101 Treaty on the Functioning of the European Union by restricting cross-border sales by its licensees. According to the Commission’s press release, the case (...)

The French Competition Authority fines a distribution cooperative of raw materials and baker equipment for market sharing (Back Europ)
French Competition Authority (Paris)
Distribution of raw materials and equipment to bakers* The Autorité hands down fines to the cooperative Back Europ for having organised, on the whole of France, a geographical market distribution between its members. L’essentiel The Autorité hands down fines to the cooperative Back Europ for (...)

The French Competition Authority fines a cooperative for having partitioned French distribution market of raw materials and equipment to bakers (Back Europ)
Van Bael & Bellis (Brussels)
On 8 July 2019, the French Competition Authority (the “FCA”) imposed a fine of € 1.7 million on the cooperative Back Europ for having partitioned the French market for the distribution of raw materials and equipment to bakers for 30 years. Back Europ is a cooperative that operates in the market (...)

The Portuguese Competition Authority warns that firms are responsible for the algorithms they use to coordinate market prices
Portuguese Competition Authority (Lisbon)
The AdC warns that using algorithms to coordinate market prices is incompatible with the Portuguese Competition Law* The Portuguese Competition Authority (Autoridade da Concorrência, AdC) warns that firms are responsible for the algorithms they use and that employing these tools with the aim of (...)

The Lithuanian Competition Council concludes an investigation into public tenders on street and road repair and land melioration works by establishing the presence of bid-rigging cartel activity (Pasvalio melioracija / Jadrana / Panevėžio melioracija / Biržų ranga)
Lithuanian Competition Authority (Vilnius)
COMPETITORS RECEIVE FINES FOR SHARING TENDER ALLOCATION* Konkurencijos taryba found that companies Pasvalio melioracija, Jadrana, Panevėžio melioracija and Biržų ranga concluded a bid-rigging cartel: cartelists colluded their actions and bids, including bid price, and agreed in advance on the (...)

The Spanish Competition Authority fines 26 companies and two trade associations for taking part in a school transportation cartel and confirms the prohibition of contracting with the public sector (Transporte Escolar Murcia)
CMS Albiñana y Suárez de Lezo (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
On 20 June 2019, the Spanish Competition and Markets Authority (Comisión Nacional de los Mercados y la Competencia, “CNMC” or “Spanish Competition Authority”) fined 26 school transportation companies and two trade associations for taking part in a bid-rigging cartel. The fines amounted to EUR 1.88 (...)

The Turkish Competition Authority grants an exemption to an electronic refuel and information system bringing together fuel distributors and to end-users in a two-sided market (Platform Aracılık / Danışmanlık)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Background The Turkish Competition Board (“Board”) has recently published its reasoned decision on an exemption application by Platform Aracılık ve Danışmanlık Ltd. Şti. (“Platform Aracılık”) regarding its sample agreements (hereinafter referred to as the “Agreement”) with five fuel distributors (“Fuel (...)

The UK Competition Authority provisionally finds that four pharmaceutical companies broke competition law by fixing the quantities and the prices of an anti-depressant drug (Auden Mckenzie / King / Alissa / Lexon)
United Kingdom’s Competition Authority - CMA (London)
Suppliers of antidepressants accused of illegal anti-competitive conduct* The CMA has provisionally found that 4 pharmaceutical companies broke competition law in relation to the supply of an anti-depressant drug. The Competition and Markets Authority (CMA) has accused competitors King and (...)

The Hungarian Competition Authority fines several companies for price coordination through the use of online cash registers (IPSZOI / PayPal)
Hungarian Competition Authority (Budapest)
The competition supervision procedure initiated against PayPal has ended with the acceptance of commitments* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) accepted the commitments of the online payment method provider, PayPal. On the basis of the commitments, the (...)

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

The Competition Commission of India finds two chemist associations and two pharmaceutical companies to have used no-objection certificates (Madhya Pradesh Chemists and Distributors Federation / Madhya Pradesh Chemists and Druggist Association)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
India Competition Law Roundup: June 2019 The Competition Commission of India (CCI) found that two chemist associations and two pharmaceutical companies had engaged in a system of no-objection certificates (NOC) under which the associations prescribed which stockist could stock a company’s (...)

The UK Competition Authority provisionally finds that four pharmaceutical companies broke competition law by agreeing not to compete in the supply of an anti-nausea drug (Alliance Pharmaceuticals / Focus / Lexon / Medreich)
United Kingdom’s Competition Authority - CMA (London)
Drug firms accused of illegal market sharing over anti-nausea tablets* The CMA has provisionally found that 4 pharmaceutical companies broke the law by agreeing not to compete in the supply of an anti-nausea drug in the UK. In a statement of objections issued today, the Competition and (...)

The EU Commission fines five banks for participating in foreign exchange spot trading cartel (Barclays / RBS / Citigroup / JPMorgan / MUFG)
DG COMP (Brussels)
Antitrust: Commission fines Barclays, RBS, Citigroup, JPMorgan and MUFG €1.07 billion for participating in foreign exchange spot trading cartel* In two settlement decisions, the European Commission has fined five banks for taking part in two cartels in the Spot Foreign Exchange market for 11 (...)

The EU Commission opens formal investigation into insurance provider to determine whether its access to a data pooling system may breach EU law competition rules (Insurance Ireland)
Norton Rose Fulbright (Brussels)
EU COMMISSION INVESTIGATES INSURANCE INFORMATION EXCHANGE* On May 14, the European Commission announced the opening of a formal antitrust investigation into Insurance Ireland to assess whether the conditions of access to its InsuranceLink data pooling system may restrict competition, in breach (...)

The EU Commission opens investigation into an insurance association in Ireland to assess whether the conditions of access to its Insurance Link data pooling system may restrict competition (Insurance Ireland)
DG COMP (Brussels)
Antitrust: Commission opens investigation into Insurance Ireland data pooling system* The European Commission has opened a formal antitrust investigation into Insurance Ireland to assess whether the conditions of access to its Insurance Link data pooling system may restrict competition, in (...)

The Croatian Competition Authority dismisses a complaint that a company violated competition rules in the transport market (HŽ Infrastruktura)
Croatian Competition Agency (Zagreb)
HŽ Infrastruktura – lack of standing to act* The Croatian Competition Agency (CCA) received an anonymous complaint regarding the alleged infringement of competition rules by the undertaking HŽ Infrastruktura d.o.o. within the meaning of Competition Act. The anonymous complainant basically stated (...)

The Danish City Court of Hillerod fines a demolition company for exchanging prices with a competing company in four cases (Nedrivningsaktieselskabet J. Jensen)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Demolition Company fined DKK 1 million in bid rigging case* The City Court of Hillerød has fined the demolition company Nedrivningsaktieselskabet J. Jensen DKK 1 million for exchanging prices with a competing demolition company in four cases. Moreover, the City Court fined two members (...)

The Italian Competition Authority fines several companies for bid-rigging in the context of tenders for the assignment of broadcasting rights of football matches in tournaments organized by the Italian football league (MP Silva / IMG / B4 Capital)
Italian Competition Authority (Rome)
ICA: agreement on tenders for the assignment of international rights to football on TV. MP Silva, IMG and B4 Capital fined 67 million Euros* On April 24 the Italian Competition Authority concluded an investigation, ascertaining a violation of art. 101, paragraph 1, of the Treaty on the (...)

The Portuguese Competition Authority fines two companies and one of its managers for participating in a horizontal agreement in the railway maintenance services sector (Mota-Engil / Engenharia e Construção)
Portuguese Competition Authority (Lisbon)
AdC sanctions an undertaking and its manager for anticompetitive practices in the sector of railway maintenance services* The AdC imposed fines totalling 906.485,58 euros on Mota-Engil – Engenharia e Construção, S.A., and one of its managers, for participating in a horizontal agreement (cartel), (...)

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

The Spanish Competition Commission fines tobacco manufacturers for an anticompetitive exchange of strategic information (Philip Morris / Altadis / JT International Iberia / Logista)
Callol, Coca & Asociados (Madrid)
The Spanish National Markets and Competition Commission (NMCC) has fined Spain’s main tobacco manufacturers, Philip Morris, Altadis, JT International Iberia, as well as wholesaler Logista for an anticompetitive exchange of strategic information. Logista facilitated immediate access to its daily (...)

The French Competition Authority carries out unannounced inspections in the wine and spirits sector
French Competition Authority (Paris)
Dawn raids* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the wine and spirits sector. Following authorisation from the liberty and custody judge, the investigation services of the Autorité de la concurrence have raided (...)

The EU Commission sends statements of objections to three car manufacturers for restricting competition on emission cleaning technology (BMW / Daimler / VW)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to BMW, Daimler and VW for restricting competition on emission cleaning technology* The European Commission has informed BMW, Daimler and VW (Volkswagen, Audi, Porsche) of its preliminary view that they have breached EU antitrust rules from (...)

The French Competition Authority fines an Economic Interest Group of taxis for anticompetitive agreements (Radio-taxi Antibes Juan-les-Pins)
French Competition Authority (Paris)
Transport by taxi* The Autorité de la concurrence fines the Economic Interest Group (EIG) of Antibes Juan-les-Pins’ taxis for anticompetitive agreements. The radio-taxi EIG of Antibes Juan-les-Pins is an association gathering the majority of the city’s self-employed taxi drivers. Its main (...)

The EU Commission fines a multinational company selling football apparel and footwear for restricting cross-border sales of merchandising products (Nike)
DG COMP (Brussels)
Antitrust: Commission fines Nike €12.5 million for restricting cross-border sales of merchandising products* The European Commission has fined Nike €12.5 million for banning traders from selling licensed merchandise to other countries within the EEA. This restriction concerned merchandising (...)

The Portuguese Competition Authority issues statements of objections to supermarket chains and beverage suppliers for price fixing (Modelo Continente / Pingo Doce / Auchan and Intermarché / Lidl / E. Leclerc)
Portuguese Competition Authority (Lisbon)
AdC issues Statements of Objections to supermarket chains and beverage suppliers for price fixing, harmful to consumers* The AdC – Portuguese Competition Authority issued three Statements of Objections to six large food retail groups in Portugal and three beverage suppliers for taking part in (...)

The US District Court for the Northern District of California finds that an athletic association’s cap on grants given to athletes is an anticompetitive restraint of trade (National Collegiate Athletic Association)
Constantine Cannon (New York)
NCAA May Have Lost Antitrust Case to Student-Athletes, But How Much Did It Really Lose?* Friday’s 104-page ruling in the antitrust case challenging the compensation rules of the National Collegiate Athletic Association (“NCAA”) is not a clear-cut victory for either side. Although Judge Claudia (...)

The Finnish Competition Authority suspects several taxi dispatch centres of illegal restrictions on competition
Finnish Competition and Consumer Authority (Helsinki)
FCCA suspects several taxi dispatch centres of illegal restrictions on competition* Investigations by the Finnish Competition and Consumer Authority (FCCA) have found that dispatch centres may have acted in breach of the Competition Act by discriminating in the dispatch of Kela-reimbursed (...)

The Hellenic Competition Authority fines several construction companies for bid-rigging in the public works of infrastructure (Alpine Bau)
Hellenic Competition Authority (Athens)
Decision no.647/4.7.2017 of the Competition Commission on ex officio investigation into tenders concerning large projects of infrastructure for violation of Αrticles 1 of Law 703/77, 1 Law 3959/2011 and 101 TFEU, regarding the undertakings that have not been placed under the Settlement (...)

The UK Court of Appeal upholds the UK Competition Authority’s fining and confirms that a single exchange of pricing information is sufficient for a "by object" infringement (Balmoral Tanks)
Baker Botts (Brussels)
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Baker Botts (Brussels)
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Baker Botts (London)
ONE-TIME INFORMATION EXCHANGE SUFFICIENT – A RECENT REMINDER IN THE UK* The UK’s Competition and Markets Authority (“CMA”) recently welcomed the Court of Appeal’s dismissal of a challenge brought against a decision of the Competition Appeal Tribunal (“CAT”) by Balmoral, a supplier of steel water (...)

The Paris Court of Appeal confirms that a supplier heading a purely qualitative selective distribution network can refuse a distributor meeting all the network’s selection criteria if the refusal has no anticompetitive object or effect (Mazda / Palau)
Delcade Avocats & Solicitors (Paris)
In its Mazda ruling of 23 January 2019, the Court of Appeal ("Cour d’Appel") of Paris confirms a developing French case law under which a supplier heading a purely qualitative selective distribution network can refuse to authorize a distributor meeting all the network’s selection criteria, (...)

The Indian Competition Authority re-imposes fines on a professional association for limiting supply with its certification requirements in the pharmaceutical industry (Vedanta Bio Sciences Vadodara / Chemists and Druggists Association of Baroda)
Vaish Associates Advocates (New Delhi)
CCI Imposes Penalty on Chemists and Druggists Association of Baroda* CCI, by way of order dated 15.01.2019 has found the Chemists and Druggists Association of Baroda (‘CDAB’) to be in contravention of the Act by indulging in the activity of limiting and controlling the supply of drugs and (...)

The Indian Competition Authority dismisses allegations of resale price maintenance against a manufacturer and seller of kitchen appliances due to lack of witnesses and manufacturer’s distribution rights (Snapdeal / Jasper Infotech / Kaff Appliances)
Vaish Associates Advocates (New Delhi)
CCI finds no evidence of resale price maintenance on sale of KAFF appliances on Snapdeal* CCI, by way of order dated 15.01.2019 under Section 26(6) the Act, has dismissed allegations of Resale Price Maintenance (“RPM”) against Kaff Appliances (India) Pvt. Ltd. ( “KAFF/ OP”).The information was (...)

The Polish Competition Authority fines two transport companies for allocating the local passenger transport market between themselves (PKS / Rafbus)
Polish Competition Authority (Warsaw)
Prohibited market allocation scheme in the passenger transport* Two undertakings allocated the local passenger transport market between themselves. The initiator of the agreement was PKS in Piła. A fine of more than PLN 95,000 was imposed on the company for the infringement of competition. The (...)

The Danish Competition Appeal Tribunal confirms fines imposed to members of an association of camera distributors for participating in anticompetitive agreements
Danish Competition and Consumer Authority (Copenhagen)
Anti-competitive agreement/decision in an association of camera distributors* The Danish Competition Appeal Tribunal has upheld a decision taken by the Danish Competition Council (DCC) that a horizontal cooperation agreement/decision among more than 50 independent camera distributors, who are (...)

The Portuguese Competition Authority fines an undertaking and its manager for bid-rigging in the railway maintenance services sector (Sacyr Neopul)
Portuguese Competition Authority (Lisbon)
AdC sanctions an undertaking and its manager for anticompetitive practices in the sector of railway maintenance services.* The AdC imposed fines totalling 365,400 euros on Sacyr Neopul S.A., and its production manager, for participating in a horizontal agreement (cartel) that resulted in price (...)

The French Competition Authority fines several producers and wholesale distributors of liquid fertilizers for resale price maintenance (Canna France / GHE / Bertels / Biobizz / Hydro Factory / Hydro Logistique / CIS)
French Competition Authority (Paris)
The Autorité hands down fines for anticompetitive practices to several producers and wholesale distributors of liquid fertilisers.* Why are vertical pricing agreements forbidden in competition law? Competition law generally forbids horizontal (between competitors) and vertical agreements (...)

The EU Commission sends a statement of objection to four banks accused of collusion in the bond trading market
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections in US Dollar supra-sovereign, sovereign and agency bond trading cartel* The European Commission has informed four banks of its preliminary view that they have breached EU antitrust rules by colluding, in periods from 2009 to 2015, to distort (...)

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

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

The UK Competition Authority provisionally finds that three drainage product manufacturers participated in a cartel (Stanton Bonna Concrete / CPM / FP McCann)
United Kingdom’s Competition Authority - CMA (London)
Two construction firms admit to illegal cartel* The CMA has provisionally found that 3 drainage product manufacturers broke competition law by co-ordinating prices for customers and sharing the market. Two of the businesses – Derbyshire-based Stanton Bonna Concrete Ltd and Somerset-based CPM (...)

The Paris Court of Appeal specifies a manufacturer’s right to deny access to its selective distribution network to an applicant distributor in the electronic product market in compliance with competition law and civil law (Concurrence / Sony)
Osborne Clarke (Paris)
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Osborne Clarke (Paris)
This case concerned a consumer electronics manufacturer and a distributor between whom the relationship was particularly conflicting. A large number of commercial disputes were brought before the courts by the distributor to obtain the right to distribute the manufacturer’s products. Even though (...)

The Hellenic Competition Authority settles a case against two undertakings for concluding anticompetitive agreements in the market for the production and marketing of dairy products (FrieslandCampina Hellas / Mandrekas)
Hellenic Competition Authority (Athens)
Settlement of market segmentation case in the market for the production and marketing of dairy products* By its unanimous Decision No. 668/2018, the Grand Chamber of the Hellenic Competition Commission (HCC) decided to settle a case against two (2) companies in the market for the production (...)

The EU Commission opens a formal investigation to assess whether agreements between booking system providers and airlines and travel agents restrict competition (Amadeus / Sabre)
DG COMP (Brussels)
Antitrust: Commission opens investigation into airline ticket distribution services* The European Commission has opened a formal investigation to assess whether agreements between booking system providers Amadeus and Sabre on the one hand, and airlines and travel agents on the other, may (...)

The Turkish Competition Authority determines whether members of the guard rails and road safety systems have violated article 4 of the Law No. 4054 on the Protection of Competition through collusive tendering and bid rigging (Çelik Otokorkuluk)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) decision of 22 November 2018 numbered 18-44/702-344 in which the Board assessed the allegations that several undertakings–which are all active in the steel guardrail sector in Turkey and members of the Turkish Association of Steel (...)

The EU Commission launches a market test concerning the commitments proposed by a major film studio in its pay-tv investigation (Disney)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Disney in pay-TV investigation* The European Commission is inviting comments from interested parties on commitments offered by Disney to address competition concerns relating to contractual clauses preventing the cross-border (...)

The Indian Competition Authority exonerates parties from allegations of cartelization despite having admitting coordination in the flashlight market (Eveready / Panasonic / Indo National / Geep / AIDCM)
Vaish Associates Advocates (New Delhi)
CCI holds that mere information exchange by itself is not anti-competitive, in spite of leniency applications filed* The Competition Commission of India (”CCI”) by way of an order dated November 6, 2018 has exonerated Eveready Industries India Limited (“Eveready”), Panasonic Energy India Co. Ltd. (...)

The UK High Court of Justice rejects methodology for estimating overcharges on cables based on economic evidence (BritNed / ABB)
The Brattle Group (London)
ABSTRACT In the first cartel overcharge claim brought in the English High Court, the claimant’s methodology for estimating ABB overcharges on the BritNed cable was comprehensively rejected. The Court concluded that the claimant’s econometric analysis was insufficiently grounded in facts and (...)

The UK High Court of Justice rejects econometrics analysis in a cartel damage case for being too complex (BritNed / ABB)
Case Associates (London)
BritNed Development Ltd v. ABB AB and ABB Ltd [2018] EWHC 2616 (Ch). (“BritNed”) is the first English cartel damage judgment and the first to consider an econometric approach to calculating overcharges. The court rejected the claimant’s econometric analysis as ‘too complex’ and “unspecific”. Here (...)

The EU Court of Justice partly upholds the judgement of the EU General Court in a cartel case but sends it back to reexamine the calculation of the fine (Infineon Technologies)
Van Bael & Bellis (Brussels)
On 26 September 2018, the Court of Justice of the European Union (“ECJ”) delivered two judgments on the appeals brought by Infineon and Philips against the General Court (“GC”)’s earlier judgments relating to the European Commission’s decision in Smart card chips cartel case. By way of background, (...)

The French Competition Authority imposes fine on waste disposal company for increasing the prices charged on hospitals and clinics in Corsica (Sanicorse)
French Competition Authority (Paris)
Management of infectious medical waste generated by healthcare activities* The Autorité de la concurrence has fined the company Sanicorse for increasing abruptly, significantly, durably and in an unjustified manner the waste disposal prices it charged hospitals and clinics in Corsica. The (...)

The Danish Competition Authority Appeals Board finds the Competition Authority’s legal and economic evaluation of a roofing membrane case to be insufficient (Icopal / NWP / DTB / TOR)
Danish Competition and Consumer Authority (Copenhagen)
Danish Competition Appeals Board remits a case regarding the Danish roofing membrane market to Danish Competition Council* The case concerns whether the only two Danish manufacturers of roofing membranes, Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two (...)

The UK Competition Appeal Tribunal upholds the decision of the Competition Authority fining a manufacturer of golf clubs for banning online retail of its products (Ping)
United Kingdom’s Competition Authority - CMA (London)
Win in Ping golf clubs case sends clear online retail signal* The Competition Appeal Tribunal has upheld the CMA’s decision that Ping Europe Ltd broke the law by banning the online sale of its golf clubs. This landmark case sends an important signal that attempts by manufacturers to impose (...)

The UK Competition Appeal Tribunal dismisses the appeal brought by a manufacturer of golf equipment on the liability of anticompetitive practices but permits a small reduction of the fine (Ping)
Rosenblatt Limited (London)
UK LANDMARK COMPETITION CASE CONDEMNS ABSOLUTE INTERNET SALE BAN AS A SERIOUS BREACH OF COMPETITION LAW* Introduction The Competition Appeal Tribunal (“CAT”) handed down its judgment on 7 September 2018 in relation to an appeal by Ping Europe Limited (“Ping”) challenging the decision of the UK (...)

The Indian Competition Authority fines state film distributor for limiting production and supply of dubbed movies (KFCC Karnataka Film Chamber of Commerce)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty on Karnataka Film Chamber of Commerce (KFCC) and its office bearers for limiting production and supply of dubbed movies within Karnataka* By way of an order dated August 30, 2018, the CCI imposed a penalty of INR. 9,72 ,943/- (Nine lakh seventy-two thousand nine hundred and (...)

The French Competition Authority rejects the request for interim measures filed by a law firm relating to practices implemented by the Toulouse Bar Association (AGN Avocats)
French Competition Authority (Paris)
Law firms* The Autorité de la concurrence rejects the request for interim measures filed by the company AGN Avocats relating to practices implemented by the Toulouse Bar Association, but pursues the investigation into the merits of the case. The company AGN Avocats Développement, hereinafter (...)

The Indian Competition Authority fines state chemists’ association and 3 pharma companies for anticompetitive practice of "No Objection Certificates" prior to appointment of stockists (Alis Medical Agency / Federation of Gujarat State Chemists & Druggists Associations)
Vaish Associates Advocates (New Delhi)
CCI imposes penalties on the Chemists’ Associations in State of Gujarat and three pharma companies for indulging in practice of “No Objection Certificate” before appointment of stockists* The Competition Commission of India (“CCI”) by way of an order dated 12 July 2018 has imposed penalty on the (...)

The Danish Competition Authority adopts guidelines on joint bidding under competition law
Danish Competition and Consumer Authority (Copenhagen)
New guidelines on joint bidding under competition law* The Danish Competition and Consumer Authority published new guidelines on how to assess joint bidding under competition law on 25 April 2018. These guidelines are now available in English. The guidelines address the assessments (...)

The Indian Competition Authority dismisses allegations of collusion between a cement dealers’ association and cement manufacturers due to lack of evidence (Ramco / Kerala Cement Dealers’ Association KCDA)
Vaish Associates Advocates (New Delhi)
CCI closes investigation against Kerala cement dealers’ association and cement manufacturers* The CCI by its order dated May 24, 2018 has closed the investigation against Ramco Cements Ltd (‘Ramco’) and the Kerala Cement Dealers’ Association (‘KCDA’). The investigation by the Director-General (‘DG’) (...)

The Vilnius Regional Administrative Court upholds the Competition Authority’s decision fining two construction companies for joint bidding in 24 tenders (PST / Irdaiva)
Walless (Vilnius)
On 14 May 2018, the Vilnius Regional Administrative Court upheld the decision of the Competition Council of the Republic of Lithuania fining two construction companies: UAB IRDAIVA and AB PST for entering into anti- competitive joint bidding agreement . The Court confirmed the Competition (...)

The Lithuanian Competition Council fines a notaries’ chamber due to its imposition of anti-competitive fees (Lithuanian Chamber of Notaries)
Lithuanian Competition Authority (Vilnius)
NOTARY FEES SET BY LITHUANIAN CHAMBER OF NOTARIES RESTRICTED COMPETITION* The Competition Council found that the Lithuanian Chamber of Notaries and members of its Presidium concluded an anti-competitive agreement by setting the amount of notary fees and agreeing upon their calculation (...)

The Indian Competition Authority grants penalty reductions to all 3 members of a cartel in zinc-carbon dry batteries due to the members’ leniency applications, including a historic 100% penalty reduction to the first priority leniency applicant (Panasonic / Eveready / Nippo)
Vaish Associates Advocates (New Delhi)
Competition Commission of India (“CCI”) grants first-ever 100 percent reduction in penalty* The CCI by its order dated April 19, 2018, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency applicant, Panasonic Energy India Co. Ltd (‘Panasonic’) in a case involving (...)

The Danish Competition Appeal Tribunal confirms the sanction imposed for participating in a cartel in the camping card market (Campingrådet)
Danish Competition and Consumer Authority (Copenhagen)
Horizontal agreements in the framework of Campingraadet* The Danish Competition Appeal Tribunal has upheld the findings of the Danish Competition Council that the horizontal agreements described below, and entered into in the framework of the Danish umbrella organization “Campingrådet”, had as (...)

The Turkish Competition Authority decides not to open an investigation against a company active in online sales of flowers, edible flowers and gifts following allegations of predatory pricing (Çiçek Sepeti)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of the Turkish Competition Board’s (“Competition Board” or “Board”) Çiçek Sepeti decision (08.03.2018; 18-07/111-58). The Board reviewed the allegations put forward by Çiçek Satış A.Ş. (“Çiçek Satış”) against Çiçek Sepeti İnternet Hizmetleri A.Ş. (“Çiçek Sepeti”) (...)

The UK Court of Appeal adopts a ruling allowing plaintiffs in cartel damages actions to advance claims based on overcharges incurred outside of the EU when they ultimately hit the sales of their finished goods within the EU (Liyama)
Dentons (Brussels)
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Levi Strauss (Brussels)
On February 16, 2018, the UK Court of Appeal adopted its much awaited ruling in the iiyama case. Taking stock of the Court of Justice (CoJ) ruling in Intel last year, the Court of Appeal allows plaintiffs in civil cartel damages actions to advance claims based on overcharges incurred by their (...)

The Indian Competition Authority fines a global tech company for abuse of dominance in the market for online search and related advertising services (Google)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty of INR 136 Crores on Google for abuse of dominant position* The Indian anti-trust regulator, the Competition Commission of India (“CCI/ Commission”) seems to have let Google off with just a rap on the knuckles. CCI vide order dated February 8, 2018 has imposed a penalty of (...)

The EU Court of Justice rules that the dissemination of misleading information is a restriction by object and excludes exemption under Article 101 §3 TFEU (Roche / Novartis)
Almain (Paris)
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Simmons & Simmons (Paris)
On 23 January 2018, the Court of Justice of the European Union delivered its decision on the preliminary ruling referred to it by the Italian Council of State in the dispute between Roche and Novartis on the one hand and the Italian competition authority (AGCM) on the other. In 2014, Roche and (...)

The Lithuanian Competition Authority fines two construction firms for bid rigging in the market for renovation and modernisation of schools and kindergartens (PST / Irdaiva)
Lithuanian Competition Authority (Vilnius)
Competition council: joint bidding of two construction firms restricted competition* The Competition Council found that joint bids submitted by two Lithuanian construction firms UAB Irdaiva and AB Panevėžio statybos trestas (PST) restricted competition “by object”, in breach of Article 5 of the (...)

The EU Court of Justice dismisses an appeal against a General Court judgment upholding the EU Commission’s prohibition of a non-compete covenant in a share purchase agreement (Telefonica)
Skadden, Arps, Slate, Meagher & Flom (London)
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Baker McKenzie (Brussels)
The European Court of Justice (ECJ) recently dismissed an appeal against a General Court judgment which largely upheld the European Commission’s prohibition decision taken against Telefónica and Portugal Telecom for a non-compete covenant in a share purchase agreement. The share purchase (...)

The EU Court of Justice rules in favour of restrictions on the use of platforms in a selective distribution system (Coty Germany / Parfümerie Akzente)
Gibson Dunn (Brussels)
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Willkie Farr & Gallagher (Brussels)
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Gibson Dunn (Brussels)
This article considers how much the Coty Ruling has shed light on the extent to which a manufacturer can restrict the sales of its products over online platforms, especially in the wake of the recent German Case involving ASICS and basic principles developed at EU level to assess obligations (...)

The EU General Court finds flaws in the EU Commission’s decision and quashes the €14,9 million fine, but sustains underlying liability for “facilitation” of a cartel (Icap)
Simmons & Simmons (London)
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Simmons & Simmons (London)
The General Court’s November 2017 judgment is not such welcome news to ICAP as it might first appear. ICAP’s appeal against a 2015 infringement decision was successful insofar as the fines imposed on it will now be trimmed, but in the main the General Court supported the European Commission’s (...)

The Indian Competition Authority requests 28 trade unions and associations in the film industry to "cease and desist" from anticompetitive conduct and reminds them that labor laws are not mutually exclusive with competition laws (All India Film Employee Confederation)
Vaish Associates Advocates (New Delhi)
Competition Commission finds All India Film Employee Confederation and other parties in contravention of Section 3 of the Competition Act, 2002* The Competition Commission of India (CCI) vide its recent order dated October 31, 2017 has directed 25 trade unions and associations and their All (...)

The Indian Competition Authority fines state association of chemists and issues advisory to pharmaceutical companies to cooperate in ceasing the practice of "No Objection Notices" (All Kerala Chemists & Druggists Association)
Vaish Associates Advocates (New Delhi)
CCI issues advisory to Pharma companies while imposing penalty on All Kerala Chemists & Druggists Association and its office bearers* The Competition Commission of India vide its recent order dated 31.10.2017, while imposing penalty on the All Kerala Chemists & Druggists Association (...)

The Lithuanian Competition Council finds occasion wear shops to have engaged in cartel activity due to their imposition of fixed dress try-on fees for customers (Occasion wear shops cartel)
Lithuanian Competition Authority (Vilnius)
CARTEL AMONG OCCASION WEAR SHOPS RESULTED IN HIGHER PRICES FOR CONSUMERS* The Competition Council found a number of occasion wear shops operating in Vilnius guilty of a cartel that set a fixed dress try-on fee for customers. Firms received fines ranging from EUR 1 to EUR 1,960, with seven out (...)

The Lithuanian Competition Council imposes fines on Italian-based supplier of bone regeneration products and its corresponding Lithuanian distributor for engaging in resale price maintenance (Tecnoss Dental / UAB Implamedica)
Lithuanian Competition Authority (Vilnius)
Competition Council fines supplier and Distributor of Bone Regeneration Products for Resale Price Maintenance* The Competition Council found the Italian-based supplier Tecnoss Dental and its Lithuanian distributor UAB Implamedica engaged in fixing minimum resale prices of bone regeneration (...)

The German Federal Court of Justice quashes a decision which had ruled that minimum resale pricing did not result in an appreciable restriction of competition given its limited timeframe and scope (Almased Wellness)
Commeo (Frankfurt)
In its judgment of 17 October 2017, the Federal Court of Justice (Bundesgerichtshof - “BGH” or the “Court”) quashed a decision taken by the Celle Higher Regional Court (Oberlandesgericht Celle – “OLG Celle”) in April 2016 which had ruled that minimum resale pricing did not result in an appreciable (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and bid rigging against 2 companies in the market for construction and electrification of new elevators due to lack of evidence (Maharashtra Industrial Development Corporation / Royal Power Trunkey Implements)
Vaish Associates Advocates (New Delhi)
The Competition Commission of India dismisses allegations anti-competitive conduct* The CCI vide its order dated October 9, 2017, dismissed allegations of anticompetitive conduct against Maharashtra Industrial Development Corporation (OP 1) and Royal Power Trunkey Implements Private Limited (...)

The Indian Competition Authority fines 3 chemical companies for bid rigging in the market for water purification (Aditya Birla Chemicals / Grasim Industries / Gujarat Alkalis and Chemicals)
Vaish Associates Advocates (New Delhi)
Competition Commission of India finds Grasim Industries and others indulging in anti-competitive practices* The Competition Commission of India ("CCI") vide its order dated 05.10.2017 has found Aditya Birla Chemicals (India) Limited (ABCIL), Grasim Industries Limited (GIL) and Gujarat Alkalis (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against 2 professional film associations due to lack of evidence (Film Distributors Association / Kerala Film Producers Association)
Vaish Associates Advocates (New Delhi)
The Competition Commission dismisses allegations of anti-competitive conduct against the Kerala Film Producers Association* The CCI vide its order dated October 3, 2017 dismissed allegations of contravention of Sections 3 and 4 of the Act.The Informant, P. V. Basheer, exhibits movies in his (...)

The EU Court of Justice Advocate General Saugmandsgaard Øe indicates that providing misleading information aimed at undermining the reputation of one drug to the benefit of another drug might constitute a restriction by object (Hoffmann-La Roche)
Latham & Watkins (Brussels)
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Liège University (Liège)
On 21 September 2017 Advocate General Saugmandsgaard Øe (‘AG’) issued his opinion in F. Hoffmann-La Roche vs Autorità Garante della Concurrenza e del Mercato (AGCM). In his opinion the AG provides guidance to the Court of Justice of the European Union (‘CJEU’) on the various questions raised by the (...)

The Indian Competition Authority fines 10 companies for bid rigging in coal and sand transportation tenders (Western Coalfields / Coal Carriers..)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty for bid-rigging in coal transportation auctions* The Competition Commission of India (’CCI’) vide order dated September 14, 2017 has imposed penalty of almost INR 12 Crore on 10 entities namely SSV Coal Carriers Pvt. Ltd (OP-1), Bimal Kumar Khandelwal (OP-2), Pravin Transport (...)

The French Supreme Court refers a case regarding an online sales ban back to the Paris Court of Appeal without waiting for an upcoming ruling of the EU Court of Justice on a similar case (Caudalie / eNova Santé)
Van Bael & Bellis (Brussels)
On 13 September 2017, the French Supreme Court ordered the Paris Court of Appeal to rehear a case for failing to sufficiently substantiate its finding that an obligation in Caudalie’s selective distribution system constituted a probable restriction of competition by object. In the selective (...)

The Indian Competition Authority reconsiders and again exonerates air transport association from accusations of anticompetitive agreements and price fixing (Air Cargo Agents Association of India / IATA International Air Transport Association)
Vaish Associates Advocates (New Delhi)
CCI dismisses allegations of cartelization against Air Cargo Agents Association of India* The Competition Commission of India (CCI) vide order dated 12.09.2017 has dismissed allegations of cartelization against the Air Cargo Agents Association of India. The Informant, the International Air (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against a sound system manufacturer and concludes the manufacturer’s mandatory training for its distributors is justified (Harman International)
Vaish Associates Advocates (New Delhi)
Competition Commission of India (CCI) dismisses allegations of anti-competitive conduct against Harman International (India) Pvt. Ltd* The CCI vide order dated September 6, 2017 has dismissed allegations of anti-competitive conduct against M/s. Harman International (India) Pvt. Ltd (‘OP’) for (...)

The US FTC approves a final order and consent agreement with a breeder trade association that limited price competition in the Bull sector (NAAB)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
The two current commissioners of the Federal Trade Commission (FTC) approved another final order and consent agreement with a trade association, this time with the National Association of Animal Breeders, Inc. (NAAB). What happened: NAAB is a non-profit corporation of approximately 24 member (...)

The Indian Competition Authority dismisses allegations of collusion between the central bank and 19 other banks and concludes that the banks’ similar safety locker policies are common practice and not collusion result (Reserve Bank of India)
Vaish Associates Advocates (New Delhi)
CCI dismisses allegations of cartelization against the Reserve Bank of India and 19 other banks* The CCI vide order dated August 23,2017 dismissed allegations of cartelization against RBI and 19 other banks. (“Opposite Party banks”) It was alleged that the Opposite Party banks do not undertake (...)

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

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

The Danish Competition Authority finds two manufacturers and two associations guilty of forming a cartel in the market for roofing membranes (Icopal / NWP / DTB / TOR)
European Commission (Brussels)
Illegal agreement regarding the Danish market for roofing membranes EU* The Danish Competition Council has decided that the only two Danish manufacturers of roofing membranes; Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two associations Danske (...)

The Turkish Competition Authority rejects the complaint that the recommendation of some vehicle tracking system providers vis-à-vis others by the Union of Road Transporters Association violates the competition act (Mobiliz)
University of Sussex (Brighton)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the recommendation of some vehicle tracking system providers vis-à-vis others in a letter drafted by the Union of Road Transporters Association in Ankara (Association) and sent to its (...)

The Italian Competition Authority finds an anti-competitive agreement in the banking sector but does not impose any fine (ABI / SEDA)
Giannino SI (Monserrato)
The Italian Competition Authority (ICA) has recently closed an Article 101 TFEU investigation it had opened in the case ABI/SEDA by an infringement decision. The ICA found the parties to have put in place an anti-competitive agreement in the banking sector. Though the agreement was qualified as (...)

The EU Court of Justice upholds use of evidence from a national authority other than a member state competition authority (Pacific Fruit)
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
The European Court of Justice ("CoJ") has upheld the European Commission’s use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April 27, 2017, that the national authority properly transmitted such (...)

The EU Court of Justice dismisses appeal against a judgment of the General Court which upheld the EU Commission’s decision finding that a company participated in an illegal price-fixing cartel (Exotic Fruits cartel case)
Van Bael & Bellis (Brussels)
On 27 April 2017, the Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by banana importer Pacific Fruit (and its parent companies) against a judgment of the General Court (“GC”), which upheld the European Commission’s decision finding that Pacific Fruit had participated in (...)

The Düsseldorf Court of Appeal confirms a decision of the Competition Authority against all prohibitions or restrictions imposed in relation to online sales made by traditional distributors (ASICS)
Gibson Dunn (Brussels)
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Willkie Farr & Gallagher (Brussels)
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Gibson Dunn (Brussels)
This article considers how much the Coty Ruling has shed light on the extent to which a manufacturer can restrict the sales of its products over online platforms, especially in the wake of the recent German Case involving ASICS and basic principles developed at EU level to assess obligations (...)

The Indian Competition Authority finds a professional pharmaceutical association guilty of anticompetitive conduct but refrains from imposing a fine because the association has already recently been fined for similar conduct (Karnataka Chemists and Druggists Association)
Vaish Associates Advocates (New Delhi)
CCI finds Karnataka Chemist and Druggists Association (KCDA) in violation of Section 3(3) of the Act* CCI by its order dated March 2, 2017 has found that KCDA violated Section 3(3) of the Act. Being prima-facie satisfied by the information filed, the CCI ordered investigation into the matter. (...)

The Italian Regional Administrative Court of Lazio annuls antitrust fines in football TV rights case (Italian Football League)
Administrative Court of Rome
1. Introduction The Regional Administrative Court of Latium upheld the appeals of major tv operators in the pay-tv market, Italian football League and its advisor and annulled the decision of the Italian Competition Authority for an alleged violation of Art. 101 TFEU, consisting in entering (...)

The Italian Regional Administrative Court of Lazio annuls the decision of the Italian Competition Authority concerning an alleged violation of Art. 101 on the sale of broadcasting rights (Sky / RTI / Lega Calcio / Infront)
McDermott Will & Emery (Paris)
SALE OF SERIE A BROADCASTING RIGHTS, THE REGIONAL ADMINISTRATIVE COURT OF LAZIO ANNULS THE DECISION OF THE ITALIAN COMPETITION AUTHORITY* On 23 December 2016, the Regional Administrative Court of Lazio (the TAR) annulled the decision of the Italian Competition Authority (the Authority), (...)

The Polish Competition Authority fines gas boilers and water heaters producer for vertical price fixing (Termet)
WKB Wierciński Kwieciński Baehr (Warsaw)
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WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of 19 December 2016, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, hereinafter referred to as the “OCCP President” or the “PCA”) fined Termet S.A. the amount of PLN 212,919.00 (approximately EUR 49,000.00) for imposing fixed resale prices (Resale (...)

The Turkish High State Court annuls the Competition Authority’s decision concerning parallel export restrictions in a vertical agreement (Roche / Corena)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of the annulment decision of 13th Chamber of the High State Court (2010/4617 E., 2016/4241 K) (“High State Court”). The High State Court cancelled the Turkish Competition Board’s (the “Board”) decision on parallel export restrictions in vertical agreements. In (...)

The Italian Competition Authority discovers two price-fixing arrangements in the market for the real estate brokerage services but decides not to fine the anti-competitive conducts as they were not a serious competition breach (Usi in Materia di Mediazione Immobiliare)
Giannino SI (Monserrato)
By the recent decision handed down in the case Usi in Materia di Mediazione Immobiliare (UMMI) the Italian Competition Authority (ICA) has closed an antitrust investigation by finding two price-fixing arrangements in the market for the real estate brokerage services agents implemented by two (...)

The Indian Competition Appellate Tribunal upholds the Competition Authority’s decision against car manufacturers in the spare car parts market (Ford India / Nissan Motor India / Toyota Kirloskar Motor)
Vaish Associates Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) rejects appeals of Ford, Nissan and Toyota against CCI Order in Car Spare Parts case but reduces penalty amounts* In an important and path breaking order the Competition Appellate Tribunal (COMPAT) vide order dated December 9, 2016 has upheld the earlier (...)

The Indian Competition Appellate Tribunal reverses the Competition Authority’s fine due to mistakes in the investigation in the chemists’ association cartel (AIOCD All India Organization of Chemists & Druggists / OPPI Organization of Pharmaceuticals Producer of India)
Vaish Associates Advocates (New Delhi)
COMPAT sets aside penalty imposed by CCI on All India Organization of Chemists and Druggists for cartelization* Competition Appellate Tribunal (COMPAT) by its order dated December 9, 2016 has set aside the orders dated 19.2.2013, 09.12.2013 passed by the Competition Commission o