Automobile

Anticompetitive practices

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 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 Paris Court of Appeal rules that a car supplier is free to terminate a selective car distribution contract with a distributor despite meeting the selection criteria (Garage Richard Drevet / Hyundai)
Van Bael & Bellis (Brussels)
On 31 July 2019, the Paris Court of Appeal (the “Court”) ruled that Hyundai did not discriminate against retailer Garage Richard Drevet by terminating its car distribution contract. The Court essentially ruled that each car supplier is free to determine whether to grant access to its selective (...)

The Brazilian Competition Authority confirms the five-year statute of limitations for uniform conduct in the gas stations sector (Gas stations cartel)
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
,
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
Confirming the recent understanding adopted in the ruling of the Trains Cartel, CADE’s Tribunal unanimously acknowledged, at the judgment session on June 30, the five-year statute of limitations for the conduct of influence of uniform conduct. The new orientation was confirmed in an (...)

The EU General Court dismisses an appeal in the car battery recycling cartel case (Recylex / Fonderie et Manufacture de Métaux / Harz-Metall)
Van Bael & Bellis (Brussels)
On 23 May 2019, the General Court delivered a judgment in which it dismissed the appeal lodged by Recylex against the European Commission’s (“Commission”) decision in the car battery recycling cartel case (Case T-222/17, Recylex and Others v. Commission). In February 2017, the Commission imposed (...)

The French Competition Authority dismisses the complaint filed by several garage owners against an automobile constructor (Hyundai)
French Competition Authority (Paris)
Automotive aftermarket* The Autorité de la concurrence dismisses the complaint filed by several garage owners against Hyundai The complaint filed by the garage owners Three car garages referred a case to the Autorité de la concurrence regarding practices that would have been implemented by (...)

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 EU Commission fines car safety equipment suppliers € 368 million in cartel settlement for illegal information exchanges (Takata / Autoliv / TRW)
DG COMP (Brussels)
Antitrust: Commission fines car safety equipment suppliers € 368 million in cartel settlement* The European Commission has fined Autoliv and TRW a total of € 368 277 000 for breaching EU antitrust rules. Takata was not fined as it revealed the cartels to the Commission. The companies took part (...)

The EU Commission imposes fines totalling € 368 million on car safety equipment suppliers in cartel settlement decision (Takata / Autoliv / TRW)
Van Bael & Bellis (Brussels)
On 5 March 2019, the European Commission (the “Commission”) announced that it had imposed total fines of € 368,277,000 on two car safety equipment suppliers, Autoliv and TRW, for their involvement in two cartels concerning the supply of car seatbelts, airbags and steering wheels to European car (...)

The EU Commission begins its evaluation of the Motor Vehicle Block Exemption Regulation by publishing a roadmap and announcing a public consultation
Van Bael & Bellis (Brussels)
The Motor Vehicle Block Exemption Regulation (“MVBER”), which (together with the Vertical Agreements Block Exemption) exempts under Article 101(3) various vertical agreements in the automotive sector, will expire on 31 May 2023. In preparation for this, the European Commission has formally (...)

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 Italian Competition Authority fines several automotive constructors for cartel in the market of car sales through financing (Car Finance)
Italian Competition Authority (Rome)
Car sales through financing: ICA sanctions cartel among leading operators imposing fines of over 670 million euros* On 20 December 2018, the Italian Competition Authority concluded an investigation launched against the leading captive banks and related automotive groups operating in Italy in (...)

The Italian Competition Authority finds a cartel in the market for car hire purchase and imposes a record fine of €670 millions (Car Finance)
Giannino SI (Monserrato)
In the Car Finance case the Italian Competition Authority (ICA) has levied a record-breaking fine of overall € 670 million on the participants to a secret cartel affecting the business sector of car hire purchase. The anticompetitive agreement was put in place by several car manufacturers, BMW, (...)

The EU Commission opens an investigation on possible collusion between automobile constructors on clean emission technology market (BMW / Daimler / VW)
DG COMP (Brussels)
Antitrust: Commission opens formal investigation into possible collusion between BMW, Daimler and the VW group on clean emission technology* The European Commission has opened an in-depth investigation to assess whether BMW, Daimler and VW (Volkswagen, Audi, Porsche) colluded, in breach of EU (...)

The Latvian Supreme Court decides that parent companies may be responsible for competition infringements of subsidiary companies (Moller Auto Baltic / Harald A.Moller / Heinz Wilke Autohandel)
Konkurences padome (Riga)
Court: parent companies may be responsible for competition infringements of subsidiary companies* On 17 May, the Supreme Court adopted the decision, pursuant to which it is stipulated in the competition law of Latvia that parent companies may bear joint responsibility for infringements of (...)

The EU Commission fines maritime car carriers and car parts suppliers in three separate cartel cases (MOL / NYK / K Line / Wwl-Eukor / Csav) (Denso / Bosch / NGK) (TRW / Continental)
DG COMP (Brussels)
Antitrust: Commission fines maritime car carriers and car parts suppliers a total of €546 million in three separate cartel settlements* In three separate decisions, the European Commission has fined four maritime car carriers €395 million, two suppliers of spark plugs €76 million, and two (...)

The German Federal Court of Justice rules on action brought by a car repair shop against the general importer of car vehicles who operated a selective distribution system for servicing of its vehicles (Jaguar)
Van Bael & Bellis (Brussels)
On 23 January 2018, the German Federal Court of Justice ruled on an action brought by a car repair shop (the claimant) against the general importer of Jaguar and Land Rover vehicles (the defendant). The importer operated a selective distribution system for the servicing of its vehicles. (...)

The German Competition Authority fines three manufacturers of heat shields and their representatives for cartel (Elring Klinger Abschirmtechnik)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on automotive part manufacturers* The Bundeskartellamt has imposed fines amounting to 9.6 million euros on three manufacturers of heat shields and their representatives. The companies involved are Elring Klinger Abschirmtechnik (Schweiz) AG, Sevelen (...)

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

The EU Commission fines six suppliers of car air conditioning and engine cooling €155 million in cartel settlement (Behr / Calsonic / Denso / Panasonic / Sanden / Valeo)
DG COMP (Brussels)
Antitrust: Commission fines six car air conditioning and engine cooling suppliers € 155 million in cartel settlement* The European Commission has fined Behr, Calsonic, Denso, Panasonic, Sanden and Valeo a total of € 155 million for taking part in one or more of four cartels concerning supplies (...)

The French Competition Authority dismisses collusion case against car rental companies due to lack of evidence that exchange of information led to strategic changes in their behavior (Europcar / Avis / Citer / Hertz / Sixt / EDA)
Compass Lexecon (Madrid)
,
Compass Lexecon (Paris)
,
Compass Lexecon (Madrid)
When Information Is Not (Market) Power: Using Quantitative Techniques To Show That Information Exchange Did Not Facilitate Collusion* Abstract On January 2015, the French competition authority claimed that some car rental companies infringed competition law by sharing monthly information (...)

The French Competition Authority drops charges against car rental companies for exchanging detailed and individualised sales information (Europcar / Sixt / Avis / Hertz)
Van Bael & Bellis (Brussels)
On 27 February 2017, the French Competition Authority (“FCA”) decided to close a ten-year investigation into information exchanges between car rental companies without imposing any sanction. The FCA investigated whether information exchanged through airport management authorities facilitated (...)

The Turkish Competition Authority publishes block exemption for vertical agreements in the motor vehicle sector
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Introduction The New Block Exemption Communique 2017/3 for Vertical Agreements in the Motor Vehicle Sector in Turkey was published in the Official Gazette on February 24 2017. Communique 2017/3 revoked the Block Exemption Communique 2005/4 for Vertical Agreements and Concerted Practices in the (...)

The Turkish Competition Authority publishes its motor vehicles sector report and a block exemption communication on vertical agreements in the motor vehicles market
Erdem & Erdem (Istanbul)
Introduction The motor vehicles sector is one of the biggest sectors in today’s world, and it has enormous impact in a variety of associated sectors, such as iron and steel, light metals, petrochemical, tire, plastics, tourism, and transportation. The automotive industry is one of the major (...)

Dominance

The Munich District Court issues an anti-suit injunction in patent litigation preventing an automotive company from further pursuing proceedings in the US (Nokia)
McDermott Will & Emery (Dusseldorf)
,
McDermott Will & Emery (Dusseldorf)
On July 11 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision might become a landmark case because German courts have historically not (...)

The High Court of Delhi challenges the constitutional validity of provisions of the Competition Act on a complaint by a car manufacturer accused of abusing its dominant position (Mahindra & Mahindra)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
On 10 April 2019, a Division Bench of the High Court of Delhi pronounced its judgment in Mahindra & Mahindra v. Competition Commission of India, which challenged the constitutional validity of a number of provisions of the Competition Act, 2002 (Competition Act). In addition to holding the (...)

The Ontario Superior Court holds that misleading information can trigger class actions as a breach of the Competition Act (Rebuck / Ford Motor)
Steve Szentesi Law Corporation (Vancouver)
Key Requirements For Misleading Advertising Civil Actions Confirmed By Ontario Superior Court* In a recent case handed down by the Ontario Superior Court of Justice, in Rebuck v. Ford Motor Company, the Court confirmed key requirements for commencing Competition Act misleading advertising (...)

The Turkish Competition Authority finds that a real estate and vehicle sales online platform abused its dominant position through implementing excessive prices (Sahibinden.com)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) recently published Sahibinden.com decision of October 1st, 2018 numbered 18-36/584-285 in which the Board assessed whether Sahibinden Bilgi Teknolojileri Paz. ve Tic. A.Ş. (“Sahibinden.com”) –an online platform which acts as an (...)

The Indian National Company Law Appellate Tribunal reverses the Competition Authority’s decision which penalised a company for imposing anti-competitive vertical restraints in the manufacturing vehicle sector (Hyundai)
Vaish Associates Advocates (New Delhi)
NCLAT quashes CCI order punishing Hyundai for Resale Price Maintenance and Tying-in* The National Company Appellate Tribunal (“NCLAT/ Tribunal ”) by way of an order dated August 19, 2018 , has set aside the CCI Order dated June 14, 2017 against Hyundai Motors India Ltd. (“Hyundai”) which (...)

The Indian Competition Authority opens investigation into abuse of dominance and imposition of vertical restraints by a scooter manufacturer (Honda Motorcycle and Scooter)
Vaish Associates Advocates (New Delhi)
CCI directs investigation against Honda Motorcycle and Scooter Private Ltd (Honda) for imposition of vertical restraints on its dealers and for abuse of dominant position* The CCI by its order dated March 14, 2018 has directed the Director General (“DG”) to investigate allegations of imposition (...)

The Croatian Competition Authority finds that a company did not abuse its dominant position in the provision of repair and maintenance services for cars (Grand Auto)
Croatian Competition Agency (Zagreb)
The Croatian Competition Agency (CCA) found that the undertaking Grand Auto from Zagreb did not abuse its dominant position in the provision of repair and maintenance services for the car-makes Land Rover and Jaguar in the territory of the Republic of Croatia. The sole fact that Grand Auto has (...)

Mergers

The Indian Competition Authority clears acquisition by automobile manufacturers of small shareholdings in a ride-sharing company (ANI / OLA)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
The CCI cleared the proposed acquisition by automobile manufacturers Hyundai and Kia of small shareholdings in ride-sharing company ANI Technologies (ANI/OLA) and its electrical vehicles arm, Ola Electric Mobility (OEMPL), together with strategic cooperation in various areas. The CCI (...)

The French Competition Authority launches its online notification procedure for certain mergers
French Competition Authority (Paris)
Modernisation of merger control* Today, the Autorité de la concurrence launched its online notification procedure for certain mergers. Background The Autorité is continuing the simplification process it has begun for merger procedures. After adopting various measures to reduce and simplify (...)

The EU Commission clears a merger, subject to remedies, in the production of aluminium automotive body sheets market (Novelis / Aleris)
DG COMP (Brussels)
Mergers: Commission clears Novelis’ acquisition of Aleris, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Aleris by Novelis. The decision is conditional on the divestiture of Aleris’ aluminium automotive body sheets business in (...)

The French Competition Authority clears a merger in the distribution of automotive parts market (TODD group / Alliance Automotive France)
French Competition Authority (Paris)
Distribution of automotive parts* The Autorité de la concurrence clears the acquisition of TODD group by the company Alliance Automotive France On 2 September 2019, the company Alliance Automotive France (hereinafter « AAF ») notified the Autorité de la concurrence of its plan to take over TODD (...)

The Indian Competition Authority approves an acquisition of shares totaling 25% in an auto solutions company by an auto manufacturing company (TVS Automobile Solutions / Mitsubishi)
Vaish Associates Advocates (New Delhi)
CCI approves acquisition of shares of TVS Automobile Solutions Pvt. Ltd by Mitsubishi* By way of order dated 06.09.2019, the Commission has approved the acquisition of shares of TVS Automobile Solutions Pvt. Ltd (“TVS”) by Mitsubishi Corporation (“Mitsubishi”) by way of subscription as well as (...)

The US DoJ agrees to use binding arbitration to resolve merger disputes for a new approach in antitrust enforcements (Novelis / Aleris Corporation)
Constantine Cannon (New York)
DOJ AGREEMENT TO USE BINDING ARBITRATION TO RESOLVE MERGER DISPUTE COULD HERALD NEW APPROACH IN ANTITRUST ENFORCEMENT* Federal antitrust enforcers may be increasingly looking to arbitrators—instead of federal courts—to be the arbiters of competition law if a new approach in enforcement takes (...)

The US DoJ submits a market definition question to the binding arbitration (Novelis / Aleris Corporation)
Constantine Cannon (San Francisco)
MERGERS AND ACQUISITIONS, MARKET DEFINITION, UNITED STATES OF AMERICA, ARBITRATION, ALUMINUM FOR AUTOMOTIVE APPLICATIONS* On September 4, 2019, the United States Department of Justice’s Antitrust Division sued to block Novelis, Inc.’s acquisition of Aleris Corporation, alleged to be a “new and (...)

The US DoJ provides details on the use of arbitration to resolve a challenge to a proposed acquisition in the market of the aluminium sheet (Novelis / Aleris Corporation)
Jones Day (Washington DC)
,
American Express (New York)
,
Jones Day (Washington DC)
In Short: The Situation: The United States Department of Justice Antitrust Division ("DOJ") has provided details on the unprecedented use of arbitration to resolve its challenge to the proposed acquisition of Aleris Corporation by Novelis Inc. The Significance: Companies now have greater (...)

The Irish Competition Authority uses criminal sanctions against companies for gun jumping (Armalou / Airfield)
Matheson (Dublin)
,
Matheson (Dublin)
,
Matheson (Dublin)
Summary In this case update, we discuss a 2019 criminal enforcement case in Ireland brought by the Competition and Consumer Protection Commission (the “CCPC”) in conjunction with the Director of Public Prosecutions (the “DPP”), in relation to breaches of procedural merger control law under the (...)

The Irish District Court in Dublin imposes a small charitable donation as punishment on a motor company which pled guilty in the country’s first criminal prosecution of gun jumping (Armalou Holdings)
McCann FitzGerald (Brussels)
,
McCann FitzGerald (Dublin)
A small charitable donation for gun-jumping* After an 18 month investigation involving officials from both the Competition and Consumer Protection Commission (“CCPC”) and Ireland’s Director of Public Prosecution, and a first-ever criminal prosecution, a company that gun-jumped Irish merger (...)

The French Competition Authority clears a merger in the motor vehicle distribution sector and establishes a new method for analysing mergers in this sector (Bernard Participations / Emil Frey Motors France and Fiber)
French Competition Authority (Paris)
Distribution of motor vehicles* The Autorité de la concurrence clears the acquisition of joint control of the company Bernard Participations SAS by the company Emil Frey Motors France and the company Fiber. This transaction led the Autorité to review its method for analysing mergers in the (...)

The Italian Competition Authority unconditionally clears a merger in the motor vehicles distribution market (Eurocar / Dorigoni)
Giannino SI (Monserrato)
By a First Phase decision rendered in Eurocar/Dorigoni, the Italian Competition Authority (ICA) gave an unconditional go-ahead to a merger between two dealers admitted to the Italian distribution network for motor vehicles manufactured by the Volkswagen Group (VW). The ICA considered the (...)

The EU Commission conditionally clears the creation of six joint ventures for mobility services (Daimler / BMW)
Van Bael & Bellis (Brussels)
On 7 November 2018, the European Commission conditionally approved the creation of six mobility services joint ventures by Daimler and BMW. While the joint ventures will combine Daimler and BMW’s mobility services in ride hailing services, parking services, charging services and other on-demand (...)

The EU Commission clears the creation of six joint ventures in the automobile sector, subject to remedies (Daimler / BMW)
DG COMP (Brussels)
Mergers: Commission clears the creation of six joint ventures by Daimler and BMW, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the creation of six joint ventures by Daimler and BMW, subject to conditions. Daimler and BMW, both active in car (...)

State Aids

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

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

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

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

The EU Commission Commission opens in-depth investigations to assess whether “excess profit” tax rulings granted by Belgium to 39 multinational companies are in line with EU State aids rules
DG COMP (Brussels)
State aid: Commission opens in-depth investigations into individual “excess profit” tax rulings granted by Belgium to 39 multinational companies* The European Commission has opened separate in-depth investigations to assess whether “excess profit” tax rulings granted by Belgium to 39 multinational (...)

The EU Commission approves a Polish investment aid to an electric vehicles batteries plant (LG Chem)
DG COMP (Brussels)
State aid: Commission approves €36 million Polish investment aid to LG Chem’s electric vehicles batteries plant* The European Commission has found Poland’s €36 million investment aid to chemical company LG Chem for a new electric vehicle batteries plant in the Dolnoślaskie region to be in line with (...)

The EU Commission approves under EU State Aid Rules a €125 million investment aid of Slovakia to an automotive company (Jaguar Land Rover)
DG COMP (Brussels)
State aid: Commission approves Slovakia’s €125 million investment aid to Jaguar Land Rover* The European Commission has concluded that Slovakia’s €125 million investment aid to Jaguar Land Rover is in line with EU State aid rules. The aid will contribute to the development of the region of Nitra, (...)

The EU General Court finds that the amount of State aid necessary to induce a company to invest in an assisted region is the cost difference between the assisted region and the best alternative location (BMW)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

Procedures

The Spanish High Court annuls a decision of the Competition Authority that had validated an investigation order to carry out inspections in a company in the automotive industry (Spanish Competition Authority / Faurencia Automotive)
CMS Albiñana y Suárez de Lezo (Madrid)
,
CMS Albiñana y Suárez de Lezo (Madrid)
THE SPANISH HIGH COURT REINFORCES THE REQUIREMENTS TO ISSUE INSPECTION ORDERS BY THE SPANISH COMPETITION AUTHORITY On 25 July 2018, the High Court (Audiencia Nacional) adopted a ruling by which it annulled a decision of the Spanish Competition Authority (Comisión Nacional de los Mercados y la (...)

The German Federal Constitutional Court upholds limitations to the prohibition of seizure of evidence at law firms (Volkswagen)
White & Case (Hamburg)
,
White & Case (Berlin)
,
White & Case (Frankfurt)
The protection from seizure by law enforcement, which the client-attorney privilege affords to the findings gathered by lawyers who are commissioned with internal investigations at businesses, has narrow limits. The affiliate of a law firm’s client has been denied protection from seizure by the (...)

The EU Court of Justice clarifies the Hearing Officer’s scope of review regarding confidentiality requests while rejecting any special treatment of leniency applicants at the publication stage
Epex Spot (Paris)
In its confirmatory ruling issued on 26 July 2017, the EU Court of Justice (hereafter “the Court”) upheld the EU General Court ruling of 15 July 2015 which had dismissed AGC Glass group’s action against the Commission’s decision rejecting their request for confidential treatment of certain (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues