Block exemption regulations

Foreword Block exemption regulations: An overview of EU and national case law New

Competition law contains wide-ranging prohibitions against anticompetitive issues when companies enter into agreements with either competitors, suppliers or distributors. The content of the prohibitions has developed in 60+ years of case law and is backed up by competition authorities having the authority to carry out intrusive investigations and imposing fines. Navigating these prohibitions can sometimes be difficult and involve substantial assessment and judgment calls. It is up to companies to self-assess their agreements to ensure compliance. Block exemption regulations (or in short ‘block exemptions’) are amongst the most used EU antitrust tools in day to day operations for competition law advisors, both in private practice and in companies. Block exemptions play an important role in ensuring inter alia consistency and legal certainty in (self) assessing a range of common commercial actions when dealing with e.g. competitors, suppliers and distributors. Without block exemptions, it would be much more complex for companies to assess, whether many of their commonly occurring activities entail any risk of constituting infringements of competition law.

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Bird & Bird (The Hague)
Bird & Bird (Copenhagen)
Bird & Bird (Copenhagen)
Bird & Bird (The Hague)

General antitrust

The EU Commission selects 15 initiatives to help simplify and modernize EU law after the COVID-19 outbreak Free
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
On 5 March 2021, the Commission announced the Fit for Future Platform’s selection of 15 initiatives aimed at simplifying EU law. Launched in May 2020, the Platform gathers a high-level expert group to assist the Commission with simplifying existing EU laws and reducing administrative burdens (...)

The UK Competition Authority and the EU Commission seek views from stakeholders on the vertical block exemption regulation
Bird & Bird (London)
The current Vertical Agreement Block Exemption Regulation (VBER) and its accompanying guidelines provide the framework of competition law regulation for suppliers and distributors across the EU. It is due to expire in May 2022. The VBER was retained into UK law following Brexit ensuring (...)

The UK Competition Authority publishes guidance on environmental sustainability agreements and competition law
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 27 January 2021 the CMA published high level Guidance on environmental sustainability agreements and competition law (Guidance). Supporting the transition to a low carbon economy is one of the CMA’s strategic objectives (set out in its annual plan for 2021/22) and the CMA is keen to ensure (...)

The EU Commission conducts an extensive review in which it analyses the practice of applying the current vertical block exemption regulation and determines the scope and character of guidance to be provided
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
Online platforms and e-commerce have significantly changed the business environment since the current Vertical Block Exemption Regulation (“VBER”) was adopted. They have had a huge impact on the way business is conducted and on the behaviours of consumers who can switch within different online (...)

The EU Commission publishes a staff working document on the vertical block exemption regulation but does not address any guidance on most-favored-nation clauses
Bird & Bird (Amsterdam)
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Bird & Bird (Amsterdam)
On 8 September 2020, the European Commission published its Staff Working Document (“Evaluation Document”) on the results of its evaluation of the VBER and its accompanying guidelines. One of the key gaps in the current framework is the absence of guidance on how retail parity clauses should be (...)

The EU Commission releases a staff working document evaluation on the vertical block exemption regulation which gives guidance on online restrictions
Ecija & Asociados (Madrid)
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Bird & Bird (Madrid)
The rapid development that the e-commerce sector has undergone in the last decade has meant its definitive implementation as one of the most relevant routes to market. This development has come along with important judgments of the European Court of Justice ("ECJ") on this matter. Cases such as (...)

The EU Commission publishes a working document summarizing the findings of the evaluation phase of the review for the vertical block exemption regulation and its guidelines
Ashurst (Paris)
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Ashurst (London)
On 8 September 2020, the European Commission ("Commission") published a working document (the "Evaluation Report") summarising the findings of the evaluation phase of the review of the Vertical Block Exemption Regulation ("VBER") and the Guidelines on Vertical Restraints ("Vertical (...)

The EU Commission publishes a review of the vertical block exemption regulation which addresses the questions of big data and access to data
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
Issues around Big Data and access to data as an essential input are rapidly gaining importance in vertical relationships. This was made clear in the Commission’s recently published evaluation of stakeholder input in the context of the review of the VBER. In the past, the Hungarian Competition (...)

The EU Commission publishes its report regarding the public consultation on the vertical block exemption regulation
Bird & Bird (The Hague)
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Bird & Bird (The Hague)
The growth of e-commerce over the last decade has had a significant impact on the market. Trends like the increased importance of online sales and the emergence of new market players such as online platforms significantly affected the distribution and pricing strategies of both manufacturers (...)

The Turkish Competition Authority publishes its revised Guidelines on vertical agreements
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Authority (“Authority”) completed its work in progress on revising the Guidelines on Vertical Agreements (“Guidelines”) that was issued based on the Block Exemption Communiqué on Vertical Agreements (“Communiqué No. 2002/2”). It took approximately 2 years for the Authority to (...)

The Hong Kong Competition Authority publishes its final guidelines on how it proposes to interpret and enforce the Competition Ordinance
Simmons and Simmons (Hong Kong)
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Simmons and Simmons (Hong Kong)
Following the announcement that the Competition Ordinance (Cap 619) (Ordinance) will come into effect on 14 December 2015, the Competition Commission (Commission) and Communications Authority (collectively, the Competition Authorities) released the final guidelines to accompany the Ordinance (...)

The Mozambican Government adopts the final regulation meant to complete the national Competition Act
Vieira de Almeida (Lisbon)
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DLA Piper (Lisbon)
This week the long-awaited Regulation meant to complete the Mozambican Competition Act saw the light of the day. Decree 97/2014, of 31 December, was rendered public and puts in place the last piece of legislation required for the enforcement of competition rules in Mozambique. The Mozambican (...)

The EU Commission publishes rules regarding vertical agreements
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
On 20 April 2010, the European Commission published new rules governing so-called “vertical” agreements, such as distribution and supply agreements. The new rules are set out in the Vertical Restraints Block Exemption Regulation and the related Guidelines (see DG Competition’s website). They will (...)

The EU Commission publishes rules for vertical agreements
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Dentons (Brussels)
On April 20, 2010, the European Commission (the Commission) adopted its new, long-awaited Vertical Block Exemption Regulation (the VBER) and accompanying guidelines applicable to distribution agreements in the EU. The VBER, which will enter into force on June 1, 2010, replaces Regulation (...)

The French Competition Authority issues an opinion on the EU Regulation 2790/99 and the guidelines on vertical restraints
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence welcomes the modernization undertaken by the European Commission and recommends that the Commission better explains the balance it intends to guarantee between online trade and (...)

The EU Commission prepares questionnaires for the reassessment of the competition rules applicable to online commerce
Van Bael & Bellis (Brussels)
It has been reported that the Commission is currently preparing questionnaires in the context of its reassessment of the competition rules applicable to Internet commerce in view of the expiry of the Vertical Agreements Block Exemption Regulation in May 2010. These questionnaires will be sent (...)

The EU Commission adopts an evaluation report concerning the motor vehicle block exemption regulation
Van Bael & Bellis (Brussels)
On 28 May 2008, the European Commission issued its Report on the operation of Regulation 1400/2002 concerning motor vehicle distribution and servicing (the “Report”). Given that Regulation 1400/2002 (the Motor Vehicle Block Exemption Regulation, referred to below as the “MVBER”) is set to expire (...)

The EU Commission seeks comments on an interim report concerning sector inquiry into business insurance
DG COMP (Brussels)
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DG COMP (Brussels)
"Sector Inquiry into Business Insurance - Commission seeks comments on Interim Report"* On 24 January 2007, the European Commission published the Interim Report on Business Insurance, which presents the preliminary findings of the Sector Inquiry in June 2005. As pointed out by Commissioner (...)

The EU Commission publishes a study on the future of motor vehicle distribution and servicing agreements
European Commission - DG RTD (Brussels)
"Commission publishes a study on the future of motor vehicle distribution"* Car Distribution at EC level is currently regulated by Block Exemption Regulation 1475/95, which expires on 30 September 2002. On 15 November 2000, the Commission adopted an evaluation report on the Block Exemption, as (...)

Anticompetitive practices

The EU Commission publishes the results of the public consultation on the review of the motor vehicle block exemption regulation
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
On 17 March 2021, the European Commission (“EC”) published a summary of the contributions on the review of the Motor Vehicle Block Exemption Regulation (“MVBER”) (“Consultation”). The MVBER is due to expire on 31 May 2023. The contributions will be used by the EC to determine whether it should let (...)

The UK Competition Authority launches a consultation on the future of national competition rules applicable to vertical agreements post Brexit
Van Bael & Bellis (London)
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Van Bael & Bellis (London)
On 10 February 2021, the UK’s Competition and Markets Authority (“CMA”) launched a consultation on the future of the UK competition rules applicable to vertical agreements. Following Brexit, the EU block exemption regulations which were in force at the end of the transition period (i.e., on 31 (...)

The EU Commission publishes a working paper outlining its preliminary views on the application of article 101 TFEU to distributors that also act as agents for the same supplier
Van Bael & Bellis (Brussels)
On 5 February 2021, the European Commission (“Commission”) published an important working paper outlining its preliminary views on the application of Article 101 TFEU to distributors that also act as agents for the same supplier (the “Working Paper”). As brand owners are showing an increasing (...)

The Kenyan Competition Authority publishes draft guidelines for competitor collaborations during the COVID-19 pandemic Free
Primerio (Washington)
Antitrust enforcer to allow self-assessment of competitor collaborations amidst pandemic* Following the (thus far rarely used) “Block Exemption” procedure under Section 30 (2) of the Kenyan Competition Act, the Competition Authority of Kenya (“CAK”) has proposed a new set of draft Guidelines as to (...)

The Irish Competition Authority extends the validity of its declaration on vertical agreements and concerted practices
Van Bael & Bellis (Brussels)
On 30 October 2020, the Irish Competition and Consumer Protection Commission (the “CCPC”) announced its decision to extend the validity of its Declaration in Respect of Vertical Agreements and Concerted Practices (the “Declaration”), which was due to expire on 1 December 2020, until 1 December (...)

The Irish Competition Authority extends the validity period of its verticals declaration which provides exemptions for certain vertical agreements
Irish Competition Authority (Dublin)
CCPC extends verticals declaration* The Competition and Consumer Protection Commission (CCPC) has today extended the validity of its declaration in respect of vertical agreements and concerted practices (the “declaration”) until 1 December 2022. The declaration came into effect on 1 December (...)

The EU Commission publishes an inception impact assessment as part of the reform of the vertical block exemption regulation
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 23 October 2020, the European Commission (“Commission”) published an Inception Impact Assessment (the “Inception Assessment”) (available here) as part of the revision of the Vertical Block Exemption Regulation (“VBER”) and the Vertical Guidelines in anticipation of the expiry of the VBER on 31 May (...)

The EU Commission publishes a list of issues to consider in the review of the competition rules that apply to distribution agreements
Portolano Cavallo (Milan)
On November 17, we hosted a webinar on distribution and vertical agreements in EU competition law. The aim was to provide a cross-border and multi-jurisdictional perspective on such issues thanks to the participation of distinguished colleagues from Blomstein (Berlin) and Kramer Levin (Paris). (...)

The EU Commission publishes an inception impact assessment for a potential revision of the vertical block exemption regulation
White & Case (Brussels)
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Latham & Watkins (Brussels)
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Latham & Watkins (Brussels)
New EU Antitrust Rules for Distribution – European Commission’s Inception Impact Assessment* On 23 October 2020, the European Commission (EC) published its inception impact assessment of policy options for a potential revision of the EU Vertical Block Exemption Regulation (VBER) and accompanying (...)

The EU Commission launches public consultations on the motor vehicle block exemption regulation
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 12 October 2020, the Commission launched a public consultation with a view to receiving comments from stakeholders on the ongoing evaluation of the 2010 Motor Vehicle Block Exemption Regulation (“MVBER”) regime. The public consultation aims to collect facts, views and evidence to assist the (...)

The EU Court of Justice receives a request for a preliminary ruling on restrictions for high-quality products regarding the block exemption regulation (Visma)
Bird & Bird (Helsinki)
A selective distribution system consists of a supplier selecting distributors based on specific, pre-determined criteria while committing to sell the products or services in question only to selected distributors. These distributors commit not to sell such products or services to unauthorised (...)

The EU Commission assesses the competitive effects of dual pricing and distribution making the German Competition Authority focus on this matter
Bird & Bird (Dusseldorf)
The EU Commission has confirmed in its recently published Evaluation that it is assessing the competitive effects of dual pricing and dual distribution. Following the significant growth of online sales, these practises have also been a focus of the German FCO. The German FCO has looked at the (...)

The EU Commission publishes a report on the evaluation of the vertical block exemption regulation
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 8 September 2020, the European Commission (“Commission”) published a report on the Evaluation of the Vertical Block Exemption Regulation (the “Evaluation Report”). For further information, see the Legislative, Procedural and Policy Developments section below. The Evaluation Report reflects the (...)

The EU Commission publishes its evaluation of the vertical block exemption regulation
Bird & Bird (London)
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Bird & Bird (London)
Introduction The current Vertical Agreement Block Exemption Regulation (‘VBER’), has been in force since 2010, a mere ten years. Yet it is hard to think of another decade in which the commercial landscape has changed as dramatically. The gradual shift away from the high street to online sales (...)

The EU Commission publishes findings of the evaluation of the vertical block exemption regulation
Bird & Bird (Paris)
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Bird & Bird (Paris)
It is well known that a total ban of online sales constitutes a hardcore restriction of passive sales and is qualified as a restriction of competition by object. This was clearly stated by the EU Commission in its 2010 guidelines and confirmed by the European Court of Justice (ECJ) in the (...)

The EU Commission publishes a staff working document of the vertical block exemption regulation and does not plan to relax the resale price maintenance rule for franchises
Bird & Bird (London)
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Bird & Bird (London)
In the last few years, franchising has become an increasingly popular distribution structure across the EU. A franchise is a vertical agreement, and therefore should not contain any of the hard-core restrictions set out in the VBER in order to benefit from the block exemption. Nonetheless, it (...)

The EU Commission publishes its staff working document on the vertical block exemption regulation
Zepos & Yannopoulos (Athens)
On 8 September 2020, the European Commission (“Commission”) published its Staff Working Document (“SWD”) in the context of the ongoing evaluation of Regulation (EU) No 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union (“TFEU”) to categories of (...)

The Turkish Competition Authority grants no exemption to the envisaged selective distribution system of a pharmaceutical company (Johnson&Johnson)
ACTECON (Istanbul)
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ACTECON (Istanbul)
The Turkish Competition Board (“TCB“) has recently issued a no-go decision for the envisaged selective distribution system of Johnson&Johnson Sıh. Mal. San. ve Tic. Ltd. Şti. (“Johnson”). The decision concerns Johnson’s application before the Turkish Competition Authority (“TCA”) for an individual (...)

The Turkish Competition Authority grants individual exemption to a subcontracting agreement concluded with a subcontractor in the same market taking into account localization of the import-dependent insulin industry and sustainability of the quality (Novo Nordisk)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
On November 5, 2019, Novo Nordisk Sağlık Ürünleri Ticaret Ltd. Şti. (“Novo Nordisk”) applied to the Turkish Competition Authority (“Authority”) for a negative clearance or an individual exemption with respect to a subcontracting agreement with Abdi İbrahim İlaç San. ve Tic. A.Ş. (“Abdi İbrahim”), a (...)

The Amsterdam Court of Appeal upholds the legality for non-luxury brands to ban resale on third-party platforms (Nike / Action Sport / Amazon)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 14 July 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between Nike European Operations Netherlands B.V. (“NEON”) and Action Sport SOC. COOP, A.R.L. (“Action Sport”), an Italian retailer of Nike’s sportswear, footwear and related products. The Court upheld (...)

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 EU Commission publishes a report on the vertical block exemption regulation and the accompanying guidelines on vertical restraints
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
On 25 May 2020, the European Commission (“Commission”) has published its Final Report of the support studies for the evaluation of its Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines on Vertical Restraints (the “Final Report”). The Final Report was published following a (...)

The Turkish Competition Authority imposes administrative monetary fines on a manufacturer and distributor of heating systems for engaging in vertical restraints (Baymak)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Board’s Baymak decision, which concerned an administrative monetary fine of TL 26,813,704.10 against Baymak Makina San. ve Tic. A.Ş. (“Baymak”) for the violation of Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) through (...)

The Turkish Competition Authority imposes a fine on a manufacturer and seller of heating systems for vertically restraining its distributors’ freedom in the market through distribution agreements (Baymak)
Erdem & Erdem (Istanbul)
Introduction The Turkish Competition Board’s (“Board”) recent decision dated 26.03.2020 numbered 20-16/232-113 regarding Baymak Makina San. ve Tic. A.Ş. (“Baymak”) holds significant importance as it contains a detailed analysis regarding numerous vertical restraint types. Background Baymak is a (...)

The South African Government issues six regulations amending the national Competition Act aimed to combat the outbreak of COVID-19 Free
Herbert Smith Freehills (Johannesburg)
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Herbert Smith Freehills (Johannesburg)
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Herbert Smith Freehills (Johannesburg)
Following the declaration of a national state of disaster in terms of the Disaster Management Act No. 57 of 2002 (as amended), the concerning escalation in the number of confirmed COVID-19 infections in South Africa prompted the National Coronavirus Command Council to enforce a nationwide (...)

The South African Government grants block exemptions to the healthcare sector to combat the spread of the COVID-19 Free
Fasken (Johannesburg)
Acting swiftly to try to contain the spread of Covid-19 in South Africa, on 15 March 2020 President Cyril Ramaphosa declared a National State of Disaster. Now the government has gone further - on 19 March 2020 regulations issued by the Minister of Trade and Industry (the "Regulations") were (...)

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 EU Commission launches a public consultation on the block exemption regulations
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
On 6 November 2019, the European Commission launched a public consultation on the Horizontal Block Exemption Regulations ("HBERs") – the Research & Development Block Exemption Regulation ("R&D BER") and the Specialisation Block Exemption Regulation ("Specialisation BER"), and the (...)

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 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 EU Commission launches its public consultation on the Vertical Agreements Block Exemption Regulation which will expire in 2022
Van Bael & Bellis (Brussels)
The European Commission (“Commission”) has initiated its evaluation of the Vertical Agreements Block Exemption Regulation (“VABER”), which will expire on 31 May 2022. The Commission’s evaluation will inform its decision on whether to allow the VABER to lapse, to prolong its duration or to revise it. (...)

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 EU Commission invites feedback from stakeholders on its evaluation of the vertical agreements block exemption regulation that will expire in 2022
Van Bael & Bellis (Brussels)
The Vertical Agreements Block Exemption Regulation (“VABER”) will expire on 31 May 2022. As a result, the European Commission has formally commenced its evaluation of the VABER in order to inform its decision on whether to allow it lapse, prolong its duration or revise it, in particular to take (...)

The EU Commission invites stakeholders to comment on the legal framework exempting liner shipping consortia from EU antitrust rules
DG COMP (Brussels)
Antitrust: Commission invites comments on future regime for liner shipping consortia* The European Commission is inviting comments on the legal framework exempting liner shipping consortia from EU antitrust rules that prohibit anticompetitive agreements between companies, known as the (...)

The Turkish Competition Authority assesses the resale price maintenance allegations and imposes an administrative monetary fine in the beauty care sector (Henkel)
Erdem & Erdem (Istanbul)
Introduction In its decision numbered 18-33/556-274 and dated 19.09.2018 (“Decision”) the Turkish Competition Board (“Board”) has evaluated the resale price maintenance allegations against Türk Henkel Kimya Sanayi ve Ticaret A.Ş. (“Henkel”). This Decision is of critical importance, since it provides (...)

The Turkish Competition Authority publishes a decision regarding an agreement granting access to infrastructure and support services between two telecom companies (Vodafone / Superonline)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Competition Board recently published its reasoned decision on the application filed by Vodafone Net İletişim Hizmetleri AŞ regarding an agreement signed with Superonline İletişim Hizmetleri AŞ. The agreement concerns Vodafone and Superonline granting each other access to their respective (...)

The Frankfurt Higher Regional Court finds that a luxury perfume provider can prohibit unauthorized distribution over third-party websites (Coty Germany / Parfümerie Akzente)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
This judgment of the Higher Regional Court of Frankfurt/Main of 12 July 2018 applying the preliminary ruling of the CJEU of 6 December 2017 in the case Coty Germany GmbH v Parfümerie Akzente GmbH will reassure manufacturers of luxury products that they can protect such products from unauthorised (...)

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 Hong Kong Competition Authority receives an application for an exemption decision on the Code of Banking Practice from several financial institutions
Hong Kong Competition Commission
Notice issued under section 10 of the Competition Ordinance of an application for a decision in relation to the Code of Banking Practice* On 11 December 2017, the Competition Commission (“Commission”) received an application for a decision (“Application”) under section 9 of the Competition (...)

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 Hong Kong Competition Authority issues a block exemption order for vessel sharing agreements in the liner shipping industry (Hong Kong Liner Shipping Association)
Hong Kong Competition Commission
Competition Commission issues block exemption order for vessel sharing agreements in the liner shipping industry* The Competition Commission (Commission) today (8 August 2017) issued a block exemption order (BEO) under section 15 of the Competition Ordinance (Ordinance) for vessel sharing (...)

The EU Commission publishes its final report on the inquiry into the e-commerce sector
Dentons (Brussels)
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DLA Piper (London)
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DLA Piper (Amsterdam)
On 10 May 2017, DG Competition of the European Commission (the "Commission") published its final report on the inquiry into the e-commerce sector (launched in May 2015 as part of the Digital Single Market strategy). The findings in the report are based on information gathered from 1,900 (...)

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 (...)

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 Hong Kong Competition Authority receives an application for block exemption regarding liner shipping agreements (Hong Kong Liner Shipping Association)
GeyerGorey (Washington)
Hong Kong Shipping Association Seeks Liner Exemption* The Hong Kong Liner Shipping Association has submitted to the Hong Kong Competition Commission for consideration a block exemption for liner shipping agreements. The HK Commission gave interested parties until March 24 to comment on the (...)

The Hellenic Competition Authority accepts commitments from petrol product suppliers regarding long term exclusive cooperation agreements with petrol stations (BP Hellas / Shell Hellas)
Ernst & Young (Athens)
By its decision No. 602/11.08.2015, the Hellenic Competition Commission (the “HCC”) unanimously accepted the commitments offered by nine (9) petrol product suppliers, to cease presumed violations of Art. 1 L. 703/77 and Art. 101 TFEU. This decision (the “HCC decision”), which was the first HCC case (...)

The Montenegrin Competition Authority finds that two insurance companies concluded three illegal restrictive agreements (Lovćen osiguranje / Sava osiguranje)
BDK (Belgrade)
The Montenegrin competition authority rendered on 24 July 2015 a decision finding that two insurance companies, Lovćen osiguranje (member of Triglav group) and Sava osiguranje had concluded three illegal restrictive agreements on the market of non-life insurance. The first affected agreement is (...)

The Slovakian Competition Authority publishes document on its priority setting about vertical agreements restricting competition by object
European Commission (Brussels)
AMO Publishes Document on its Priority Setting with Regard to Vertical Agreements Restricting Competition by Object ("Hard-Core Restrictions")* On 1 March 2015, the Antimonopoly Office (AMO) issued a document on vertical agreements with the aim to inform companies of its priority setting with (...)

The US Court of Appeals for the Ninth Circuit upholds the baseball industry’s historic antitrust exemption (City of San Jose)
Better.com (New York)
Baseball Antitrust Exemption Extends 93-Year Winning Streak In Federal Courts* Although federal courts may consider baseball’s antitrust exemption to make about as much sense as the infield fly rule, last week’s decision by the U.S. Court of Appeals for the Ninth Circuit in City of San Jose v. (...)

The Israeli Competition Authority publishes a green paper regarding a block exemption for collaborations among competitors regarding export cartels in the defence industry
B.Golan Law Firm (Tel Aviv)
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B.Golan Law Firm (Tel Aviv)
Recently, the Israeli Antitrust Authority’s ("IAA") has published a green paper regarding a new Block Exemption for collaborations among competitors regarding Export Cartels in the Defense Industry (the "Green Paper" and the "Block Exemption for Defense Industry Export Cartels"). A. Background (...)

The EU Commission announces the adoption of a revised technology transfer block exemption regulation and new accompanying guidelines
United Kingdom’s Competition Authority - CMA (London)
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Norton Rose Fulbright (London)
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Norton Rose Fulbright (London)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction The European Commission has recently announced its adoption of a revised Technology Transfer Block Exemption Regulation and new accompanying (...)

The Turkish Competition Authority finds that the optimum price system of the multinational producer of hygiene, health, and home care products does not amount to resale price maintenance, but its non-competition clauses do not benefit from a block exemption (Reckitt Benckiser)
University of Sussex (Brighton)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that optimum price system of the multinational producer of hygiene, health and home care products, Reckitt Benckiser, did not amount to resale price maintenance, but its non-competition clauses (...)

The Israeli Antitrust General Director applies a "self-assessment" regime on non-horizontal restrictive arrangements
Eshel, Ashlagi, Rozent (Tel Aviv)
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Eshel, Ashlagi, Rozent (Tel Aviv)
Introduction On July 25, 2013, the Restrictive Trade Practices General Director (the "General Director") issued a new block exemption - the Restrictive Trade Practices Rules (Block Exemption for Non-Horizontal Arrangements which do not Include Certain Price Restrictions), 2013 (the "Block (...)

The Turkish Competition Authority releases its Horizontal Agreements Guidelines and Communication on Specialization Agreements, thus aligning its acquis to the EU competition regime
Enerjisa (Istanbul)
Guidelines on Horizontal Cooperation Agreements are released* TCB released the long-awaited Guidelines on Horizontal Cooperation Agreements (Horizontal Agreements Guidelines) and the Block Exemption Communiqué Concerning Specialization Agreementson 26 June 2013. The Horizontal Agreement (...)

The Chinese NDRC and China’s Civil Aviation Authority hold discussions with representatives of the IATA on an antitrust immunity programme for airline alliances
King & Wood Mallesons (Beijing)
Chinese Regulators Contemplate Antimonopoly Immunity Scheme for Airline Operators * On May 29, 2013, the National Development and Reform Commission (“NDRC“) and the Civil Aviation Administration of China (“CAAC“) held a seminar discussing the potential issues in setting up an antimonopoly immunity (...)

The Hungarian Competition Authority does not rule on anti-competitive agreements in the agricultural sector due to a new domestic sectoral exemption (Watermelon cartel)
Oppenheim (Budapest)
,
Oppenheim (Budapest)
1. Introduction On 10 April 2013, the Hungarian Competition Authority (GVH) terminated its competition proceedings concerning anti-competitive agreements against several multinational grocery retail chains as ALDI, Auchan, Lidl, Spar, TESCO and a domestic franchise, CBA as well as the Hungarian (...)

The Chinese Competition Authorities impose hefty fines on two State-owned liquor distillers for resale price maintenance (Kweichow Maotai / Yibin Wuliangye)
University of International Business & Economics (Beijing)
On February 22, 2013, two Chinese provincial competition authorities served their respective enforcement orders upon two Chinese state-owned liquor distillers with formidable amounts of fines: one for Kuichow Maotai in the amount of RMB 247 million (USD 40 mil.) and the other for Wuliangye, RMB (...)

The EU Commission publishes for consultation its proposal for revisions to the EU technology transfer competition regime
Covington & Burling (Brussels)
On 20 February 2013, the European Commission published for consultation its proposal for revisions to the EU technology transfer competition regime. The consultation period runs until 17 May 2013. The new regime will be adopted before April 2014. The EU’s approach to the application of (...)

The EU Commission proposes a draft for a revised regulation on the application of art. 101(3) TFEU on agreements for technology transfer
University of East Anglia (Norwich)
Competition Law as a complement to Intellectual Property Law?* The European Commission is currently consulting on proposed revisions to the Technology Transfer Block Exemption Regulation (TTBER) and associated Guidelines. These documents provide legal rules and guidelines in relation to (...)

The EU Commission decides not to prolong maritime transport antitrust guidelines
Van Bael & Bellis (Brussels)
On 19 February 2013, the European Commission announced that it has decided not to prolong its guidelines on the application of Article 101 TFEU to maritime transport services (the “Maritime Guidelines”) when they expire on 26 September 2013. The Guidelines, adopted on 1 July 2008, cover (...)

The Midden-Nederland Court rejects claims that a car manufacturer infringed competition law by entering into agreements or concerted practices with members of its network in order to refuse access to its network and by abusing its dominant position on various markets by refusing to accept the claimants as approved repairers (KIA Motors Nederland)
VVGB (Brussels)
,
Baker McKenzie (Brussels)
NL30 KIA Motors Nederland LJN: BZ1050 06.02.13 Lower Court, access to selective distribution system The Dutch Court of ‘Midden-Nederland’ rejects claims that KIA Motors Nederland B.V. infringed competition law by entering into agreements or concerted practices with members of its network in (...)

The EU Commission issues a document where it answers the most frequently asked questions on the application of EU antitrust rules in the motor vehicle sector
Vogel & Vogel (Paris)
The new Motor Vehicle Regulation and its Guidelines have raised many questions from players in the aftermarket sector. The Commission has therefore decided to publish its answers to the most frequently asked questions in a document which, as it has emphasized from the outset, is neither (...)

The Bulgarian Competition Authority settles an alleged cartel case between large retail chains (Metro / Billa / Kaufland / Picadilly / Maxima / HIT)
Djingov, Gouginski, Kyutchukov & Velichkov (Sofia)
On 19 July 2012 the Bulgarian Commission on Protection of Competition (“CPC”) handed down a commitments decision (the “Commitments Decision”) and closed an investigation for alleged horizontal coordination of pricing and marketing policy by six retailers – “Metro Cash & Carry Bulgaria” EOOD (...)

The EU Court of Justice specifies the regime of the quantitative selection criteria in a selective distribution system under the motors vehicle block exemption regulation (Auto 24 / Jaguar Land Rover)
UGGC (Paris)
,
UGGC (Paris)
After a referral by the French Supreme Court (“Cour de cassation”) for a preliminary ruling on 29 March 2011, the CJEU provides interesting answers to the question of control of selection criteria in a quantitative selective distribution system. French case law has given rise to discussions as (...)

The EU Court of Justice rules on selective distribution in the motor vehicles industry (Auto 24 / Jaguar Land Rover)
Baker McKenzie (Brussels)
Clear roads ahead? Judgment on selective distribution systems from the European Court of Justice* In a judgment handed down on June 14, 2012 (C-158/11 Auto 24), the EU Court of Justice (“CJEU”) confirmed that suppliers operating selective distribution systems (“SDSs”) are under no obligation to (...)

The Romanian Competition Authority finalises its report in an inquiry into the automotive spare parts market
Kinstellar (Bucarest)
,
OMV Petrom (Bucharest)
In February 2009, a sector inquiry was initiated by the Romanian Competition Council (the “Competition Council”) aiming at a better understanding of the auto vehicle spare parts market. On 18 April 2012, the Competition Council published its findings in a detailed report (the “Report”). The (...)

The Croatian High Administrative Court upholds the NCA’s decision against an automobile supplier for including anticompetitive provisions in its auto repair services agreements (Kia Motors)
University of Macau - Faculty of Law (Macau)
On 29 March 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision issued by the Croatian Competition Authority (AZTN) against the exclusive supplier of KIA automobiles in Croatia Kia Motors Adria Group d.o.o. (KMAG) for obliging the authorized auto repairers to (...)

The Croatian High Administrative Court upholds the Competition Authority’s interpretation of the block exemption regulation on vertical agreements in a resale price maintenance case (M San Grupa)
University of Macau - Faculty of Law (Macau)
On 7 March 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision of the Croatian Competition Authority (AZTN) issued against the wholesaler of the household electronics M SAN Grupa d.d.(MSG) for imposing the resale price maintenance obligations on one of its (...)

The US District Court for the District of Idaho denies motion to dismiss antitrust conspiracy claims against potato grower cooperatives in US several states (In re Fresh and Process Potatoes Antitrust Litigation)
Wells Frago (Charlotte)
,
Labaton Sucharow (New York)
I Can’t Make You Love Me If You Won’t: Capper-Volstead Jilted* The intersection between the Sherman Act and the Capper-Volstead exemption for collective conduct by agricultural industry members has given rise to a number of recent cases. In re Fresh and Process Potatoes Antitrust Litig., No. (...)

The Athens Civil Court of Appeal dismisses an obligation to enter into a contract in the case of anticompetitive practices
Mikroulea, Staikouras & Associates (Athens)
Introduction Ruling No 6546/2011 of the Athens Civil Court of Appeal (Efeteio Athinon, hereafter: the Court) is of particular importance for the private enforcement of Greek and EU competition law since it clarifies the remedies available to the victims in case of anticompetitive practices. In (...)

The Croatian Competition Authority identifies anticompetitive practices in the application of the selective distribution system for motor vehicles and repair services that cannot be exempted (Euro Rent Sport)
University of Macau - Faculty of Law (Macau)
On 13 October 2011 the Croatian Competition Authority (AZTN) identified a number of anticompetitive agreements in the selective distribution system applied by the exclusive supplier of Mitsubishi automobiles in Croatia – Euro Rent Sport d.o.o. (ERS) - that could not be exempted under the BER in (...)

The Croatian Government adopts block exemption regulation in the transports sector
University of Macau - Faculty of Law (Macau)
On 16 June 2011 the Croatian Government passed the Regulation on block exemption of the agreements in the transport sector (Transport BER) . Together with the adoption of the BER in insurance sector (Insurance BER), the Transport BER completes the reform of the secondary legislation, which was (...)

The Athens Administrative Court of Appeal annuls a decision of the Competition Authority imposing fines for resale price maintenance in the automobile sector (Alto Sarris / Fiat)
Mikroulea, Staikouras & Associates (Athens)
Introduction On 22 February 2011, the Athens Administrative Court of Appeal (Dioikitiko EfeteioAthinon, hereafter: the Court) delivered Ruling No 458/2011 annulling Decision No 437/V/2009 of the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) which had imposed (...)

The Bulgarian Competition Authority adopts a decision for block exemption of certain categories of agreements from the prohibition under Art. 15 LPC
European Commission (Brussels)
Bulgaria: The Commission for the Protection of Competition (CPC) adopts a Decision for Block Exemption of certain Categories of Agreements from the Prohibition under Article 15 LPC* On 20 January 2011, the CPC adopted a Decision block exempting certain categories of agreements, decisions or (...)

The EU Commission adopts R&D block exemption regulation
Van Bael & Bellis (Brussels)
On the 14 December 2010 that the European Commission published its new horizontal guidelines (see article above and also the Cartels and Horizontal Agreements section of this newsletter), it also adopted a new R&D Block Exemption Regulation (“New R&D BER”). While the New R&D BER (...)

The Croatian Competition Authority identifies a number of vertical restraints in the auto repair services agreements that could not be exempted under the national equivalent of the EC Regulation 1400/2002 (Kia)
University of Macau - Faculty of Law (Macau)
On 2 December 2010 the Croatian Competition Authority (AZTN) established the existence of anticompetitive provisions in the auto repair services agreements concluded by the exclusive importer of KIA automobiles in Croatia Kia Motors Adria Group d.o.o. (KMAG) with its authorized auto repairers. (...)

The German Federal Court of Justice clarifies the requirements of the reduction of the termination period according to Article 3(5)(b) Reg. 1400/2002 (Renault Nissan Deutschland)
Dentons (Berlin)
The German Federal Court of Justice (“BGH”) clarified in a decision of 20 October 2010 the requirements set by Article 3(5)(b)(ii) Regulation 1400/2002 for the short termination period for authorized distributor agreements on the grounds of the restructuring of distribution network. By this, it (...)

The UK Parliament revokes land agreements’ exemption from competition law
Morgan Lewis (London)
,
Squire Patton Boggs (London)
The UK Competition Act prohibits agreements that have the object or effect of restricting competition within the UK. Currently, land agreements - such as freehold, leasehold and rental agreements - are exempt from the prohibition, but that is all about to change. With effect from 6 April 2011, (...)

The Paris Court of Appeal rules on termination of dealership contract for the sale of motor vehicles (Subaru France)
Van Bael & Bellis (Brussels)
In a judgment of 2 September 2010 which has recently become available, the Paris Court of Appeal gave its ruling in legal proceedings between a supplier of motor vehicles, Subaru France, and one of its former dealers. It appears that after Subaru France terminated the dealership agreement by (...)

The Finnish Competition Authority issues a study on EU Competition rules concerning technology agreements
European Commission (Brussels)
Finland: Study on EU Competition Rules concerning Technology Agreements* On 12 August 2010, the Ministry of Employment and the Economy published a report on competition rules applicable to technology agreements prepared by the Finnish Competition Authority. This report examines how EU (...)

The Paris Court of Appeal rules on the refusal by motor vehicle manufacturers to examine applications of dealers to be reappointed to their respective distribution networks (Groupe Volkswagen France)
Van Bael & Bellis (Brussels)
In two separate judgments that were handed down in June 2010, the Commercial Court of Versailles and the Paris Court of Appeal awarded damages to former dealers of SA Nissan France (“Nissan”) and SA Groupe Volkswagen France (“VW”) respectively, whose dealership agreements were terminated by the (...)

The Versailles Commercial Court rules on the refusal by motor vehicle manufacturers to examine applications of dealers to be reappointed to their respective distribution networks (Nissan France)
Van Bael & Bellis (Brussels)
In two separate judgments that were handed down in June 2010, the Commercial Court of Versailles and the Paris Court of Appeal awarded damages to former dealers of SA Nissan France (“Nissan”) and SA Groupe Volkswagen France (“VW”) respectively, whose dealership agreements were terminated by the (...)

The US Supreme Court rejects special sports league exemption from antitrust scrutiny adopting a narrow view of Copperweld immunity (American Needle / National Football League)
Jones Day (New York)
The U.S. Supreme Court adopts a narrow view of Copperweld immunity in American Needle, Inc. v. National Football League Section 1 of the Sherman Antitrust Act is, in important ways, extraordinary in its simplicity. It broadly prohibits all agreements—“[e]very contract, combination . . . or (...)

The EU Commission opens consultation on draft block exemption regulation on research & development agreements
Van Bael & Bellis (Brussels)
On 4 May 2010, the Commission opened a public consultation on the treatment of various types of horizontal cooperation agreements under the EU competition rules. The consultation forms part of the Commission’s preparation of new block exemption regulations and guidelines for horizontal (...)

The Brussels Court of Appeal confirms that an exclusive sale agreement concluded for one year constitutes a breach of Art. 101 TFEU (Fiat Auto Belgio / Fortis Banque / T.C.I. Auto Service)
Strasbourg Bar School
Introduction In its judgment of 28 April 2010, the Brussels Court of Appeal upheld a judgment of the Commercial Tribunal and confirmed that the exclusive sale agreement for Fiat vehicles concluded by TCI Auto Service (the dealer, “TCI”) and Fiat Auto Belgio (the manufacturer, “Fiat”) for a (...)

The EU Commission adopts block exemption regulation and guidelines on vertical agreements
Brussels School of Competition (Brussels)
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DG COMP (Brussels)
,
DG JUST (Brussels)
"Vertical Agreements: New Competition Rules for the Next Decade"* I. Introduction On 20 April 2010 the Commission adopted a new Block Exemption Regulation applicable to vertical agreements (hereinafter ‘the Regulation’). At the same time it adopted the contents of accompanying Guidelines on (...)

The EU Commission adopts vertical agreements block exemption regulation and vertical restraints guidelines
Van Bael & Bellis (Brussels)
On 21 April 2010, the Commission adopted final versions of the new Vertical Agreements Block Exemption Regulation (“VABER”) and Vertical Restraints Guidelines (“Guidelines”). The new VABER will enter into force on 1 June 2010, and will expire at the end of May 2022. The new VABER provides for a (...)

The EU Commission adopts rules applicable to distribution agreements
Paul Hastings (Brussels)
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DPDgroup (Paris)
Executive Summary: Earlier this year, the new EU Vertical Block Exemption Regulation (“New Block Exemption Regulation”) and the accompanying new Vertical Restraints Guidelines (“New Guidelines”) entered into force. Their scope of application covers all agreements between economic operators at (...)

The French Competition Authority validates a franchise network in the car wash sector (Hypromat France)
Van Bael & Bellis (Brussels)
On 15 April 2010, the French Competition Authority dismissed a complaint lodged by several franchisees and former franchisees (the “complainants”) against their franchisor, Hypromat France SAS (“Hypromat”), concerning alleged infringements of Articles 101 and 102 TFEU (ex-Articles 81 and 82 EC) and (...)

The Croatian Competition Authority identifies restrictive provisions of selective distribution agreements for motor vehicles and repair services that cannot be exempted under the relevant block exemption regulation (Hyundai auto Zagreb)
University of Macau - Faculty of Law (Macau)
On 8 April 2010 the Croatian Competition Authority (AZTN) identified a number of anticompetitive provisions in the selective distribution agreements concluded by exclusive supplier of Hyundai automobiles in Croatia - Hyundai auto Zagreb d.o.o. (HAZ) - that could not be exempted under the BER in (...)

The Swedish Competition Authority publishes sectoral investigation report on motor vehicle warranties
Van Bael & Bellis (Brussels)
The Swedish Competition Authority has published a sectoral investigation report concerning motor vehicle warranty schemes in Sweden. In this report, the Swedish Competition Authority found that a small number of motor vehicle manufacturers (namely BMW, KIA and Subaru) offer a manufacturer’s (...)

The EU Commission adopts new and streamlined insurance block exemption
Morgan Lewis (London)
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British Airways (Harmondsworth)
The European Commission has today adopted a new Insurance Block Exemption («New IBER»), exempting certain categories of cooperation in the insurance sector from the prohibition against anticompetitive cooperation contained in Article 101(1) of the Treaty on the Functioning of the EU («TFEU»). It (...)

The EU Commission adopts a Block Exemption Regulation for the insurance sector
Winston & Strawn (London)
On 24 March 2010, the European Commission (Commission) adopted a new Block Exemption Regulation (new BER) for the insurance sector. This exempts certain agreements from the EU-wide ban on anticompetitive practices contained in Article 101 Treaty on the Functioning of the European Union (TFEU) (...)

The EU Commission launches public consultation on the review of the competition rules for the motor vehicle sector
Van Bael & Bellis (Brussels)
On 21 December 2009, the European Commission launched a public consultation on its review of the competition rules for the motor vehicle sector. In particular, the European Commission published a draft sector-specific block exemption and notice concerning the sale of new motor vehicles, spare (...)

The Turkish Competition Authority investigates price-fixing and non-compete provisions in franchising agreements (DiaSA / Complaining Franchisees)
Erdem & Erdem (Istanbul)
Two complaints were lodged against DiaSA by its franchisees alleging that the provisions and application of DiaSA’s franchise agreements are in violation of the Act on Protection of Competition Numbered 4054 (“Competition Act”). The Competition Board (“CB”) examined the price and non-compete (...)

The Karlsruhe Higher Regional Court decides that sales via an internet auction platform can be prohibited in a selective distribution system if the selection criteria are objective and applied in a non-discriminatory manner (Scout)
Gleiss Lutz (Frankfurt)
On 25 November 2009, the Higher Regional Court of Karlsruhe confirmed a judgement of the Regional Court of Mannheim and therewith dismissed the appeal of the plaintiff. The question at stake was whether the defendant Scout had an obligation to supply an authorised distributor of a selective (...)

The Dutch Court of Appeal of Leeuwarden rules that the termination of distribution contracts by a supplier under pressure from competing distributors is a concerted practice (Batavus / Vriend)
Van Doorne (Amsterdam)
I. Introduction This judgment of the Court of Appeal of Leeuwarden (“the Court”) is the latest in a series of judgments in a long running dispute relating to the termination in 2001 by Batavus B.V. (“Batavus”), a bicycle manufacturer, of its long term business relations with a retailer, Vriend’s (...)

The Danish Competition Authority prohibits a TV broadcaster and satellite distributor’s business terms regarding the distribution of two TV channels (Viasat)
European Commission (Brussels)
Denmark: Authority prohibits Viasat’s Business Terms Regarding Distribution of TV 3 and TV 3 The Danish Competition Council (DCC) adopted on 30 September 2009 a decision finding that Viasat’s business terms, regarding distribution of the TV-channels TV 3 and TV 3+ in cable networks infringe (...)

The EU Commission publishes communication identifying current plans for future legal framework to be applied to the motor vehicle industry
Van Bael & Bellis (Brussels)
On 22 July 2009, the European Commission published for consultation a Communication and accompanying Impact Assessment Report setting out its views on the future competition law framework for the motor vehicle sector. The current Motor Vehicle Block Exemption Regulation (MVBER) expires on 31 (...)

The EU Commission consults Member States concerning the future of the motor vehicle block exemption regulation
Van Bael & Bellis (Brussels)
According to certain sources, the Commission has recently requested Member States to express their views in relation to the future of the Motor Vehicle Block Exemption Regulation (which will expire in May 2010). The Commission has apparently asked Member States to consider the following four (...)

The German Competition Authority adopts a decision on exclusive distribution and non-compete clauses for chemical products (Merck / VWR International)
Van Bael & Bellis (Brussels)
In a recently published decision of 14 July 2009, the German Competition Authority found that an agreement between Merck and VWR International Europe (“VWR”) for the distribution of chemical products used by laboratories was contrary to Article 81 EC and the equivalent provision of German law. (...)

The Munich Higher Regional Court decides that the prohibition to resell products on internet auction platforms is exempted under the Vertical Block Exemption Regulation (Amer Sports)
Gleiss Lutz (Frankfurt)
On 2 July 2009, the Higher Regional Court of Munich confirmed a judgement of the Regional Court of Munich. The question at stake was whether the defendant was allowed to prohibit the sale of its products via internet auction platforms through its general terms and conditions. Facts The (...)

The Munich Higher Regional Court accepts the prohibition of selling through auction websites (Amer Sports)
Van Bael & Bellis (Brussels)
In a recently published judgment of 2 July 2009, the Higher Regional Court of Munich (the “Court”) found that a manufacturer of sports products (Amer) was allowed to prohibit its distributors to resell its products through auction websites, such as eBay. Amer had been sued by the German (...)

The German Federal Court of Justice specifies the relation between the primary and secondary distribution agreements in light of the short term period according to Article 3(5)(b) Reg. 1400/2002 (Renault Nissan Deutschland)
Dentons (Berlin)
In a decision of 24 June 2009, the German Federal Court of Justice (“BGH”) specified the relation between the primary and secondary distribution agreements in light of the short termination period provided for by Article 3(5)(b) EC Regulation 1400/2002. In its decision, the BGH upheld the (...)

The Versailles Court of Appeal issues a decision regarding the selection of distributors of new vehicles in a qualitative and quantitative selective distribution system (Sodac / BMW)
Vogel & Vogel (Paris)
Legal disputes often arise relative to the selection of distributors of new vehicles in distribution systems that are both qualitative and quantitative in the various Member States of the EU. An analysis of the decisions rendered reflects the significant difficulties, after entry into force of (...)

The Paris Court of Appeal holds that the ban on resale outside the network may apply to registered cars and discrimination is no longer prohibited per se (General Motors France / Bigorre Services Automobiles / Navarre Services Automobiles)
Vogel & Vogel (Paris)
On 27 May 2009, the Paris Court of Appeal rendered a judgment that is of great interest with regard to two competition law issues. In respect of sales outside the network by distributors :- under Block Exemption Regulation n° 1400/2002 on the application of Article 81(3) of the Treaty to (...)

The Belgian Supreme Court makes clear that a judge cannot invoke Art. 81.3 EC on its motion if it was not invoked by one of the parties to the case (Brouwerij Haacht)
VMMa (Gent)
Facts The case concerns an appeal to the Belgian Supreme Court against a decision of the Brussels Court of Appeal. It is important to note that the Belgian Supreme Court does not assess the facts of a case, it can only decide on the legality of a judgment. The case concerns an exclusive (...)

The EU Court of Justice rules on non-compete and resale price maintenance in the context of block exemption regulations (Pedro IV Servicios / Total España)
Van Bael & Bellis (Brussels)
On 2 April 2009, the European Court of Justice (“ECJ”) delivered a judgment in Pedro IV Servicios SLv. Total España SA, a preliminary reference concerning the analysis of non-compete obligations and alleged resale price maintenance in the light of Regulation 1984/83 (the former block exemption (...)

The Turkish Competition Authority requests a car manufacturer to amend the non-qualitative criterion of its authorized service agreement and the use of equipment to prevent discrimination between existing and new authorized providers (Renault Trucks Turkiye Ticaret)
Derman Düren Akol (Istanbul)
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European Bank for Reconstruction and Development (London)
,
Çiğdemtekin Dora Aranci (Istanbul)
The Turkish Competition Board evaluates the authorized service agreement and the practices of the manufacturer Renault Trucks Turkiye Ticaret A.S. under (i) Article 3, 5, 6 of the Block Exemption Communiqué n° 2005/4 on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector with (...)

The EU Commission holds a roundtable with stakeholders concerning the future of the motor vehicle block exemption regulation
Van Bael & Bellis (Brussels)
On 9 February 2009, European Competition Commissioner Neelie Kroes hosted a roundtable on the Motor Vehicle Block Exemption Regulation at which a small group of industry leaders were invited to give their views on the future block exemption regime. There has been a delay in the timetable (...)

The Paris Court of Appeal rules on network reorganization and termination of distribution agreements (Volkswagen / Montélimar Automobiles)
Vogel & Vogel (Paris)
Up until 2003 a car manufacturer had distributed its vehicles via networks specific to each brand by guaranteeing territorial exclusivity to all of its dealers. With the entry into force of Regulation n° 1400/2002 , the company opted for a qualitative and quantitative selective distribution (...)

The Croatian Competition Authority rules on the compatibility of the promotion campaigns of an automobile importer with the block exemption regulation (Sanabilis / Citroën)
University of Macau - Faculty of Law (Macau)
Citroën Hrvatska d.o.o. (Citroën) is the exclusive importer of Citroën automobiles in Croatia, which established a selective distribution network of 19 distributors and 22 retailers of original spare parts and repair service centers. One of the Citroën’s distributors Sanabilis d.o.o. (Sanabilis) (...)

The EU Commission launches public consultation concerning the regime governing horizontal cooperation agreements
Court of First Instance of Namur (Namur)
On 4 December 2008, the Commission posted on its website a questionnaire for stakeholders concerning the block exemption regulations applicable to research and development agreements (Commission Regulation No. 2659/2000) and specialization agreements (Commission Regulation 2658/2000), which are (...)

The Bulgarian Parliament adopts an act on the protection of competition
Kinstellar (Sofia)
A new Bulgarian Act on the Protection of Competition (the “New APC”) entered into force on 2 December 2008. The New APC is aimed at the further convergence of the Bulgarian substantive and procedural rules in the field of antitrust, abuse of dominance and merger control with the Community (...)

The EU Commission publishes draft of revised liner shipping block exemption
Court of First Instance of Namur (Namur)
On 6 October 2008, the Commission published on its website a preliminary draft of a new block exemption regulation relating to certain categories of agreements, decisions and concerted practices between liner shipping companies (i.e., shipping consortia). Shipping consortia are a form of (...)

The German Federal Court of Justice upholds the judgment of the Dusseldorf Higher Regional Court rejecting the Federal Cartel Office’s definition of the relevant market for professional indemnity insurance (Versicherungsstelle Wiesbaden)
University of Münster
,
University of Münster
1. The «Versicherungsstelle Wiesbaden» is a co-insurance pool offering professional indemnity insurance to public accountants, accounting firms and mutual auditing associations (below: accountants). It is jointly operated by four major private insurance companies (Allianz, AXA, R+V and (...)

The EU Commission adopts guidelines on the application of Article 81 of the EC Treaty to the maritime sector
DG COMP (Brussels)
,
European Commission (Brussels)
"The new Guidelines on the application of Article 81 of the EC Treaty to the maritime sector"* On 1 July 2008, the European Commission adopted guidelines on the application of Article 81 of the EC Treaty to maritime transport services (‘the Guidelines’). This followed a public consultation in (...)

The Irish Competition Authority extends block exemption of non-compete obligations for the distribution of fuel
Van Bael & Bellis (Brussels)
On 1 July 2008, the Irish Competition Authority extended the block exemption (from the Irish law equivalent to Article 81 EC) of non-compete obligations in agreements for the distribution of fuel products in service stations. Thus, non-compete obligations of a duration of less than 10 years (...)

The Turkish Competition Authority rules that the block exemption on vertical agreements applies to a vertical agreement containing hard-core restraints (Sinan Erdoðan / Lido Su)
Derman Düren Akol (Istanbul)
,
European Bank for Reconstruction and Development (London)
Sinan Erdoðan (the “Distributor”) applied on 23 May 2008 to the Turkish Competition Board (the “Board”) alleging that the distribution agreement (the “Distribution Agreement”) entered into with Lido Su and Gýda San. Tic. A.Þ. (“Lido Su”) in October 2006 regarding the resale of spring water in (...)

The EU Commission consults on the insurance block exemption regulation
Van Bael & Bellis (Brussels)
On 17 April 2008, the European Commission published a consultation paper on the functioning of the Insurance Block Exemption Regulation. The Commission originally adopted a Block Exemption Regulation covering the insurance sector in 1992. When the 1992 Regulation expired in 2003, it was (...)

The Turkish Competition Authority adopts block exemption guidelines on technology transfer agreements on the basis of EC Reg. N° 772/2004
Erdem & Erdem (Istanbul)
The Turkish Competition Authority (hereinafter referred as “Authority”) has recently adopted a communiqué entitled as “Communiqué on the Block Exemption Related to the Technology Transfer Agreements” (hereinafter referred as “Communiqué”) numbered 2008/2 on the basis of the European Commission (...)

The Strasbourg Court of First Instance rules that parallel resales do constitute an act of unfair competition (Puma / France Telecom / Brandalley / Vanam)
EDHEC (Lille)
France Telecom, Brandvalley and Vanam companies have been sued in France by Puma France Company for distributing Puma brand products on a website, whereas they weren’t members of the Puma distribution system. Puma France filed a claim to the Strasbourg Court of First Instance for emergency (...)

The Hamburg Regional Court rules on exclusive smartphone distribution agreements (Apple / T-Mobile)
Gleiss Lutz (Munich)
,
Milbank, Tweed, Hadley & McCloy (Munich)
On 4 December 2007 the German Regional Court of Hamburg issued a decision on the compatibility with competition law and the law against unfair practices of the exclusive distribution agreement concluded between the German mobile network operator T-Mobile and the American multinational (...)

The EU Commission renders legally binding commitments on four car manufacturers to give independent repairers proper access to repair information (Daimler / Chrysler / Fiat / Toyota / General Motors)
DG COMP (Brussels)
,
DG COMP (Brussels)
"Four decisions bind DaimlerChrysler, Fiat, Toyota and General Motors to commitments to give independent repairers proper access to repair information"* I. Introduction: Importance of these decisions for consumers It is commonly recognised that there is a widespread problem in the motor (...)

The German Competition Authority prohibits insurance cartel for pecuniary loss liability risks of auditors and chartered accountants (Versicherungsstelle Wiesbaden)
Norton Rose Fulbright (Hamburg)
In a decision dated 10 August 2007, the German Federal Cartel Office (FCO) prohibited four of the major German insurance companies from continuing to insure the pecuniary loss liability risks of auditors and chartered accountants jointly via a joint insurance pool (with an exemption for (...)

The Czech Competition Authority terminates proceedings on alleged anticompetitive non-compete provision without imposing any fine (CS Sport / Tipsport)
Wolf Theiss (Prague)
,
Czech Ministry of Justice (Prague)
On 8 August 2007, the Czech Office for the Protection of Competition terminated the proceedings in the Tipsport case, initiated in 2006, without adopting a final verdict. The case concerned an agreement entered into by Tipsport, a major Czech betting company, and Ceskoslovensky Sport (CS (...)

The French Competition Authority issues an opinion on quality label farm and food industry (Comité interprofessionnel de la volaille de Bresse)
French Competition Authority (Paris)
Sale of intermediate products restricted to label producers: The Conseil de la concurrence examines whether it is compatible with competition law to reserve certain intermediate products for producers of a quality farm or food label. It gives a balanced answer.* Following a request for opinion (...)

The Utrecht District Court holds that an exclusive purchasing agreement relating to the exploitation of a service station cannot benefit from the block exemptions (BP Nederland)
European Commission - DG HR (Brussels)
,
European Court of Justice (Luxembourg)
On 23 September 1994, BP and the defendant concluded an exploitation agreement according to which the defendant obtained the right to exploit BP’s outlet for the sale of motor-vehicle fuels for a period of fifteen years. This agreement contained an exclusive purchasing clause under which the (...)

The German Federal Court of Justice decides on the effects of legal changes brought by EC Reg. 1400/2002 on automobile distribution networks (BMW)
Gleiss Lutz (Munich)
,
Milbank, Tweed, Hadley & McCloy (Munich)
Facts The plaintiff was a former authorised distributor of the defendant automobile manufacturer Bayerische Motorenwerke AG (BMW). In 1996, the plaintiff entered into a contract with BMW for the distribution of motor vehicles manufactured by BMW. This contract was based on a standard clause (...)

The German Federal Court of justice finds, after referring the case to the ECJ for a preliminary ruling, that formerly block exempted motor vehicle distribution agreements contain hardcore restrictions under the new EC Reg. 1400/2002 (BMW)
Hengeler Mueller (Dusseldorf)
I. Background The contractual relationship between the German car manufacturer BMW and its authorized car dealers is based on a formal dealer agreement. In respect of the termination of the contract, a 12 months’ instead of a 24 months’ notice applies if BMW sees the necessity to reorganise the (...)

The Spanish Competition Authority sanctions a beer producer for imposing minimum purchasing obligations and limiting competing advertising in its distribution contracts (Cervezas Canarias 2)
Hogan Lovells (Madrid)
Cervezas Anaga S.A (hereinafter, "Anaga"), a brewer from the Canary Islands, lodged a complaint before the Spanish Servicio de Defensa de la Competencia ("the Servicio") on 2005 against Compañía Cervecera de Canarias ("Cercasa") for an alleged infringement of Article 1 of the Spanish Law n° (...)

The Turkish Competition Authority holds that a distribution agreement between a chips producer and distributors contains prohibited resale price maintenance (Frito Lay)
Erdem & Erdem (Istanbul)
By a decision dated 11 January 2007, the Turkish Competition Board (Hereafter “CB”) held that the international chips producer Frito Lay’s hand terminal system is prohibiting the distributors from determining the resale prices and therefore can not be considered in the scope of the Block Exemption (...)

The EU Commission adopts a block exemption regulation concerning consultations on passenger tariffs on scheduled air services and slot allocation at airports
European Commission - DG TRADE (Brussels)
"Commission brings air transport in line with other industries by phasing out the block exemptions that have existed in this sector since 1988"* On 28 September 2006, the Commission adopted Regulation (EC) No 1459/2006 on the application of Article 81(3) of the Treaty to certain categories of (...)

The EU Council adopts the Commission’s proposal to repeal regulation block exemption concerning maritime transport for liner conferences
DG COMP (Brussels)
,
DG COMP (Brussels)
"Milestones in maritime transport: EU ends exemptions"* On 25 September 2006, the Competitiveness Council unanimously adopted the Commission’s proposal to repeal the block exemption for liner conferences on routes to and from the EU. This is a historic date since the EU is the first (...)

The Dusseldorf Higher Regional Court holds that the term “free servicing” in Art. 4.1.k of EC Reg. 1400/2002 includes extended services provided that the supplier does not charge the buyer an additional fee (5-Sterne-Premium-Paket)
Gleiss Lutz (Munich)
,
Milbank, Tweed, Hadley & McCloy (Munich)
On 20 September 2006, the German Higher Regional Court of Düsseldorf issued a decision on the interpretation of Regulation n° 1400/2002 concerning the contractual obligation of authorised repairers exclusively to use original spare parts instead of spare parts of matching quality. Facts The (...)

The Amelo Court of First Instance decides that vertical agreements not covered by EC Reg. n° 2790/1999, because they have as their object the restriction of the territory into which the goods may be sold, are not caught by competition rules given their insignificant effect on competition (Bread products case)
European Commission - DG HR (Brussels)
,
European Court of Justice (Luxembourg)
X is a partnership under Dutch law which has made several agreements with retailers, including Y. According to the agreements, X delivers, under certain conditions, bread products to the retailers. These bread products are then sold by the latter to consumers. X has initiated a proceeding (...)

The Bulgarian Competition Authority grants an individual exemption of an exclusive distribution agreement (GlaxoSmithKline)
ArbJournal (Richmond)
In the beginning of 2006 GlaxoSmithKline Ltd, Bulgaria, (GSK) notified the Commission on Protection of Competition (CPC) about an exclusive distribution agreement (Agreement) entered into between GSK and Agroengineering-90 Ltd (Agroengineering) on 21 December 2005. Subject of the agreement are (...)

The Brussels Court of Appeal awards damages for active sales breaching an exclusive distribution agreement (Horas International / Rexit)
BECI (Brussels)
,
Liège University (Liège)
The facts The appellant in this case is a Belgian firm whose business activities consist in distributing furniture and accessories (hereafter the “distributor”). The defendant is an Italian company specialized in the design and production of furniture (hereafter the “manufacturer”). In 1985, the (...)

The Dutch District Court of Zutphen holds in an interim judgment that the vertical restraints block exemption regulation covers the application of dissimilar terms and conditions of supply to internet retailers (Groen Trend & Schouten Keukens / AEP Home Products)
JBT Corporation (Netherlands)
In December 2005 interim proceedings were brought before the District Court of Zutphen in a dispute between AEP Home Products (“AEP”), a supplier of kitchen appliances of the brands Atag, Etna and Pelgrim, and two of its buyers namely the internet retailer Groen Trend and the specialist shop (...)

The EU Commission proposes to repeal the liner conference Block Exemption Regulation
DG COMP (Brussels)
,
DG COMP (Brussels)
"The Commission proposes to repeal the Liner Conference Block Exemption"* On 14 December 2005 the Commission adopted a proposal for a Council Regulation repealing Council Regulation 4056/86 applying Articles 81 and 82 EC to maritime transport services and amending Regulation 1/2003 to extent (...)

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

The Brussels Court of Appeal confirms that an exclusive beverages supply agreement is in conformity with Art. 81 EC (Emond / Brasserie Haacht)
BDGS Associés (Paris)
In a decision dated of 23 June 2005, the Court of Appeal of Brussels confirmed the conformity of a supply agreement of beverages with the Article 81 of the EC treaty. The facts leading to this decision were the following. On 24 June 1993, M. Emond signed a supply agreement with the brewery (...)

The Paris Court of Appeal condemns an undertaking in the cosmetic sector to repair the damage suffered by a manufacturer for the unauthorized resale of its products outside the selective distribution network (La Roche Posay)
Sheppard, Mullin, Richter & Hampton (Brussels)
,
Notre Europe (Paris)
This is a judgment of the Court of Appeal of Paris applying Article 81 EC which has been transmitted to the European Commission by virtue of Article 15(2) of Regulation n° 1/2003 and has been published on DG Competition’s website (See also on this case, C. Mai-Doremus and J. Philippe, The Paris (...)

The Paris Court of Appeal holds that a selective distribution system in the dermo-cosmetics products sector is compatible with EC Reg. n° 2790/1999 (La Roche Posay)
Freshfields Bruckhaus Deringer (Paris)
,
Johnson & Johnson (Issy-les-Moulineaux)
La Roche Posay is specialised in the manufacturing and marketing of dermo-cosmetics products and has established a selective distribution system throughout the European Economic Area (EEA). La Roche Posay and its distributor in France, Cosmétique Active France, brought an action against LCJ (...)

The Madrid Commercial Court finds that a distribution agreement may not be a ’genuine’ agency agreement and thus may fall within the scope of Art. 81.1 EC (Gebe / BP Oil España)
London School of Economics (London)
Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, “Campsa”) and Gebe, S.L. (“Gebe”) concluded in July 1988 an agreement concerning the distribution of oil products. The latter operated from premises hired to him by Campsa. The agency agreement included a non-compete obligation and (...)

The Gravenhage Court of Appeal considers that although the licensor could not compel the licensee to comply with contractual provisions that were void under article 81 EC, the licensor was however not precluded from terminating the agreement according to the terms of the latter (Dekker / Sunfield)
European Commission - DG HR (Brussels)
Dekker is active in the market for the improvement of chrysanthemum species and owns the cultivation rights of certain species. Its market share is estimated at 25% of the Dutch market. Sunfield is active in the breeding of chrysanthemum species and sells cultivation material to cultivators. (...)

The German Federal Court of Justice decides on the validity of several standard clauses contained in motor vehicle distribution agreements (Citröen)
Gleiss Lutz (Munich)
,
Milbank, Tweed, Hadley & McCloy (Munich)
On 13 July 2004, the German Federal Court of Justice issued a judgement on the validity of several standard clauses contained in motor vehicle distribution agreements concluded between the French automobile manufacturer CITROËN and its licensed dealers in Germany. The case concerned the (...)

The EU Commission fines a producer of collectible products and confectionery popular with young children for preventing parallel imports of stickers and game cards (Souris-Topps)
DG COMP (Brussels)
"Commission imposes fine on Topps for preventing parallel imports of Pokémon stickers and cards"* 1. Introduction On 26 May 2004, the Commission adopted a decision finding that The Topps Company Inc and its European subsidiaries, Topps Europe Ltd, Topps International Ltd, Topps UK Ltd and (...)

The Hungarian Competition Authority grants individual exemption to insurance companies for the conclusion of a consortium agreement (ÁB-Aegon Általános /Allianz Hungária / Generali-Providencia / OTP-Garancia / Uniqa)
Lakatos, Köves (Budapest)
,
Lakatos, Köves (Budapest)
In 2003, AB-Aegon Általános Biztosító Rt, Allianz Hungária Biztosító Rt., Generali-Providencia Biztosító Rt., OTP-Garancia Biztosító Rt. and Uniqa Biztosító Rt. filed a request for negative clearance or alternatively, a request for an individual exemption with the Hungarian Competition Office (HCO). The (...)

The EU Commission adopts new safe harbor for licensing of patents, know-how, and software copyright
Brussels School of Competition (Brussels)
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DG COMP (Brussels)
,
Latham & Watkins (Brussels)
"Commission adopts new safe harbour for licensing of patents, know-how and software copyright"* The European Commission has adopted on the 7th of April new rules for applying competition policy to the licensing of patents, know-how and software copyright. The new block exemption regulation, (...)

The UK High Court rules on the applicability of a national doctrine in circumstances where it has previously been held that, in principle, the issue falls within the scope of article 81 EC (Days Medical Aids / Pihsiang)
Sheppard, Mullin, Richter & Hampton (Brussels)
Facts of the case Days Medical Aids Ltd (“DMA”) carried on business as, inter alia, an importer of wheelchairs and scooters designed to assist people with mobility problems. Pihsiang Machinery Manufacturing Co Ltd (“PMM”) exported substantial numbers of scooters worldwide. In 1996, DMA and PMM (...)

The EU Commission extends for 5 years the REIMS II exemption enhancing competition in the cross-border mail market through third-party access
GSMA (Belgium)
"The REIMS II exemption decision: enhancing competition in the cross-border mail market through third party access"* 1. Introduction On 23 October 2003, the European Commission adopted a decision in case COMP/C1/38170 REIMS II prolongingfor an additional five years the exemption of the REIMS (...)

The EU Court of First Instance delivers its judgment in the TACA case upholding the Commission decision concerning infringements of articles 81 and 82 of the EC Treaty (Atlantic Container Line)
DG COMP (Brussels)
"The TACA judgment: lessons learnt and the way forward"* Introduction On 30 September 2003, the Court of First Instance (CFI) delivered a long-awaited judgment in the Transatlantic Conference Agreement (‘TACA’) case. The case concerned the organisation of containerised liner shipping services (...)

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

The EU Commission approves the amended supply agreements between the largest Belgium brewer and the Horeca outlets located in the Belgium market (Interbrew)
Netherlands Authority for Consumers & Markets (The Hague)
"European Commission opens up Interbrew’s Belgian horeca outlets to competing beer brands"* On 15 April 2003, the European Commission approved the amended supply agreements between Interbrew, the largest brewer in Belgium, and pubs, restaurants or hotels (horeca-outlets) located on the Belgian (...)

The EU Commission applies the new motor vehicle Block Exemption Regulation for the first time in a case regarding authorized repairers (AUDI)
European Commission (DG NEAR) (Brussels)
"The first case of application of the new motor vehicle block exemption regulation: AUDI’s authorised repairers"* Introduction The new motor vehicle block exemption regulation (BER) entered into force on 1 October 2002. A one-year transitional period until 30 September 2003 is foreseen in the (...)

The EU Commission issues new explanatory brochure on Block Exemption Regulation n° 1400/2002 on the motor vehicle sector bringing competition rules closer to consumers and market operators
DG COMP (Brussels)
"New explanatory Brochure on Commission Block Exemption Regulation n° 1400/2002 on the motor vehicle sector: bringing competition rules closer to consumers and market operators"* On 30 September 2002, the Directorate General for Competition of the European Commission published an Explanatory (...)

The EU Commission adopts new rules for motor vehicle distribution and servicing
DG COMP (Brussels)
"New rules for motor vehicle distribution and servicing"* This article is essentially a follow-up to the fuller article that appeared in the June 2002 edition of the Competition Policy Newsletter. Rather than repeat the contents of the earlier piece, which covered the background to the (...)

The EU Court of First Instance confirms the Commission’s decision in a price-fixing case in the shipping sector clarifying the scope of regulation 4056/86 concerning the application of articles 85 and 86 of the EC Treaty to the maritime transports (TACA)
DG COMP (Brussels)
"Recent judgments in the liner shipping sector"* 1. Introduction On 28 February 2002, the European Court of First Instance (the CFI) delivered three judgments of great importance for EU maritime competition policy. Ruling on appeals brought against the 1994 TAA and FEFC decisions and 1996 (...)

The EU Commission adopts proposal for a new motor vehicle block exemption
European Commission - DG RTD (Brussels)
"Towards a new motor vehicle block exemption — Commission proposal for motor vehicle distribution, adopted on 5 February 2002"* 1. Why a new sector specific Block Exemption Regulation? As evidenced in the Commission’s evaluation report on Regulation 1475/95] (the current Block Exemption (...)

The EU Commission issues an evaluation report on the transfer of technology block exemption regulation
Brussels School of Competition (Brussels)
,
DG COMP (Brussels)
"Review of the block exemption Regulation on technology transfer agreements"* While the Block Exemption Regulation n° 240 on transfer of technology (hereafter ‘TTBE’) is expected to apply until 31 March 2006, Article 12 requires the Commission to carry out regular assessments of the application (...)

The EU Commission imposes a fine of €71.825 million against a German car manufacturer for three types of infringements to article 81 of the EC Treaty (4GH / Daimler & Mercedes)
European Commission (DG NEAR) (Brussels)
,
DG COMP (Brussels)
"The fourth prohibition decision in the area of car distribution in four years: This time it’s Mercedes’ turn"* Introduction The Commission decided on 10 October 2001 to impose a fine of EUR 71.825 million on DaimlerChrysler AG for three types of infringements of Article 81 of the EC Treaty in (...)

The EU Commission adopts a draft concerning the revision of the notice on agreements of minor importance
Brussels School of Competition (Brussels)
"Revision of the 1997 Notice on agreements of minor importance (de minimis Notice)"* The Commission adopted on the 16th of May a draft de minimis Notice and invites comments from industry, consumer organisations and other interested third parties. The revision is part of the Commission’s review (...)

The UK High Court makes a group litigation order in a competition case in the automobile sector (Prentice / DaimlerChrysler UK)
Reed Smith (London)
Gerald Barling is a justice of the High Court and president of the Competition Appeal Tribunal (CAT). He wrote an article “Collective Redress for Breach of Competition Law – A Case for Reform” published in Competition Law Journal Volume 10 Issue 1, 2011. In it he deals with Group Litigation Orders (...)

The EU Commission prepares a report on the evaluation of the block exemption regulation relating to motor vehicle distribution
DG COMP (Brussels)
"Monitoring of Regulation (EC) n° 1475/95 concerning the distribution of motor vehicles"* The block exemption Regulation relating to motor vehicle distribution entered into force on July 1, 1995 and will expire on September 30, 2002. It allows selective and exclusive distribution and servicing (...)

The EU Commission approves a liner shipping consortium (Europe to Caribbean Consortium)
DG COMP (Brussels)
,
DG COMP (Brussels)
"Commission clears two liner shipping consortia"* In October and December 2000 the Commission received two notifications of agreements envisaging the formation of consortia of liner shipping companies in the sense of Regulation 823/2000. The former consists of several such companies wanting (...)

The EU Commission adopts new rules concerning horizontal cooperation agreements
DG COMP (Brussels)
,
DG COMP (Brussels)
"Horizontal Co-operation Agreements: New Rules in Force"* On 1 January 2001 new rules for the assessment of horizontal cooperation agreements entered into force. The adoption by the Commission of the new ‘block exemption’ Regulations for Specialisation and R&D agreements and of the (...)

The EU Commission clears a liner shipping consortium (Grand Alliance)
DG COMP (Brussels)
,
DG COMP (Brussels)
"Commission clears two liner shipping consortia"* In October and December 2000 the Commission received two notifications of agreements envisaging the formation of consortia of liner shipping companies in the sense of Regulation 823/2000. The former consists of several such companies wanting (...)

The Spanish Competition Authority rules that an agreement between two savings banks to coordinate the closing of their offices in several small villages is covered by the former “de minimis” exemption (Caja Jalón / Caja Zaragoza)
European Court of Justice (Luxembourg)
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Garrigues (Brussels)
In a Decision dated November 15, 1999, the former Spanish second-tier Competition Authority (“Tribunal de Defensa de la Competencia”, hereinafter, the “TDC”) ruled that an agreement between two savings banks to coordinate the closing of their offices in several small villages was subject to an (...)

The EU Commission issues a revised transatlantic conference agreement
DG COMP (Brussels)
"Revised TACA"* Introduction The Commission’s TACA (Trans-Atlantic Conference Agreement) decision of 16 September 1998 found that certain agreements between the liner shipping companies party to the TACA restricted competition and neither fell within the block exemption of liner conferences (...)

The EU Commission adopts Communication on the application of the EC competition rules to vertical restraints
Brussels School of Competition (Brussels)
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DG COMP (Brussels)
"Communication of the Commission on the application of the EC competition rules to vertical restraints - follow up to the green paper on vertical restraints"* On the 30th of September last the European Commission adopted a Communication on the application of the EC competition rules to (...)

The EU Commission authorizes a consortium agreement under which the shipping companies operate a joint liner service between ports in Europe and ports in East Africa and the red sea (East African Container Service)
Hong Kong Competition Commission
,
DG COMP (Brussels)
"Maritime Transport : Commission Gives Green Light To Five Consortium Agreements"* On the basis of proposals from Mr Van Miert, the Commission has recently authorised a series of consortium agreements in the maritime transport sector. These are the first cases involving the application of the (...)

The EU Commission gives green light to a consortium agreement in the maritime transport under which the shipping companies operate a joint liner service between the Montreal port and various ports in the North-West of Europe (St Lawrence Coordinated Service)
Hong Kong Competition Commission
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DG COMP (Brussels)
"Maritime Transport : Commission Gives Green Light To Five Consortium Agreements"* On the basis of proposals from Mr Van Miert, the Commission has recently authorised a series of consortium agreements in the maritime transport sector. These are the first cases involving the application of the (...)

The EU Commission authorizes a consortium agreement under which the shipping companies operate a joint liner service between the Montreal port and various ports in the Eastern Mediterranean (Joint Mediterranean Canada Service)
Hong Kong Competition Commission
,
DG COMP (Brussels)
"Maritime Transport : Commission Gives Green Light To Five Consortium Agreements"* On the basis of proposals from Mr Van Miert, the Commission has recently authorised a series of consortium agreements in the maritime transport sector. These are the first cases involving the application of the (...)

The EU Commission gives green light to a consortium agreement under which the shipping companies operate a joint liner service for the transport of goods between two British ports and a Polish port (British ports of Hull and Felixstowe and Polish port of Gdynia)
Hong Kong Competition Commission
,
DG COMP (Brussels)
"Maritime Transport : Commission Gives Green Light To Five Consortium Agreements"* On the basis of proposals from Mr Van Miert, the Commission has recently authorised a series of consortium agreements in the maritime transport sector. These are the first cases involving the application of the (...)

The OECD holds a roundtable on general cartel bans: criteria for exemption for small and medium-sized enterprises
OECD - Competition Division (Paris)
The Roundtable debated conditions for exempting horizontal co-operation among small and medium-sized enterprises (SMEs) from general prohibitions against cartels. In a number of countries, either a legal provision exempts agreements between SMEs or such agreements are allowed under a de (...)

The EU Commission adopts a new regulation on motor vehicle distribution
DG COMP (Brussels)
"The New Regulation on Motor Vehicle Distribution"* The new Commission Regulation (EC) No 1475/95(OJ L 145 of 29.6.1995, p.25) on the application of Article 85 (3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements has become applicable from 1 October (...)

The EU Commission adopts a block exemption for liner shipping consortia
DG COMP (Brussels)
"New block exemption for liner shipping consortia"* On 20 April 1995 the Commission adopted a regulation granting block exemption to liner shipping consortia [Commission Regulation (EC) No 870/95 of 20 April 1995 on the application of Article 85(3) of the Treaty to certain categories of (...)

The EU Commission adopts new Block Exemption for liner shipping companies
Hong Kong Competition Commission
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DG COMP (Brussels)
"Principal Features of Commission Regulation No 870/95"* This favourable treatment on the part of the Commission is explained by the advantages brought about by consortia. In general, they help to improve not only productivity but also the quality and the frequency of the liner transport (...)

Unilateral Practices

The Turkish Competition Authority finds the allegations of an abuse of dominance against an automobile services company groundless and does not initiate a full-fledged investigation (Samuklar / Brisa)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
On February 13, 2020, the Turkish Competition Board (“Board”) initiated a preliminary investigation upon the complaints received from Samuklar Motorlu Araçlar Madencilik İnş. San. ve Tic. Ltd. Şti.’s (“Samuklar”), which previously worked as the dealer of Brisa Bridgestone Sabancı Lastik San. ve Tic. (...)

The EU Court of Justice prohibits selective distributors from selling luxury products on third-party online platforms (Coty Germany / Parfümerie Akzente)
Kyriakides Georgopoulos Law Firm (Athens)
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Kyriakides Georgopoulos Law Firm (Athens)
On 6 December 2017, the Court of Justice of the European Union handed down its Judgment on the awaited Coty Germany v Akzente case. The case concerned whether a supplier of luxury cosmetics, operating a selective distribution system for its products, may validly prohibit its authorized (...)

The Higher Regional Court of Naumburg decides on the compliance of post-contractual non-compete obligations under antitrust rules (Hubarbeitsmaschinen)
Commeo (Frankfurt)
The Higher Regional Court of Naumburg (“the Court”) deals in its decision of 18 July 2013 inter alia with the question whether post-contractual non-compete obligations are still in compliance with antitrust rules in case their duration exceeds five years. The Court came to the conclusion that a (...)

The Dusseldorf Higher Regional Court dismisses repair shop action over the right to be admitted to a car manufacturer’s authorised repair network (MAN)
Van Bael & Bellis (Brussels)
On 21 December 2011, the Düsseldorf Higher Regional Court (the Court), sitting as the court of last instance, decided an important case concerning the right of a manufacturer of passenger vehicles to refuse to appoint a repairer applying to be admitted to its authorised repair network. The (...)

The Hertogenbosch District Court enjoins a leading company of the food sector from extending its preferred display marketing strategy in Dutch petrol stations (Mars)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 29 July 2011, the ‘s-Hertogenbosch District Court issued an injunction against the confectionary company Mars ordering it to cease the further implementation of a marketing strategy relating to the preferred display of its products. In particular, this strategy consists of a programme of (...)

The Turkish Competition Authority evaluates allegations against luxury car manufacturers for refusing to provide spare parts (Fer Mas Oto Ticaret / Ferrari / Maserati / Aston Martin / Porsche)
Erdem & Erdem (Istanbul)
The Competition Board («Board») evaluated the complaints against Fer Mas raised by a private service alleging that Fer Mas infringed effective competition by refusing to provide the requested spare parts. I. The parties and the allegations The complainant is a private service company providing (...)

The Turkish Competition Authority revokes the block exemption granted to distribution contracts in the non-alcoholic beverages sector (Coca-Cola)
Erdem & Erdem (Istanbul)
By its decision dated 10 September 2007, the Turkish Competition Board (hereinafter referred as “CB”) revoked the block exemption granted to distribution contracts of Coca-Cola Turkey (hereinafter referred as “CCI”) in take-home and on-premise channels in relation to the carbonated soft drinks (...)

The Zwolle-Lelystad Dutch Court declares a selective distribution agreement contrary to article 81.1 EC and therefore void in the heart rate monitor sales market (Polar / Walstock)
European Commission - DG HR (Brussels)
Polar is a producer of a range of heart rate monitors and had, for many years, in accordance with an oral distribution agreement, been supplying Walstock, a retailer of sport products. Polar decided, however, to change its distribution policy by distinguishing several range of heart rate (...)

The UK High Court gives important guidelines as to the standard of proof for claiming damages in competition cases (Arkin)
Reed Smith (London)
Arkin v. Borchard Lines Ltd., [2003] All E.R. (D) 173, [2003] EWHC 687 (Comm) (10 April 2003), is important as one of the first damages claims brought in a United Kingdom court for breach of Articles 81 and 82 of the Rome Treaty involving private enforcement of competition law. It was decided (...)

The EU Commission closes probe into computers manufacturer’s licensing terms for speech recognition engines (IBM)
DG COMP (Brussels)
"Commission closes probe into IBM’s licensing terms for speech recognition engines"* In June 2002, the European Commission decided to close an investigation triggered by a complaint from UK voice recognition software company, AllVoice Computing plc, against IBM Corp., after the latter agreed to (...)

Mergers

The Indian Government exempts oil and gas state-owned enterprises from merger control
Facebook (New Delhi)
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Chandhiok & Associates (New Delhi)
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Chandhiok & Associates (New Delhi)
On 22 November 2017, the Government of India issued a notification exempting Central Public Sector Enterprises (CPSEs) operating in the Oil and Gas Sectors (O&G Exemption), from a mandatory pre-merger approval requirement under the Competition Act, 2002 (Competition Act) for a period of (...)

The Indian Government revises the method of calculation of thresholds for merger control and extends target exemption to mergers and amalgamations
Vaish Associates Advocates (New Delhi)
Central government revises method of calculation of thresholds for merger control and extends target exemption to mergers and amalgamations* The Ministry of Corporate Affairs, through a Gazette notification dated March 27, 2017 has modified the method of calculation of assets and turnover for (...)

The EU Commission conditionally approves a merger in the shipping industry (TUI / CP Ships)
JG Associates (Brussels)
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DG COMP (Brussels)
"Mergers — Main developments between 1 January and 30 April 2006"* On 24 August the TUI company notified its intention to acquire the Canadian shipping company CP Ships. TUI owns the Hapag-Lloyd shipping company. Both CP Ships and Hapag-Lloyd are active in container liner shipping. After the (...)

The EU Commission clears an acquisition creating the world’s largest shipping company (PONL / Maersk)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Mergers — Main developments between 1 May and 31 August 2005"* The European Commission cleared under the EU Merger Regulation the proposed acquisition of the shipping company Royal P&O Nedlloyd (PONL) by AP Moller-Maersk A/S (Maersk). The Commission’s clearance was conditional upon the (...)

State Aid

The UK Government launches a consultation on a domestic regime for subsidy control following the conclusion of the Trade and Cooperation Agreement with the EU
Van Bael & Bellis (London)
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Van Bael & Bellis (London)
On 3 February 2021, the UK Government started a consultation process regarding the UK’s future subsidy regime, which will be entirely separate from the existing EU state aid framework. Following the conclusion of the UK-EU Trade and Cooperation Agreement (the “TCA”) and the end of the Brexit (...)

The EU Commission prolongs State aid rules and adopts targeted adjustments to mitigate the impact of COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission prolongs EU State aid rules and adopts targeted adjustments to mitigate impact of coronavirus outbreak* The European Commission has prolonged the validity of certain State aid rules which would otherwise expire at the end of 2020. In this context, and to take the effects (...)

The EU Commission prolongs EU State aid rules and adopts targeted adjustments to mitigate the impact of the COVID-19 outbreak Free
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 2 July 2020, the European Commission (the “Commission”) announced the prolongation of several existing State aid rules which would have otherwise expired at the end of 2020, with the purpose of mitigating the impact of the coronavirus outbreak on companies. In particular: The following texts (...)

The EU Commission adopts a third amendment to the State aid temporary framework Free
Kirkland & Ellis (London)
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Kirkland & Ellis (London)
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Kirkland & Ellis (London)
The EC’s third amendment to the State aid Temporary Framework* On 29 June 2020, the European Commission (“EC”) adopted a third amendment to the Temporary Framework of 19 March 2020 (“Temporary Framework”) to extend the options available to Member State governments seeking to support their economies (...)

The EU Commission invites comments on an updated proposal on simplified rules for State aid combined with EU support, inspired by temporary rules for aid to tackle the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission invites comments on updated proposal on simplified rules for State aid combined with EU support* The European Commission is inviting Member States and other stakeholders to comment on its updated proposal to exempt from prior Commission scrutiny under EU State aid rules (...)

The EU Commissioner Vestager announces a draft proposal for a State aid Temporary Framework to support the economy in the context of the COVID-19 outbreak Free
Shearman & Sterling (London)
Member States of the EU and the U.K. are announcing massive support packages for companies affected by the coronavirus crisis. These interventions are on a vast scale. Unlike the 2008 financial crisis, the measures we are seeing this week are predominately fiscal rather than monetary policy (...)

The EU Commission approves the first COVID-19 related State aid notification submitted by Denmark within 24 hours of the notification to compensate damages caused by cancellations of large public events Free
White & Case (Brussels)
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White & Case (Brussels)
,
White & Case (Brussels)
As the number of businesses around the EU affected by the COVID-19 outbreak grows, many Member States are considering or have announced substantial supporting packages in an effort to limit the impact of the outbreak on the economy. Across the EU, measures vary, from governmental loans and (...)

The EU Court of Justice provides guidance on the duty of recovery in case of non-compliance with block exemption regulation (Eesti Pagar)
Van Bael & Bellis (Brussels)
On 5 March 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on a request for preliminary ruling by the Court of Appeal of Tallinn, Estonia, concerning a dispute on certain State aid granted by the Estonian authorities to Eesti Pagar, an Estonian bakery founded in (...)

The EU Commission plans to extend for two years the seven sets of State aid rules expiring in 2020 and launches an evaluation of those rules
DG COMP (Brussels)
State aid: Commission to prolong EU State aid rules and launch evaluation* The European Commission plans to prolong for two years seven sets of State aid rules, otherwise expiring in 2020. The Commission has also launched today an evaluation of those rules and of other State aid rules to (...)

The EU Court of Justice rules that a Member State could not request reimbursement of an aid that had been granted to an undertaking in compliance with the General Block Exemption Regulation (Nerea)
Jones Day (Brussels)
In Short The Situation: On July 6, 2017, the European Court of Justice ruled that a Member State could not request reimbursement of aid that had been granted to an undertaking in compliance with the General Block Exemption Regulation solely because that undertaking later became the subject of (...)

The EU Court of Justice finds that the eligibility of a State aid applicant and the legality of the aid are determined at the point when the aid is granted (Nerea)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission finds that Danish support for local sports associations is not State aid and that if it were, it would be compatible according to the General Block Exemption Regulation
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission approves as compatible with the internal market an R&D measure in the air sector notified by France and Germany, after finding it complies with the RDI framework
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission finds that a direct grant of regional investment aid given to a German textile company was made in accordance with the Regional Block Exemption Regulation (Getzner Textil Weberei GmbH)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice finds that an aid scheme that omits express reference to the General Block Exemption Regulation cannot be considered to fulfill the conditions for exemption from notification set out in the Regulation (Dilly’s Wellnesshotel)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission finds that a German local infrastructure renewal scheme does not constitute State aid (Village renewal and infrastructure projects in rural areas)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

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

The EU Commission closes an investigation and shows that less ex-ante control will be followed by more ex-post control of State aid schemes
College of Europe (Bruges)
The Perils of Ex Post Monitoring* Greater use of the new General Block Exemption Regulation means fewer State aid measures subject to notification and ex ante assessment by the Commission. However, less ex ante control will be followed by more ex post control. Member States should be prepared (...)

The EU Commission finds State aid in the form of subordinated loans to SMEs to be compatible with the internal market (Saxony)
College of Europe (Bruges)
Loans for SMEs* Low-interest loans may be used to support investments. The granting of de minimis aid through loans is possible only if loans are secured against collateral. The 2008 Commission Communication on interest rates does not apply to subordinated, non-collateralised loans. (...)

The EU Commission reminds Member States of mistakes they can avoid when they compensate operators on whom they impose public service obligations (Dublin Bus / Irish Bus)
College of Europe (Bruges)
Public Service Obligations: A Few More Mistakes that Can Be Avoided* Even efficient companies will fail the 4th Altmark criterion if their costs are not proven to be comparable to those of a typical and well-equipped undertaking. Public funding of infrastructure is not State aid to users only (...)

The EU Commission accepts a nuclear power station funding scheme after getting the State to renegotiate the terms of the contract (Hinkley Point C)
University of Sussex (Brighton)
State Aid for Nuclear Power: No Thanks! Maybe? Yes Please!* The Commission’s decision on the Hinkley Point C nuclear power station of 8th October 2014 and what this might mean for the approach to nuclear energy... In 2014, the European Commission adopted new Guidelines on State aid for (...)

The EU Commission applies for the first time the General Block Exemption Regulation to sports infrastructures and holds that their public funding may constitute State aid (Kristall Bäder)
College of Europe (Bruges)
The First Application of the New GBER to Sport Infrastructure* Public funding of local sport infrastructure may constitute State aid. The granting of a concession contract for the construction and/or operation of the infrastructure may not exclude State aid for the concessionaire. Measures (...)

The EU Commission adopts a legislative package on services of general economic interest which simplifies the procedure of automatic exemption to a larger number of services
McDermott Will & Emery (Paris)
EUROPEAN COMMISSION ADOPTS NEW STATE AID RULES ON SERVICES OF GENERAL ECONOMIC INTEREST * On December 20, 2011, the European Commission adopted a new legislative package on the application of State aid rules on services to public services – known as Services of General Economic Interest (SGEI). (...)

The EU General Court dismisses an appeal lodged by Germany against the Commission’s decision ordering Germany to provide information about a State aid scheme that fell within the scope of Regulation 70/2001, which provides an exemption from notification for certain aid for SMEs (Germany)
Van Bael & Bellis (Brussels)
On 25 November 2009, the Court of First Instance (now the General Court (the “GC”)) dismissed an appeal lodged by Germany against the decision of the European Commission ordering Germany to provide information about a State aid scheme that fell within the scope of Regulation 70/2001, which (...)

The EU Commission issues a communication on criteria for the compatibility analysis of training State aid cases subject to individual notification
European Commission Representation in Spain
"State aid for training: criteria for compatibility analysis in notifiable cases"* I. Background Training usually has a positive impact on society as a whole because it increases the pool of skilled workers from which firms can draw. So it improves the competitiveness of the economy and (...)

The EU Commission adopts two guidance papers setting out criteria for the in-depth assessment of large amounts of training aid and of aid to disadvantaged and disabled workers
DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2009"* On 3 June 2009, as a part of its efforts to clarify and simplify state aid rules, the Commission adopted two guidance papers setting out criteria for the in-depth assessment of large amounts of training aid and of aid to (...)

The EU Commission authorises €800 million of public funding for a comprehensive support programme aimed at the Spanish textile and clothing sector
DG COMP (Brussels)
"State aid: main developments between 1 January and 30 April 2009"* On 24 March 2009, the Commission authorised €800 million of public funding for a comprehensive support programme aimed at the Spanish textile and clothing sector. The programme comprises measures to promote technical research, (...)

The EU Commission publishes an autumn update to the State aid scoreboard
Van Bael & Bellis (Brussels)
On 17 November 2008, the Commission published the autumn update of its State aid Scoreboard. The update indicates that the objective of better targeted aid is well on track given that 80% of the total amount of aid is nowadays granted to horizontal objectives, compared to 50% in the middle of (...)

The EU Commission adopts General Block Exemption Regulation on State aid
DG COMP (Brussels)
"The General Block Exemption Regulation (GBER): bigger, simpler and more economic"* I. Introduction One of the main objectives of the reform of state aid policy, as set out in the ‘State Aid Action Plan’ (SAAP) adopted by the Commission in 2005, is to create a simple, user-friendly and coherent (...)

The Brescia Court of First Instance rules that the company beneficiary of State aid has to carry out a previous due diligence process to determine the compatibility with the criteria of a block exemption regulation (Brandt Italia)
Eujus (Rome)
Factual background Brandt Italia S.p.A. objected to two different tax bills and summoned INPS-SCCI and the company responsible for the tax collection to the Court of first instance of Brescia. The related proceedings were joined and consequently the Court took a single decision. Brandt Italia, (...)

The EU Commission adopts General Block Exemption Regulation for State aid
Van Bael & Bellis (Brussels)
On 7 July 2008, the Commission adopted the General Block Exemption Regulation (hereinafter ‘the GBER’) for State aid, which aims at simplifying the rules applying to those aid measures that can be considered to fulfil the conditions of compatibility outlined in Article 87(3) EC. The new GBER (...)

The EU Commission adopts State aid guidelines for environmental protection
DG COMP (Brussels)
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DG COMP (Brussels)
"Helping to combat climate change: new State aid guidelines for environmental protection"* In a bid to meet the ambitious environmental targets the EU has set itself in its quest to combat climate change, on 23 January 2008, the Commission tabled a series of legislative proposals for policy (...)

The EU Commission takes a negative decision concerning a State aid scheme ruling that the provisions exceed the scope of the regulation on the application of Articles 87 and 88 to small and medium-sized enterprises (Land of Saxony)
DG COMP (Brussels)
"A scheme of the Land of Saxony in favour of small and medium enterprises: a clarification on the application of the block exemption regulation"* On 24 September 2002 the Commission took a final negative decision concerning a scheme of the Land of Saxony as far as the provisions exceed the (...)

The EU Commission adopts SME guidelines for State aid
DG COMP (Brussels)
"The Commission Adopts New SME Guidelines"* The Community guidelines on state aid to small and medium-sized enterprises (SMEs), adopted by the Commission in 1992 (OJ C 213 of 19.8.1992) provide that before the end of the three-year period following their publication the Commission will review (...)

The EU Commission adopts de minimis rule for State aid
DG COMP (Brussels)
"The Commission Adopts New "De Minimis" Rule"* In 1992 the Commission set out its policy on state aid for small and medium-sized enterprises (SMEs) in Community guidelines (OJ C 213 of 19.8.1992). In an effort to reduce the administrative burden on the Member States and on the Commission (...)

Procedures

The EU Court of Justice hands down an anticipated judgment in the luxury goods sector regarding the possibility to restrict sales on third party online platforms that are outside of the selective distribution network (Coty Germany / Parfümerie Akzente)
Van Bael & Bellis (Brussels)
On 6 December 2017, the Court of Justice of the European Union (the ECJ or the Court) handed down its eagerly anticipated judgment in Coty (C-230/16). In general, the ECJ closely follows the opinion of Advocate General Wahl (AG Wahl), published on 26 July 2016, in essentially holding that: the (...)

The EU Court of Justice finds that a luxury goods supplier may prevent its authorized retailers from using third-party platforms to sell its products to preserve the products’ luxury image (Coty Germany / Parfümerie Akzente)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
On 6 December 2017, the Court of Justice of European Union (CJEU) issued its long-awaited Judgment in Coty Germany GmbH v Parfümerie Akzente GmbH. Taking an approach similar to that adopted by Advocate General (AG) Wahl in his Opinion in July, the CJEU found that a supplier of luxury goods may (...)

The Paris Court of Appeal dismisses an action from a cosmetics manufacturer against a decision of the French Competition Authority that sanctioned it for prohibiting its authorised distributors from Internet sales (Pierre Fabre)
Kalliopé Société d’Avocats (Paris)
On 31 January 2013, the Paris Court of Appeal ("the Court") dismissed an action by Pierre Fabre Dermo-Cosmétique SAS ("Pierre Fabre") against a decision of the French Competition Authority ("the FCA") dated 29 October 2008 ("the Decision") ordering Pierre Fabre to amend its selective (...)

The Chinese State Administration of Industry and Commerce makes another attempt to define anticompetitive exercise of intellectual property rights
University of International Business & Economics (Beijing)
In mid-August, 2012, the Chinese State Administration of Industry & Commerce (SAIC) released a Draft Guide on Anti-Monopoly Law Enforcement in the Field of Intellectual Property Rights in a conference open to media and public. That was the fifth draft in a series, and a newstep after three (...)

The Croatian High Administrative Court rules on the compatibility of a selective distribution network in the automobile sector with the block exemption regulation (Sanabilis Citroen)
University of Macau - Faculty of Law (Macau)
On 22 February 2012 the High Administrative Court (VUS) upheld the decision of the Croatian Competition Authority (AZTN), which found no anti-competitive practices in the distribution of Citroen automobiles in Croatia. The exclusive importer of Citroen automobiles in Croatia Citroen Hrvatska (...)

The German Federal Court of Justice dismisses an action brought by a repair shop to be admitted to the authorised repair network of a commercial vehicle manufacturer based on an alleged abuse of dominance (MAN-Vertragswerkstatt)
Van Bael & Bellis (Brussels)
In a recent judgment delivered on 30 March 2011, the German Federal Court of Justice dismissed the action brought by a vehicle repairer to be admitted to the authorised repair network of MAN, a commercial vehicle manufacturer, based on the claim that MAN was abusing its dominant position as (...)

The French Civil Supreme Court refers a question to the Court of Justice for a preliminary ruling on the required criteria for quantitative selective distribution (Auto 24 / Jaguar Land Rover)
Vogel & Vogel (Paris)
The question of the criteria required for quantitative selective distribution continues to create intense debate in the case law in France. There are two opposing schools of opinion on the question both from legal commentators and in the case law: The first school argues that the European (...)

The EU Parliament adopts resolution on the Commission’s 2009 competition policy report and identifies areas for further action, including fining policy, State aid, and class damages for breaches of EU competition law
Court of First Instance of Namur (Namur)
On 20 January 2011, the European Parliament adopted a resolution on the European Commission’s 2009 Report on Competition Policy, i.e. a report published by the Commission in June 2010 which provides an overview of the main competition policy developments and enforcement actions taken during (...)

The EU Commission publishes its 2009 annual report on competition policy
Court of First Instance of Namur (Namur)
On 3 June 2010, the European Commission published its 2009 annual report on competition policy. This yearly report gives an overview of the main developments in EU competition policy and major enforcement actions. The 2009 report also dedicates a chapter to considering how the tools of (...)

The Swedish Government publishes a new Competition Act which further harmonises with EU competition rules and introduces a number of new features to enhance cartel enforcement
Delphi (Stockholm)
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Stockholm University
A new Swedish Competition Act entered into force on 1 November 2008. The new legislation means further harmonisation with EC competition rules and it also introduces a number of new features in order to enhance cartel enforcement. One of the new features is the introduction of disqualification (...)

The EU Commission publishes its 2008 annual report on competition policy
Court of First Instance of Namur (Namur)
On 23 July 2009, the Commission published its 2008 Annual Report on Competition Policy. This yearly Report provides an overview of the Commission’s work on competition enforcement and policy in the areas of antitrust, merger control and State aid. This year’s Report has been drafted in the (...)

The Cypriot Parliament passes new competition legislation
Antoniou McCollum & Co. (Nicosia)
The Protection of Competition Law 13(I) of 2008 was published in the Official Gazette of the Republic of Cyprus on April 18, 2008, date upon which it entered into force. It repeals all previous relevant Laws, namely Laws 207/1989, 111/1999, 87(I)/2000 and 155(I)/2000, thus becoming the main (...)

The Paris Court of Appeal receives the first application ever from the EU Commission acting as amicus curiae on the basis of Reg. N°1/2003 in the automobile sector (Garage Gremeau / Daimler Chrysler)
Kramer Levin Naftalis & Frankel (Paris)
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Eversheds Sutherland (Paris)
,
Johnson & Johnson (Issy-les-Moulineaux)
Facts and proceedings Garage Gremeau had been entrusted by Daimler Chrysler France with the distribution of Mercedes Benz motor vehicles in the Dijon area (Burgundy) since 1982. On the basis of the new Commission Regulation (EC) n° 1400/2002, of 31 July 2002, on the application of Article (...)

The Estonian Parliament enacts the new national competition act
EFTA Surveillance Authority (Brussels)
Introduction The primary rules of Estonian competition law are enacted in the Estonian Competition Act (hereinafter: ECA), in force from October 1, 2001. The current ECA is the third in a row. The very first Competition Act stepped into force on October 10, 1993 and the second on October 1, (...)

The Versailles Court of Appeal concludes that the motor vehicle block exemption regulation EC N° 1400/2002 amounts to a substantial change in the legal environment of car manufacturers justifying a complete reorganisation of distribution networks (Daimler-Chrysler/SO.PA.VI.A)
Freshfields Bruckhaus Deringer (Paris)
,
Johnson & Johnson (Issy-les-Moulineaux)
SO.PA.VI.A had been entrusted by Daimler Chrysler France with the exclusive distribution of new motor vehicles of the Mercedes Benz trademark in the Pau/Tarbes area (i. e. south-west of France), pursuant to an agreement of 25 September 1996 complying with the previous block exemption regulation (...)

The German Federal Court of Justice holds that the EC motor vehicles block exemption does not create any obligation to admit a plaintiff as an authorized repairer (Qualitative Selektion)
Fresenius Medical Care (Frankfurt)
Background The defendant, a manufacturer of motor vehicles, terminated its service agreement with the plaintiff, an authorized provider of repair and maintenance services, by contractual notice effective June 30, 2002. The defendant intended to change its criteria for selecting authorized (...)

The Leeuwarden Dutch Court of Appeal refuses to grant the benefit of the EC vertical restraint block exemption Regulation to a selective distribution system in the bicycle sales market (Batavus)
European Commission - DG HR (Brussels)
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Government of Albania (Tirana)
Batavus B.V., a bicycle producer, had, for thirty years, a commercial relationship with a retailer, the respondent in the present case, which sold Batavus’ brand bikes. In 2001, Batavus ceased to supply this retailer, which then turned to alternative Batavus dealers in order to obtain supplies. (...)

The German Federal Court of Justice finds that an obligation in the form of an "endeavour" to purchase a certain number of cars is not block exempted under the old EC Regulation 1475/95 (Bezugsbindung)
Hengeler Mueller (Dusseldorf)
I. Facts of the case Renault Germany AG as the sole national sales company for Renault brand in Germany sells its motor vehicles through a selective distribution system in which authorized "A-dealers" enter into a dealership agreement with Renault Germany. On a second distribution level (...)

The Czech Parliament implements EC. Reg. N° 1/2003 into the legal system opening the way to modernisation and harmonization of competition law
University of Paris I Panthéon-Sorbonne (Paris)
The new principles of the Community law contained in Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEU L 1, 4 January 2003, p. 1-25), were introduced in the Czech law by Act n° 340/2004 (...)

The Spanish Supreme Court holds that a single-branding agreement is null and void pursuant to Art. 81.2 EC thus applying EC competition law for the first time (Rafael / DISA and Prodalca España)
London School of Economics (London)
In February 1990 D. Rafael and DISA concluded a contract concerning the operation of a petrol station on premises owned by the latter and let to the former. DISA was obliged by virtue of the single-branding agreement to provide D. Rafael with petrol and other products, such as lubricants. As (...)

The EU Commission adopts a new regulation on notification of transport cases
DG COMP (Brussels)
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DG COMP (Brussels)
"New procedures for anti-trust cases: hearings, and notification of transport cases"* Background One of the underlying objectives of the current legislative activities of the Commission is to modernise, simplify and make more user-friendly the procedures under which competition cases are (...)

The EU Court of Justice issues preliminary ruling in case from the UK High Court on the use of allegations of breach of competition law in order to avoid honouring obligations under a commercial contract (Sunag)
Reed Smith (London)
This was a commercial private arbitration case which ended up before the English High Court, Queen Bench Division (Case C-339/95), and was referred to the European Court of Justice for a preliminary ruling. A unanimous arbitration award to enforce the agreement was appealed in the commercial (...)

Overview on Turkish Competition Law
Erdem & Erdem (Istanbul)
Sources Constitution of the Republic of Turkey Act on the Protection of Competition, adopted on December 7th,1994 ; Official Gazette of December 13th, 1994, n° 22140 Grounds for the Act on the Protection of Competition Turkish Competition Authority (Rekabet Kuruma) Competition Authority’s (...)

Regulatory

The EU Commission launches a public consultation as part of the ongoing review of the vertical block exemption regulation
Van Bael & Bellis (Brussels)
On 18 December 2020, the Commission launched a public consultation as part of the ongoing review of the Vertical Block Exemption Regulation (“VBER”) and its accompanying Vertical Guidelines. Based on the recently completed evaluation, the Commission concluded that, while the rules are still (...)

The EU Commission publishes consultation on vertical block exemption regulation policy options
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 18 December 2020 the Commission published a further consultation on its proposals for a revised vertical agreements block exemption Regulation (VBER) and guidelines. The Commission’s steps to date, and conclusions of its evaluation phase, are set out in our HSF Notes post from 17 September (...)

The Australian Competition Authority announces its first-class exemption ever aimed at fuel retailers to collectively negotiate with wholesalers
Australian Competition and Consumer Commission (Canberra)
Class exemption will enable small businesses to collectively bargain* An ACCC class exemption due to commence in early 2021 will allow small businesses, franchisees and fuel retailers to collectively negotiate with their suppliers and processors, franchisor or fuel wholesaler respectively, (...)

The EU Commission adopts measures aimed at mitigating the effects of COVID-19 in the agri-food sector Free
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
In response to the ongoing COVID-19 pandemic, the European Commission (“EC”) is taking steps to stabilise the most affected sectors of the economy. As part of its efforts, the EC has announced its support for the agricultural and food sectors which are severely affected by the pandemic. This (...)

The EU Commission issues three implementing regulations temporarily relaxing the scope of competition law rules in three agricultural sectors affected by the COVID-19 pandemic Free
Court of First Instance of Namur (Namur)
On 30 April 2020, the European Commission (the “Commission”) issued three implementing regulations temporarily relaxing the scope of competition law rules in three agricultural sectors severely affected by the COVID-19 pandemic. By way of context, Regulation (EU) No 1308/2013 of 17 December 2013 (...)

The EU Commission grants a temporary derogation for the rules in key parts of the food sector during the COVID-19 crisis Free
William Fry (Dublin)
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William Fry (Dublin)
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William Fry (Dublin)
COVID-19 and the Food Sector - Temporary Derogations from Competition Law Rules* The severe economic impact of the COVID-19 pandemic has resulted in a temporary relaxation of EU competition law rules in key parts of the food sector. The European Commission (Commission) has granted a temporary (...)

The EU Commission publishes a final regulation that extends the validity of the block exemption for liner shipping
Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
On 24 March 2020, the European Commission published a final Regulation extending the EU Consortia Block Exemption Regulation (CBER) until 25 April 2024, without modification. This Regulation outlines the conditions under which liner shipping consortia can provide joint services without (...)

The Norwegian Government grants the transportation sector a 3-month temporary exception from the Competition Act as a special measure due to COVID-19 Free
Norwegian Competition Authority
Transportation sector is granted temporary exception from the Competition Act* Following the corona epidemic, the Norwegian government has as of today granted the transportation sector a three months temporary exception from the prohibition against anticompetitive agreements and practices in (...)

The UK Competition Authority publishes its guidance on its functions under the withdrawal agreement setting out the regulator’s approach during the Brexit transition period
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 (Brussels)
The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during the Brexit transition period that will run until at least through December (...)

The UK Competition Authority publishes guidance on how Brexit will affect its powers and processes for antitrust enforcement and merger control during the transition period
Baker McKenzie (London)
THE PRACTICAL ANTITRUST IMPLICATIONS OF TOMORROW: BREXIT DAY* As you are aware, the UK will be leaving the EU this Friday 31 January (Exit Day). The CMA has published guidance on how Brexit affects the CMA’s powers and processes for antitrust enforcement and merger control during the Transition (...)

The EU Commission Vice-President Margrethe Vestager backs her candidacy after a three-and-a-half-hour hearing in which she fielded questions on her plans to carry out her double role as the Commission’s Executive Vice-president and Competition Chief
Bird & Bird (Brussels)
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Bird & Bird (Belgium)
Five years after winning the support of the European Parliament to become EU Competition Commissioner in the Juncker Commission, the Danish liberal politician Margrethe Vestager has done it again. MEPs backed her candidacy after a three-and-a-half hour hearing on 8th October during which she (...)

The Australian Federal Parliament removes the exception in the national Competition Law Act in relation to intellectual property rights
Ashurst (Melbourne)
The federal Parliament has removed the exception in the Competition and Consumer Act 2010 (Cth) (CCA) in relation to intellectual property rights. These dealings are now subject to the prohibitions against cartel conduct and anti-competitive conduct. The repeal applies to dealings entered into (...)

The EU Commission conducts a public consultation evaluating the vertical block exemption regulation and the accompanying guidelines on vertical restraints
Bird & Bird (Brussels)
Between February and May 2019, the European Commission ("Commission") conducted a public consultation evaluating the Vertical Block Exemption Regulation ("VBER") and the accompanying Guidelines on Vertical Restraints ("VGL"). Stakeholders were invited to evaluate the effectiveness, efficiency, (...)

The Indian Government exempts all central public sector enterprises in the oil and gas sector from pre-merger scrutiny by the Competition Authority
Vaish Associates Advocates (New Delhi)
Central Govt. further dilutes competitive neutrality: exempts Oil and Gas PSU’s from Merger Control by CCI* In continuation of its slew of exemptions, the Government of India, Ministry of Corporate Affairs (MCA) , vide its recent Gazette notification dated November 22, 2017 has exempted all (...)

The Indian Government exempts nationalized banks from the merger control regime by the Indian Competition Authority for 10 years
Vaish Associates Advocates (New Delhi)
Nationalized Banks Exempted From CCI Approval for Mergers* The Ministry of Corporate Affairs (“MCA”) has exempted Nationalized Banks from the applicability of the merger control regime under the Act. The MCA vide a notification dated August 30, 2017 , stipulates that in exercise of the powers (...)

The Indian Government exempts regional rural banks from the merger control regime by the Competition Authority for 5 years
Vaish Associates Advocates (New Delhi)
Regional Rural Banks mergers gets exemption from CCI* The Ministry of Corporate Affairs (MCA) has exempted Regional Rural Banks (RRBs) from the applicability of the merger control regime. The MCA vide a notification dated August 10, 2017 (Notification), stipulates that Sections 5 and 6 of the (...)

The Indian Government exempts certain smaller mergers from the 30-day filing deadline and eliminates the penalties for "delayed filings"
Vaish Associates Advocates (New Delhi)
Indian Merger Control-exemption from 30 day filing deadline to CCI- Will it lead to reduction in “Gun jumping” cases?* Much has been written about the recent exemption granted by the Government of India, Ministry of Corporate Affairs vide Notification dated 29 June, 2017 (‘Notification’) (...)

The Indian Competition Authority amends its 2011 Combination Regulations to simplify the compliance and the filings
Vaish Associates Advocates (New Delhi)
CCI further amends Combination Regulations* The Competition Commission of India (‘CCI’) vide a Notification (published in the Gazette of India) on February 23, 2012, published the "The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) (...)

The French Competition Authority issues an opinion on the possible implementation of a single price system for digital books
French Competition Authority (Paris)
Digital books: the Autorité de la concurrence believes that observing this market, still in its infancy, is a necessary prerequisite.* The Minister for Culture and Communication has sought an opinion from the Autorité de la concurrence relative to various measures leading to the implementation (...)

The EU Commission releases its final report on business insurance sector inquiry
Linklaters (London)
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Covington & Burling (Brussels)
The European Commission (the " Commission") yesterday released its final report into the provision of insurance products and services to businesses in the EU (the " Report"). The Business Insurance Sector Inquiry (the " Inquiry") was launched in June 2005 in parallel with the Retail Banking (...)

The EU publishes its final report on the effectiveness of competition in the commercial insurance sector
Winston & Strawn (London)
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Akin Gump Strauss Hauer & Feld (Washington)
On 25 September 2007 the European Commission (“Commission”) published its final Report on the effectiveness of competition in commercial insurance in the EU . The Report follows the publication of an interim report at the beginning of 2007, and a substantial two-year investigation during which (...)

The EU Commission settles case with Norwegian gas producers in the context of liberalization of EU gas markets (GFU)
European Anti-Fraud Office - OLAF (Brussels)
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Eurojobsites (Brussels)
"Liberalisation of European Gas Markets - Commission settles GFU case with Norwegian gas producers"* 1. Introduction The European Commission has recently intensified its efforts to liberalise European gas markets. Whilst originally only internal market rules were used to push for market (...)

The EU Commission adopts a regulation extending two-block exemptions in the air transport sector
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
"Extension of Block Exemptions in the Air Transport Sector"* On 29 June 2001 the Commission adopted Regulation 1324/2001 extending two block exemptions in the air transport sector. The new Regulation amends the existing air transport block exemption Regulation, Commission Regulation 1617/93. (...)

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