Cartel settlements

Anticompetitive practices

The French Competition Authority fines 12 manufacturers for cartel in the ham and cold meat sector (Charcuterie cartel)
French Competition Authority (Paris)
The Autorité hands out fines worth 93 million euros to a cartel in the ham and cold meats (charcuterie) sector* The manufactures involved (“cold meat manufacturers”) worked in concert in order to purchase cuts of ham from slaughterhouses at lower prices and/or were fixing the price increases for (...)

The EU Commission fines ethylene purchasers €260 million in cartel settlement for colluding to buy at the lowest possible price (Orbia / Clariant / Celanese / Westlake)
DG COMP (Brussels)
Antitrust: Commission fines ethylene purchasers € 260 million in cartel settlement* The European Commission has fined Orbia, Clariant and Celanese a total of € 260 million for breaching EU antitrust rules. Westlake was not fined as it revealed the cartel to the Commission. The companies took (...)

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

The Latvian Competition Authority develops a self-assessment tool for entrepreneurs for mitigation of cartel risks
Konkurences padome (Riga)
The CC develops a self-assessment tool for entrepreneurs for mitigation of cartel risks* The Competition Council of Latvia (the CC) has prepared a self-assessment tool for entrepreneurs, so that they could verify in an easy manner, whether they have not engaged in a prohibited agreement with (...)

The Belgian Competition Authority adopts new leniency guidelines
Van Bael & Bellis (Brussels)
On 22 May 2020, new Leniency Guidelines (the “2020 Guidelines”) adopted by the Belgian Competition Authority (the “BCA”) were published in the Belgian Official Journal. The 2020 Guidelines replace the 2016 Leniency Guidelines and lay down the conditions to obtain total or partial immunity from (...)

The EU Court of Justice partially annuls the General Court power cables cartel decision and reduces the fine imposed by €200,000 (Verwaltungs)
Van Bael & Bellis (Brussels)
On 14 May 2020, the Court of Justice of the European Union (the “Court of Justice”) partly set aside a judgment of the General Court dismissing the action brought by NKT Verwaltungs GmbH (formerly nkt cables GmbH) and NKT A/S (formerly NKT Holding A/S) (together, “NKT”) in the Power Cables cartel (...)

The US DoJ charges leading cancer treatment center with conspiring to allocate medical and radiation oncology treatments for cancer patients in Southwest Florida and enters a deferred prosecution agreement for the remainder of the cartel investigation (Florida Cancer Specialists & Research Institute)
US Department of Justice - Antitrust Division (Washington)
Leading Cancer Treatment Center Admits to Antitrust Crime and Agrees to Pay $100 Million Criminal Penalty* Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group headquartered in Fort Myers, Florida, was charged with conspiring to allocate medical and radiation (...)

The Hong Kong Competition Authority welcomes first judgment on pecuniary penalties in Hong Kong competition law regime (On Tat Estate Cartel)
Hong Kong Competition Commission
Competition Commission welcomes first judgment on pecuniary penalties in Hong Kong competition law regime* The Competition Commission (Commission) welcomes the judgment (Judgment) handed down by the Competition Tribunal (Tribunal) today (29 April) on pecuniary penalties against ten respondent (...)

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

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

The French Competition Authority imposes fines totalling €462,000 on five moving companies operating in the French overseas territories for colluding in the provision of moving services to the French Army (AGS Réunion / Océan Indien / DEM Austral Transdem / T2M)
Van Bael & Bellis (Brussels)
On 23 March 2020, the French Competition Authority (“FCA”) imposed fines totalling € 462,000 on five moving companies operating in the French overseas territory of Réunion for having colluded in the provision of moving services to the French army between Réunion and the French mainland. The (...)

The Hong Kong Competition Authority takes textbook cartel case to Competition Tribunal for price fixing during the COVID-19 pandemic (T.H. Lee Book Company / Commercial Press / Sino United Publishing / Mr. Hui) Free
Hong Kong Competition Commission
The Competition Commission (“Commission”) has today commenced proceedings in the Competition Tribunal (“Tribunal”) against three companies, namely T.H. Lee Book Company Limited, Commercial Press (Hong Kong) Limited and Sino United Publishing (Holdings) Limited (“Companies”); and an individual Mr. (...)

The Mexican Competition Authority issues its new regulatory provisions of the leniency and immunity program
Mexican Competition Authority (Mexico City)
COFECE issues Regulatory Provisions of the Leniency and Immunity Program* The Regulatory Provisions are legally binding and aimed at providing tat providing greater legal certainty on procedures related to the Leniency and Immunity Program Mexico City, March 4, 2020.- The Mexican Federal (...)

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

The UK Competition Appeals Tribunal rules on which part of the EU Commission’s settlement decision is binding on a defendant and that it is an abuse of process for defendants to deny in follow-on damage claim findings that are contained in settlements (DAF Trucks)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an abuse (...)

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

The Dutch Competition Authority opens investigation into possible buyer cartel involving reusable waste products and conducts dawn raids in the sector (Waste buyers cartel)
Netherlands Authority for Consumers & Markets (The Hague)
ACM conducts investigation into possible buyer cartel involving reusable waste products* The Netherlands Authority for Consumers and Markets (ACM) is conducting an investigation into a possible buyer cartel involving certain reusable waste products. As part of this investigation, ACM conducted (...)

The Dutch Trade and Industry Appeals Tribunal confirms that a company on which no fine is imposed could still be able to appeal the infringement decision in cases that it is held jointly and severally liable for the cartel infringement of its wholly-owned subsidiary (College van Beroep)
Bird & Bird (The Hague)
On 18 February 2020 the Dutch Trade and Industry Appeals Tribunal (“CBb”) ruled that a company may still have an interest in bringing proceedings against a cartel infringement decision even if no fine is imposed on it and even if it is not the direct addressee of the infringement decision. In the (...)

The Spanish Competition Authority dismantles a cartel affecting the supply of radars to the national meteorological agency (AEMET)
Van Bael & Bellis (Brussels)
On 13 February 2020, the Spanish Competition Authority (“CNMC”) imposed fines totalling € 610,000 on three companies involved in cartelising the market for the supply of radars to the Spanish national meteorological agency (“AEMET”) between autumn 2014 and the end of 2018. The investigation was (...)

The Spanish Competition Authority fines an electric company for organising bid rigging cartel in the market for supply and maintenance of weather radars (AEMET)
Ashurst (Madrid)
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Ashurst (Madrid)
The Spanish Competition Authority ("CNMC") has fined Schneider Electric Spain ("Schneider"), Adasa Sistemas ("Adasa") and DTN Services and Systems Spain ("DTN") a total of EUR 610,000 for organising a bid rigging cartel in the market for the supply and maintenance of weather radars tendered by (...)

The Mexican Competition Authority imposes fines totaling €1.1 million on members of the same economic interest group in a cartel investigation in Mexico’s public health sector (Productos Galeno / Holiday de Mexico)
Ritch Mueller (Mexico City)
On January 30th, 2020, in the context of case file DE-020-2014, the plenary session of the Mexican Federal Competition Commission (’Cofece’) has imposed fines totaling MXN$28,790,000 (approximately, €1.1 million) to Productos Galeno and Holiday de Mexico, as well as to two individuals who acted on (...)

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

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

The French Competition Authority creates a guide for small and medium-sized enterprises (SME)
French Competition Authority (Paris)
The Autorité de la concurrence creates a guide for SMEs* The Autorité wishes to develop, as part of a preventive approach, the knowledge of competition law held by all companies, in order for them to avoid breaching the law and for them to be able to use the tools of competition law to fight (...)

The Italian Competition Authority sanctions telecommunication operators for their participation in a cartel (Assotelecomunicazioni / Fastweb / Telecom Italia / Vodafone...)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 7 February 2018, the Italian Competition Authority (“ICA”) initiated an investigation against the major fixed and mobile operators (TIM S.p.A, Vodafone Italia S.p.A, Fastweb S.p.A and Wind Tre S.p.A). The investigation was aimed at verifying whether the companies had coordinated their (...)

The German Federal Court of Justice provides guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases (Schienenkartell II)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Berlin)
In its judgment of 28 January 2020, the Cartel Senate of the German Federal Court of Justice provided new guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases. In the initial proceedings, the plaintiff, a local transport company, sought (...)

The Italian Council of State confirms the annulment of a €140 million fine imposed by the Competition Authority to steel companies, as they did not form a cartel in the reinforcing steel bar and electro-welded mesh markets (Reinforcing Steel Bars / Tondini per Cemento Armato)
Chiomenti (Milano)
On 21 January 2020, the Italian Council of State confirmed the annulment of a 140 million EUR fine imposed in 2017 by the Italian Competition Authority (“ICA”) to some of the main Italian steel companies. Indeed, the ICA – by Decision of 19 July 2017 (the “Decision”) issued in the proceedings I742 (...)

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

The Italian Council of State reverses a banking cartel decision on account of the negligible competition impact (Raiffeisen)
Desogus Law Office (Cagliari)
Determining the appeal claims lodged in the Raiffeisen case, the highest administrative court or Council of State (hereinafter the Court) has reversed a previous infringement decision made by the Italian Competition Authority (ICA). The Court found that the contested restrictive business (...)

The German Competition Authority fines seven wholesalers of plant protection products and their responsible employees for agreeing on price lists, discounts and some individual sales prices (AGRAVIS Raiffeisen / AGRO Agrargroßhandel / BayWa / Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / Kassel / ZG Raiffeisen)
German Competition Authority (Bonn)
Wholesalers of plant protection products fined for anti-competitive agreements on price lists, discounts and individual prices* Bonn, 13 January 2020: The Bundeskartellamt has imposed fines totalling 154.6 million euros on seven wholesalers of plant protection products and their responsible (...)

The German Competition Authority imposes fines totalling €154.6 million on plant protection product suppliers for agreeing on price lists, rebates and retail prices (Agravis / Agro Agrargroßhandel / BayWa / BSL Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / ZG Raiffeisen)
Van Bael & Bellis (Brussels)
On 13 January 2020, the German Federal Cartel Office (FCO) imposed fines totalling € 154.6 million on seven undertakings for agreeing on price lists, rebates and retail prices for plant protection products between 1998 and 2015. Fines were also imposed on employees implicated in the infringing (...)

The Belgian Court of Appeal upholds the Competition Authority’s decision for imposing a fine over the exclusion of a company from the pharmaceutical sector (Order of Pharmacists)
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
In a judgment dated 8 January 2020, the Court of Appeal upheld the decision of the Belgian Competition Authority ("BCA") in which it imposed a fine on the Order of Pharmacists for excluding Medi-Market from the market for pharmacy services (see July edition of Competitive Edge). The Court, (...)

The Hungarian Competition Authority fines €4.8 million undertakings for sharing EU-funded public procurement tenders for diagnostic imaging equipment (GE Hungary / Premier G / Euromedic Technology)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (’’GVH’’) fined several undertakings which were found to have shared amongst themselves the EU-funded public procurement tenders for diagnostic imaging (MRI, CT and X-ray) equipment in Hungary in 2015. The total fine amounts to EUR 4.8 million, with GE Hungary (...)

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

The German Competition Authority fines steel manufacturers for collusion and exchange of sensitive information (ThyssenKrupp)
Van Bael & Bellis (Brussels)
According to a press release of the German Federal Cartel Office (“FCO”) dated 12 December 2019, the FCO fined steel manufacturers ThyssenKrupp, Ilsenburger Grobblech and Voestalpine Grobblech, as well as three individuals, a total amount of approximately € 646 million for exchanging sensitive (...)

The EU Court of Justice rules that a public body indirectly affected by a cartel can claim compensation for losses resulting from an antitrust infringement (Otis)
Van Bael & Bellis (Brussels)
On 12 December 2019, the Court of Justice of the European Union (“ECJ”) delivered a judgment on a request for a preliminary ruling from the Austrian Supreme Court (C-435/18, Otis and Others v. Land Oberösterreich and Others). The request was made in the context of a compensation claim brought by (...)

The German Competition Authority fines €646 million three companies and three persons for agreeing and exchanging certain supplements and surcharges for quarto plates (Ilsenburger / Thyssenkrupp Steel / Voestalpine)
Fieldfisher (Düsseldorf)
Steel manufacturers fined record €646 million for agreeing surcharges and exchanging information* The Federal Cartel Office (FCO) has fined three companies and three persons a total of approximately €646 million. The companies agreed and exchanged certain supplements and surcharges for so-called (...)

The Italian Competition Authority launches an investigation in the battery lead recovery sector
Italian Competition Authority (Rome)
I838 - Antitrust: investigation launched into an anti-competitive arrangement in the battery lead recovery sector* On 3 December 2019, the Italian Competition Authority opened an investigation against COBAT RIPA, COBAT, Fiamm Energy Technology S.p.A., Clarios Italia S.r.l., Eco-bat S.r.l., (...)

The Mexican Competition Authority closes probe for possible collusion in the market for watt-hour meters and emphasises opportunities for improvement in the public procurement processes
Mexican Competition Authority (Mexico City)
COFECE CLOSES PROBE FOR POSSIBLE COLLUSION IN MARKET FOR WATT- HOUR METERS AND EMPHASIZES OPPORTUNITIES FOR IMPROVEMENT IN PUBLIC PROCUREMENT PROCESSES* The Federal Economic Competition Commission’s (COFECE or Commission) Board of Commissioners resolved to decree the closure of the (...)

The EU Court of Justice dismisses appeals brought by three manufacturers of power cables in a cartel case (Verwaltungs)
Van Bael & Bellis (Brussels)
The Court of Justice of the European Union (the “Court of Justice”) dismissed in their entirety the appeals brought by LS Cable, Brugg Kabel and VISCAS (together with its parent company Furukawa), three manufacturers of power cables, against the judgment of the General Court which had upheld the (...)

The Dutch Highest Administrative Court issues its final judgement in the flour cartel case (Flour Cartel)
Bird & Bird (The Hague)
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Bird & Bird (Amsterdam)
On 28 November 2019 the highest administrative court in The Netherlands (het College van Beroep voor het bedrijfsleven, "CBb") issued its final judgment in the flour cartel case. CBb has previously on 19 March 2019 issued an interlocutory ruling in this case. The Dutch competition authority (...)

The EU Court of Justice dismisses an appel in a cartel of power cable, confirming no infringement of the claimant’s rights of defence (Brugg / LS Cable)
Ashurst (Brussels)
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Ashurst (London)
On 28 November 2019, the European Court of Justice ("ECJ") handed down judgments in three appeals against General Court judgments that had dismissed actions challenging the European Commission’s ("Commission") power cables cartel decision. Leniency applicant ABB’s appeal was partially upheld, (...)

The Danish Supreme Court renders a judgement on the legality of consortium agreements and repeals a decision between two companies regarding their joint bid on a public tender for road marking work (LFK / Eurostar)
Gorrissen Federspiel (Copenhagen)
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Gorrissen Federspiel (Copenhagen)
The legality of consortium agreements under competition law has been widely debated in recent years. On 27 November 2019 the Supreme Court rendered a much-anticipated judgment on this subject. The court repealed a Maritime and Commercial High Court decision from 2018 in a case concerning a (...)

The Dutch Court of Appeal in Arnhem-Leeuwarden finds a subsidiary liable for cartel damage caused by its minority shareholder that had or could have a decisive influence over it (GIS Cartel)
Maastricht University
In a decision of 26 November 2019, the Court of Appeal Arnhem-Leeuwarden deduced from the Court of Justice’s decision in Skanska that the EU concept undertaking is to be used to determine the entity which is required to provide compensation for damage caused by an infringement of Article 101 (...)

The Dutch Court of Appeal in Arnhem-Leeuwarden applies a rationale of the EU Court of Justice and finds subsidiary liable for damages resulting from an EU competition law infringement committed by its parent whilst engaging in a cartel (GIS Cartel)
Leiden University - Faculty of Governance and Global Affairs
Introduction In its interim judgement of 26 November 2019 (‘interim judgement’) the Dutch Court of Appeal Arnhem-Le euwarden (‘Court of Appeal’) applied the rationale of the Court of Justice of the European Union (‘CJEU’) in Skanska to rule that Cogelex (a subsidiary) and Alstom Holdings (its parent (...)

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

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

The China State Administration for Market Regulation publishes a draft to incentivise whistle blowing and reward measures for complaints against significant illegal conduct in the regulation field
Hogan Lovells (Beijing)
COMPETITION LAW WHISTLE-BLOWING TO PAY OFF IN CHINA ?* As the number of leniency applications is down globally and competition authorities are struggling to find alternative sources of supply for antitrust complaints, China has circulated a draft rule to financially incentivise employee (...)

The French Competition Authority carries out unannounced inspections in the port service activities sector in the Mayotte island
French Competition Authority (Paris)
Dawn raids in Mayotte* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the port service activities sector in the Longoni port (Mayotte island). Following authorisation from the liberty and custody judge, the investigation (...)

The EU General Court reduces the fine imposed on a company involved in a car battery recycling cartel (Campine)
Van Bael & Bellis (Brussels)
On 7 November 2019, the General Court (“GC”) ruled on an appeal lodged by Campine Recycling NV (“Campine”) against the Commission’s decision fining Campine € 8,158,000 for its involvement in the Car Battery Recycling cartel. In its decision, the Commission found that Campine had agreed with others to (...)

The EU Commission opens an investigation into a possible collusion by two French retailers in a purchasing alliance (Casino Guichard-Perrachon / Les Mousquetaires)
DG COMP (Brussels)
Antitrust: Commission opens investigation into possible collusion by two French retailers in a purchasing alliance* The European Commission has opened a formal antitrust investigation to assess whether two French groups of retailers, Casino Guichard-Perrachon (known as ‘Casino’) and Les (...)

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

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

The French Competition Authority imposes a € 3.8 million fine on a transport association for market sharing (Astre)
Van Bael & Bellis (Brussels)
On 28 October 2019, the French Competition Authority (“FCA”) imposed a fine of € 3.8 million on ASTRE, an association of small and medium-sized transport companies, for having introduced in 1997 a non-competition clause into its internal rules of procedure, its articles of association and its (...)

The UK Competition Authority fines three construction companies for price-fixing, market sharing and exchange of information (Stanton Bonna Concrete / CPM / FP McCann)
United Kingdom’s Competition Authority - CMA (London)
Construction firms fined £36 million for breaking competition law* The CMA has issued 3 firms with fines totalling more than £36 million for breaking competition law in supplying certain concrete drainage products for building projects. Following an investigation by the Competition and Markets (...)

The Mexican Competition Authority presents criminal complaint against individuals who could have colluded in the sale of goods and services in the health sector
Mexican Competition Authority (Mexico City)
For the second time, COFECE presents criminal complaint against individuals that could have colluded in the sale of goods and services in the health sector* Mexico City, October 23, 2019.‐ Yesterday, the Federal Economic Competition Commission’s (COFECE or Commission) Investigative Authority (...)

The Belgian Competition Authority carries out an unannounced inspection in the pharmaceutical sector
Belgian Competition Authority (Brussels)
The Belgian Competition Authority is conducting inspections in the pharmaceutical sector* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) is currently conducting inspections at the premises of companies suspected of having implemented restrictive practices (...)

The Spanish Competition and Markets Authority fines companies for participating in a cartel in the industrial assembly and maintenance sector (Montaje Y Mantenimiento Industrial)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
The CNMC has dismantled a cartel in the industrial assembly and maintenance sector. According to the CNMC, the practices in question were conducted with the aim of increasing prices in the services provided, mainly, to energy and petrochemical clients. The cartel members engaged in client (...)

The EU Commission fines canned vegetables cartelists an amount totalling €31.6 million (Coroos / CECAB)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
Canned vegetables companies Coroos, Groupe CECAB and Bonduelle have been found to have participated in a cartel in the supply of canned vegetables to retailers and food service companies in the European Economic Area (“EEA”). In particular, the Commission’s investigation showed that the (...)

The Serbian Competition Authority issues its first decision granting an immunity from a fine of €500,000 to a cartel participant based on a leniency application (Konica Minolta distributors)
Schoenherr (Belgrade)
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Schoenherr (Belgrade)
Almost 10 years after the introduction of the leniency programme in Serbia, the Commission for Protection of Competition (’Commission’) adopted on 27 of September 2019 the first decision granting immunity from a fine to a cartel participant. This decision brings to life the 2009 statutory (...)

The EU General Court reaffirms the Commission’s duty to provide sufficient reasons when explaining fine calculations in cartel cases (HSBC)
Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
On 24 September 2019, the EU General Court (GC) handed down its judgment in HSBC v. Commission. Consistent with recent precedent, the GC reaffirmed the European Commission (“Commission”)’s duty to provide sufficient reasons when explaining fine calculations in cartel cases and annulled the fine (...)

The Delhi High Court dismisses a writ petition challenging demand notices issues by the Competition Authority relating to the interest payment of the penalties imposed (United India Insurance)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The Delhi High Court dismissed a writ petition filed by United India Insurance Company challenging demand notices issued by the CCI requiring payment of interest on penalties imposed by the CCI which were the subject of a stay order by the Competition Appellate Tribunal (COMPAT) hearing an (...)

The Danish Competition Authority informs that demolition companies and its management members payed fines after they entered into settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime (G. Tscherning / Villy C. Petersen / Brandis)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Demolitions companies and management members pay fines in settlement agreements for bid rigging* Three demolition companies and three management members have entered into settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime for infringing (...)

The Swiss Competition Commission fines a manufacturer of sport products for vertical price fixing with dealers (Stöckli)
Lenz & Staehelin (Zurich)
Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit after ComCo (...)

The Portuguese Competition Authority imposes the highest fines ever applied for a cartel in the financial sector (Lusitania / Zurich)
Portuguese Competition Authority (Lisbon)
The first cartel sanctioned by the AdC in the Portuguese financial sector has the highest fines ever applied* The AdC applied a fine totalling more than €54 million on insurance companies, board members and directors involved in the “insurer cartel”. The proceedings is now concluded with the (...)

The Portuguese Competition Authority imposes record fine of € 54 million for a cartel in the markets for insuring workplace accidents, health, and cars (Lusitania / Zürich)
Van Bael & Bellis (Brussels)
On 1 August 2019, the Portuguese competition authority (Autoridade da Concorrência, “AdC”) published a press release in which it announced that it had imposed total fines of € 42 million on two insurance companies (Lusitania and Zürich), two board members and two directors for, inter alia, (...)

The Australian Parliament passes a repeal of subsection 51(3) of the Competition and Consumer Act 2010
Jones Day (Sydney)
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Jones Day (Sydney)
Both houses of the Australian Parliament have passed a repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) ("CCA"). Following the repeal, owners of intellectual property rights in Australia must comply with certain competition rules from which they previously enjoyed an (...)

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

The Mexican Competition Authority fines tortilla-producing associations for price-fixing and market sharing (Unión Palenque / Unión Flor de Maíz / Asociación de la Industriade la Masa)
Mexican Competition Authority (Mexico City)
COFECE sanctions 5 natural persons and 3 tortilla-producing associations for price fixing and the segmentation of the corn tortilla market in the municipality of Palenque, in the state of Chiapas* • The sanctioned economic agents fixed prices per kilogram of tortilla in a range of 10 to 17 (...)

The Spanish Competition Authority publishes a new ruling on the dairy sector cartel and imposes fines on companies and two trade associations amounting to €80.6 million (Industrias Làcteas 2)
CMS Albiñana y Suárez de Lezo (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
On 26 February 2015, the Spanish Competition Authority (“CNMC”) handed nine companies and two trade associations that operated in the dairy sector fines of EUR 88 million. These fines were annulled by the Spanish High Court in October/November 2018 after the Spanish Supreme Court declared that a (...)

The EU Court of Justice reaffirms the General Court’s decision to annul the fines imposed by the Commission in the Yen Interest Rate Derivatives cartel case (Icap)
Van Bael & Bellis (Brussels)
On 10 July 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on an appeal lodged by the European Commission (the “Commission”) against the judgment of the General Court (the “GC”) that had annulled the fines imposed by the Commission on ICAP in the Yen Interest Rate (...)

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

The EU Commission re-adopts its decision for the third time and imposes fines totalling more than €16 million on steel producers (Steel bar cartel)
Van Bael & Bellis (Brussels)
On 4 July 2019, the European Commission (the “Commission”) adopted for the third time a cartel decision in which it imposed total fines of more than € 16 million on five Italian manufacturers of reinforcing steel bars for concrete, namely AlfaAcciai, Feralpi Holding, Ferriere Nord, Partecipazioni (...)

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

The Canadian Competition Bureau announces that ticket vendors will pay $4 million penalty to settle drip pricing advertising case (Ticketmaster)
Steve Szentesi Law Corporation (Vancouver)
TICKETMASTER ENTITIES AGREE TO $4 MILLION PENALTY TO SETTLE DRIP PRICING ADVERTISING CASE On June 27, 2019, the Competition Bureau (Bureau) announced that Ticketmaster L.L.C., TNow Entertainment Group, Inc. and Ticketmaster Canada LP have agreed to pay a $4 million penalty and $500,000 of the (...)

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

The Lithuanian Competition Council fines competitors for tender allocation (Pasvalio melioracija / Jadrana / Panevėžio melioracija / Biržų ranga)
Walless (Lithuania)
On 26 of June 2019, the Competition Council of the Republic of Lithuania issued a decision finding that four competitors shared markets and agreed on prices in 25 public tenders for street and road repair and land melioration works organized by three municipalities in Lithuania from 2012 to (...)

The Rotterdam District Court annuls a fine imposed by the Dutch Competition Authority on a manufacturer of batteries for forklift trucks for its involvement in a cartel (Midac)
Van Bael & Bellis (Brussels)
On 20 June 2019, the Rotterdam District Court (“Court”) annulled a fine of € 583,000 imposed by the Dutch Authority for Consumers and Markets (“Autoriteit Consument & Markt” or “ACM”) on Midac, a manufacturer of batteries for forklift trucks, for its involvement in a cartel. The Court held that (...)

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

The Mexican Competition Authority fines toothbrush suppliers for bid rigging in public health sector (Galeno / Dentilab / Holiday)
Mexican Competition Authority (Mexico City)
COFECE sanctions toothbrush suppliers for bid rigging in public health sector tenders* • The sanctioned companies coordinated and rigged bids in public tenders, or abstained from participating, to divide amongst them the market of toothbrushes for adults and infants procured by the health (...)

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

The Czech Competition Authority confirms fines imposed for bid-rigging to window producers (DAFE-PLAST Jihlava / OFS 2000 / SULKO)
Czech Competition Authority (Brno)
FINES FOR BID RIGGING CARTEL OF WINDOW PRODUCERS WERE CONFIRMED* The above mentioned undertakings infringed national competition rules by coordinating their participation and bids regarding the public contract for the change of doors and windows on premises of the Ministry of Education, Youth (...)

The Mexican Competition Authority notifies economic agents of their probable responsibility for collusion in the pharmaceutical market following an investigation in the health sector
Mexican Competition Authority (Mexico City)
COFECE notifies economic agents of a statement of probable responsibility for collusion in the market for pharmaceuticals* • The Investigative Authority concluded their probe and issued a statement indicating probable collusion. • The notification of a statement of probable responsibility (...)

The Belgian Competition Authority fines up to €1 million an undertaking for implementing restrictive practices aimed at hindering the development on the market for pharmacists services other undertakings (Orde der apothekers)
Belgian Competition Authority (Brussels)
The Competition College of the Belgian Competition Authority condemns “l’Ordre des pharmaciens – Orde der apothekers” for having tried to hinder the development of the MediCare-Market group and imposes a fine of 1 million euros* The Competition College of the Belgian Competition Authority (BCA) (...)

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

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

The EU Commission imposes fines totalling over € 1 billion on banks for their involvement in two separate cartels in the spot foreign exchange markets (Barclays / RBS / Citigroup / JPMorgan / MUFG)
Van Bael & Bellis (Brussels)
On 16 May 2019, the European Commission adopted two decisions under its cartel settlement procedure, in which it imposed fines totalling € 1.07 billion on five banks for their involvement in two separate cartels on the spot foreign exchange markets for eleven currencies. The banks involved in (...)

The Hungarian Competition Authority fines solar battery producers for coordinating prices (Alter Energetikai Iroda Tudományos / Szolgáltató / Megújuló Energiapark Kutatóközpont / Új Irány Energetika / LKM.HU Service / Havrilla-Ép Építőipari Szolgáltató)
Hungarian Competition Authority (Budapest)
The GVH fines solar battery producers for cartel activity* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) established that five undertakings had infringed competition law when they shared 26 EU funded projects among themselves relating to the production of solar power (...)

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

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

The EU General Court reduces a fine totalling over €30 million imposed in a cartel case (Pometon)
Van Bael & Bellis (Brussels)
On 28 March 2019, the General Court (“GC”) delivered a judgment on an appeal lodged by Pometon against the European Commission’s (“Commission”) decision in the Steel Abrasives cartel case (Case T-433/16, Pometon SA v. Commission). In April 2014, the Commission imposed fines totalling over € 30 (...)

The Spanish Supreme Court confirms fines on company for their participation in cartel agreements and publishes the names of the individual in the fining decision (Cesar)
Cuatrecasas, Goncalves Pereira (Barcelone)
On March 28, 2019, the Spanish Supreme Court (Tribunal Supremo) issued a judgment confirming that the Spanish National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or “CNMC”) can (i) impose fines on company executives for their participation in cartel (...)

The Dutch Highest Administrative Court rules that the National Competition Authority can find private equity investors liable for cartel infringements of their portfolio companies in the food market (Flour cartel)
Bird & Bird (The Hague)
Private equity investors held liable for cartels in the Netherlands* Introduction On 19 March 2019, the highest administrative court in the Netherlands (het College van Beroep voor het bedrijfsleven, “CBb”) ruled that the Dutch Competition Authority (“the ACM”) can hold private equity investors (...)

The Spanish Competition Authority imposes fines totalling € 118 million on railway infrastructure companies for participating in a cartel (Cobra / Elecnor / Siemens / Semi / Inabensa / Alstom / Cymi / Isolux / Electre / Comsa / Indra / Neopul / Telice / Eym / Citracc)
Van Bael & Bellis (Brussels)
On 14 March 2019, the Spanish competition authority (“CNMC”) imposed fines totalling € 118 million on fifteen companies, namely Cobra, Elecnor, Siemens, Semi, Inabensa, Alstom, Cymi, Isolux, Electren, Comsa, Indra, Neopul, Telice, Eym and Citracc, for their involvement in a cartel on the market (...)

The Danish Competition Authority fines several plumbing companies and three managers for bid rigging (Christoffersen & Knudsen)
Danish Competition and Consumer Authority (Copenhagen)
Plumbing company and management members from several plumbing companies pay fines in settlements for bid rigging* The plumbing company Christoffersen & Knudsen A/S and three members from the management in this and two other plumbing companies have entered into settlements with the Danish (...)

The Jerusalem District Court sentences to imprisonment a member of a tree-pruning cartel following a joint investigation of the Competition Authority and the National Fraud Investigations Unit (Zohar Katz)
Israel Antitrust Authority (IAA)
The Jerusalem District Court sentenced a member of the tree-pruning cartel to 11 months’ imprisonment* The Jerusalem District Court (Judge A. Rubin) sentenced today (Wed.) the defendant Zohar Katz to 11 months’ imprisonment, a fine of NIS 100,000 and forfeiture of an additional sum of NIS (...)

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

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

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

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

The German Competition Authority fines eight providers of magazine lending services for concluding customer allocation agreements (Daheim / Brabandt / Dörsch / Krumbeck / Medien- Palette / Die Hanse / Hettling ́s LeseZirkel / Hettling)
German Competition Authority (Bonn)
Eight providers of magazine lending services fined on account of unlawful customer allocation agreements* The Bundeskartellamt has imposed fines amounting to approx. three million euros on eight magazine lending service providers. The companies are accused of having concluded illegal customer (...)

The Italian Competition Authority finds two anti-competitive agreements in the market for the provision of fire prevention services (Wood Firefighting Services)
Desogus Law Office (Cagliari)
In the recent Wood Fire Service case, the Italian Competition Authority (ICA) has found two anti-competitive agreements put in place by several players in the market for the provision of wood fire prevention services. The first anti-competitive agreement took the shape of a bid rigging practice (...)

The EU General Court awards damages to an envelope producer due to the EU Commission’s failure to include default interest when repaying an annulled cartel fine (Printeos)
Van Bael & Bellis (Brussels)
On 12 February 2019, the EU General Court (“GC”) awarded € 184,592.95 in damages to envelopes producer Printeos in view of the European Commission’s failure to pay default interest when repaying a cartel fine which had previously been annulled by the GC. In 2014, following a settlement procedure, (...)

The Supreme Administrative Court of Czech Republic annuls fines imposed on members of a construction cartel as the evidence was obtained through fishing expeditions (Daich / Hochtief Cz / Swietelsky / Ave Cz / Vidox / Colas Cz / Ohl Žs / Lesostavby Třeboň)
Skils (Prague)
On 30 January 2019, the Supreme Administrative Court (SAC) rejected the cassation appeal lodged by the Office for Protection of Competition (Office) against the previous Regional Court in Brno (RCB) judgment which cancelled Office’s decision fining construction companies for alleged cartel (...)

The Belgian Competition Authority adopts a settlement decision in a case concerning a practice of resale prise maintenance (HM Products Benelux)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the BCA adopts a settlement decision for imposing maximum discount levels on a network of dealers and imposes a fine amounting to 98.000 EUR* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) sanctions the company (...)

The EU Commission fines a credit card company for obstructing merchants’ access to cross-border card payment services (Mastercard II)
DG COMP (Brussels)
Antitrust: Commission fines Mastercard €570 million for obstructing merchants’ access to cross-border card payment services* The European Commission has fined the card scheme Mastercard €570 566 000 for limiting the possibility for merchants to benefit from better conditions offered by banks (...)

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

The South African Competition Tribunal dismisses a cartel complaint in the power cables market, despite settlements by other respondents (Tulisa Cables / Alvern Cables / South Ocean Electric Wire Company / Abedare Cables)
Primerio (Washington)
South Africa: Competition Tribunal dismisses cartel complaint despite settlements by other respondents* On 15 January 2019, the South African Competition Tribunal (“Tribunal”) dismissed the Competition Commission’s (“Commission”) cartel complaint against Tulisa Cables. Tulisa Cables was one of four (...)

The Indian Competition Authority fines 2 sellers of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Godrej / Boyce)
Vaish (New Delhi)
CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel* The Competition Commission of India (“CCI/ Commission”), by way of order dated 15.01.2019, has imposed a penalty of INR 85,01,364/-on Godrej and Boyce manufacturing Co. Limited (“Godrej”) for acting in (...)

The Danish City Court of Hillerød fines two members of the management of a now-dissolved demolition company for bid-rigging
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Two members of the management in now dissolved demolition company fined DKK 300.000 each in bid rigging case* The City Court of Hillerød has fined two members of the management in a now dissolved demolition company DKK 300.000 each for having participated in cartel agreements in the (...)

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

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

The Portuguese Competition Authority confirms unannounced inspections in five locations of four telecommunications operators
Portuguese Competition Authority (Lisbon)
AdC confirms dawn raids in four telecommunications operators* The Portuguese Competition Authority (AdC - Autoridade da Concorrência) confirms that it carried out dawn raids have been carried out in five locations of four telecommunication companies, following suspicions of antitrust practices (...)

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

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

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

The Hungarian Competition Authority fines four water welling companies for bid rigging (Vikuv Vízkutató és Fúró Zrt. / Aquazit Szolgáltató Kft. / Drillingwater Kft. és a Geo-Sivo Építőipari / Környezetvédelmi Tervező és Kivitelező Kft)
Hungarian Competition Authority (Budapest)
Total fine of more than 100 million forints imposed on well drilling companies for participation in a cartel* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) imposed fines amounting to a total of 105 million forints (0.33 million EUR) on four water welling companies for (...)

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

The Hellenic Competition Authority decides to settle a case against two press distribution agencies for participating in horizontal agreements or/and concerted practices (Argos / Europi)
Hellenic Competition Authority (Athens)
Settlement case in the market of distribution of Greek press* By its unanimous Decision No. 669/2018, the Grand Chamber of the Hellenic Competition Commission (“HCC”) decided to settle a case against two press distribution agencies in Greece, ARGOS SA Press Distribution Agency (“ARGOS”) and (...)

The German Federal Court of Justice decides that, in a quota-fixing and customer-assigning cartel, the prerequisites for prima facie evidence to establish whether the cartel has inflicted damage and whether it has affected individual orders are not fulfilled (Rail cartel)
Noerr (Berlin)
German Federal Court of Justice: no double prima facie evidence in cartel damages litigation* In a landmark ruling dated 11 December 2018 (KZR 26/17 – “rail cartel”), the German Federal Court of Justice decided that, in a quota-fixing and customer-assigning cartel, the prerequisites for prima (...)

The German Competition Authority fines €1.4 million asphalt producers for cartel and reviews association guidelines for setting up supplier (Gaul / Südhessische Asphalt-Mischwerke / Mitteldeutsche Hartstein-Industrie)
German Competition Authority (Bonn)
Bundeskartellamt imposes fine of approx. 1.4 million euros on asphalt producers and reviews association guidelines for setting up supplier consortia* The Bundeskartellamt has imposed a fine amounting to 1.43 million euros on Gaul GmbH, a manufacturer of asphalt mixes, for participating in a (...)

The French Competition Authority fines six household appliance manufacturers for agreeing on price increases (BSH / Candy Hoover / Eberhart Frères / Electrolux / Indesit / Whirlpool)
French Competition Authority (Paris)
The Autorité de la concurrence hands down fines worth a total of €189 million to six household appliance manufacturers, among the largest in the sector, notably for having agreed on price increases * Background Following evidence provided by the Directorate General for Competition Policy, (...)

The French Competition Authority fines household appliance manufacturers for price-fixing (BSH / Candy Hoover / Eberhardt Frères / Electrolux / Indesit / Whirlpool)
Van Bael & Bellis (Brussels)
On 6 December 2018, the French Competition Authority (“FCA”) imposed a total fine of € 189 million on six household appliance manufacturers (BSH, Candy Hoover, Eberhardt Frères, Electrolux, Indesit and Whirlpool) for participating in two distinct cartels. In the first cartel, which lasted from (...)

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

The US DoJ announces that three South Korean companies in the market of oil refiners and logistics agreed to plead guilty and to enter into a civil settlement for bid rigging (SK Energy / GS Caltex / Hanjin Transportation)
GeyerGorey (Washington)
DOD Bid Rigging Whistleblower and Related Antitrust Division Criminal Cases* Last week the Antitrust Division announced that three South Korean companies had agreed to plead guilty and to enter into civil settlements for rigging bids on United States Department of Defense Fuel Supply Contracts (...)

The US DoJ reaches settlement with six broadcast television companies and prohibits share of competitive sentitive information in the television spot advertising market (Sinclair Broadcast Group / Raycom Media / Tribune Media Company / Meredith Corporation / Griffin Communications / Dreamcatcher Broadcasting)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
THE LATEST: DOJ Reaches Settlement with Six Broadcast Television Companies* The Department of Justice (DOJ) and six broadcast television companies reached settlements last week after the DOJ claimed that the companies shared competitively sensitive information that allowed the parties to alter (...)

The French Competition Authority carries out unannounced inspections in the sectors of engineering, technology consulting, IT services and software publishing
French Competition Authority (Paris)
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out yesterday in the sectors of engineering and technology consulting, IT services and software publishing* Following authorization from the liberty and custody judge, the (...)

The Indian Competition Authority holds that information exchange is not a standalone violation of the Indian Competition Act (Flashlights cartel)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
On 6 November 2018, the Competition Commission of India (CCI) found that four manufacturers/traders of flashlights and their trade association (the Opposite Parties) were not involved in cartelisation as, despite an information exchange, there was not enough corroborating evidence to suggest a (...)

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

The Indian Competition Authority dismisses cartel allegations against taxi app drivers on the basis that they were following the algorithm pricing and not actively colluding to fix prices (Samir Agrawal / ANI Technologies / Uber India)
Vaish (New Delhi)
CCI closes allegation of cartelization between taxi aggregators* By way of an order dated November 6, 2018, the CCI dismissed allegations of concerted action against Ola and Uber Group (OPs). Allegations were levelled against the pricing algorithm adopted by the OPs which allegedly manipulated (...)

The Tyumen Regional Arbitration Court confirms the decision of the Russian Competition Authority regarding a cartel involving two manufacturers of soil heat stabilizers (Konar / Fundamentstroiarkos)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed a cartel at “Transneft” auction* Manufacturers of soil heat stabilizers agreed about auction behaviour to win contracts at the highest price The total revenues of the violators from selling the anticompetitive agreement exceeded 15 billion RUB. Tyumen OFAS proved the cartel in (...)

The EU Court of Justice decides that the three years of maximum exclusion for cartel members from public tenders starts to run with the decision of the investigating anti-trust authority (Vossloh Laeis / Stadtwerke München)
Noerr (Berlin)
Exclusion of Cartel Members from Public Tenders – ECJ to Clarify Key Issues* Sanctions for participating in cartels are manifold: fines and damages are feared foremost, followed by reputation losses. Another painful consequence is often overlooked at first glance: exclusion from public tenders (...)

The UK Competition Authority launches a new campaign "Stop Cartels" to educate businesses about anticompetitive practices and encourage leniency
Bryan Cave Leighton Paisner (London)
COMPETITION & MARKETS AUTHORITY GETS TOUGH ON CARTELS* On 22 October 2018, the UK’s Competition and Markets Authority (CMA) announced that it had launched a new “Stop Cartels” campaign to educate businesses about anti-competitive practices and encourage people to come forward if they suspect (...)

The Czech Regional Court validates the legality of two dawn raids conducted by the Competition Authority that led to the discovery of cartels (AV MEDIA)
Skils (Prague)
Regional Court in Brno (RCB) dealt with two claims by AV MEDIA, a.s. challenging dawn raids conducted by the Czech Office for Protection of Competition (Office) at its premises in March and April 2018. The RCB found both dawn raids lawful and rejected both claims. Summary of Proceedings This (...)

The German Federal Court of Justice annuls four judgments on fine calculation in the gas sector (Gas cartel case)
Van Bael & Bellis (Brussels)
On 9 October 2018, the German Federal Court of Justice annulled four judgments of the Higher Regional Court of Düsseldorf with regard to the amount of fines imposed in the liquefied gas cartel case. The Federal Court of Justice remitted the case to the lower court as regards the calculation of (...)

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

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

The UK Competition Authority issues a study into pricing algorithms in order to identify whether they could be used to support illegal practices
United Kingdom’s Competition Authority - CMA (London)
Algorithm research builds on work in digital markets* The CMA has published a study into pricing algorithms and whether they could be used to support illegal practices. The research increases the CMA’s expertise at a time of widespread scrutiny of pricing algorithms and how they interact with (...)

The South African Competition Tribunal rejects a tender collusion allegation on the basis that the tender was a sham (Geometry / Vaxiprox)
Anheuser-Busch InBev (Leuven)
The Competition Commission of South Africa (the Commission) sought an order from the Competition Tribunal of South Africa (the Tribunal) declaring that two brand activation companies (Geometry Global (Pty) Ltd (Geometry) and Vaxiprox (Pty) Ltd (Vaxiprox)) had colluded on a tender issued by a (...)

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

The EU Court of Justice refers a case back to the EU General Court to reconsider the possibility of mitigating circumstances on the fine calculation (Infineon)
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
CJEU REFERS SMART CARD CHIPS CARTEL CASE BACK TO GCEU, DISMISSES PHILIPS APPEAL On 26 September 2018, the CJEU considered that the GCEU had not taken into account certain possibly mitigating circumstances—namely the relatively small number of Infineon’s unlawful contacts with other cartel (...)

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

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

The Indian Competition Authority fines manufacturer associations for bid rigging in public procurement program for ethanol, ignoring market economics (ISMA Indian Sugar Mills Association / EMAI Ethanol Manufactures Association of India)
Vaish (New Delhi)
CCI imposes penalty on Sugar mill manufacturers and Trade Associations (ISMA and EMAI) for collusive bidding in Government tender under the Ethanol Blending Programme* The Competition Commission of India (CCI/Commission) vide order dated September 18, 2018 has imposed heavy monetary penalties (...)

The Portuguese Competition Authority sends a statement of objections to five railway maintenance companies and their directors and managers for alleged involvement in a cartel (Construções e Técnicas Ferroviárias / Indústrias Ferroviárias / Engenharia e Construção / Sociedade de Estudos e Construções / Engenharia e Obras Ferroviárias)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to 5 companies and 6 directors and managers for cartel in railway maintenance companies* The Portuguese Competition Authority (Autoridade da Concorrência - AdC) issued a Statement of Objections to railway maintenance companies of Mota-Engil, Comsa, Somague, (...)

The French Supreme Court uses the EU Court of Justice framework to overturn a judgment issued in a cartel of endives producers (Endive cartel)
Niddam-Drouas Avocats (Paris)
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Niddam-Drouas Avocats (Paris)
In the endive cartel case, the French Supreme Court (Cour de casssation) judgement issued 12 September 2018 analyses the relationship between competition law and EU agricultural rules. In its decision following a preliminary ruling issued by the European Court of Justice (ECJ), the Supreme (...)

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

The Hungarian Competition Authority reduces fines of companies sanctioned for bid-rigging in the radiology IT products market (GE Hungary / Silver Woo)
Hungarian Competition Authority (Budapest)
Substantial reduction of fine thanks to cooperation of the parties* The Hungarian Competition Authority (Gazdasági Versenyhivatal, hereinafter GVH) found that GE Hungary Kft. and Silver Wood – IT Kft. had committed a competition law infringement in the course of purchasing the radiology IT (...)

The Indian Competition Authority fines seller of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Geep Industries India)
Vaish (New Delhi)
Competition Commission of India (CCI) imposes penalty on Geep Industries for being a member of bilateral “ancillary” cartel* By way of order dated August 30, 2018, the CCI imposed a penalty of INR 9,64 06,682 (Nine crores sixty-four lakh six thousand six hundred and eight two) on Geep Industries (...)

The Portuguese Competition Authority sends a statement of objection to five insurance companies and their directors and managers for participating in a cartel (Fidelidade / Multicare / Seguros de Saúde / Seguradoras Unidas / Zurich Insurance)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to 5 insurance companies and 14 directors and managers for participating in a cartel * The Portuguese Competition Authority (Autoridade da Concorrência - AdC) issued a Statement of Objections to the insurance companies Fidelidade – Companhia de Seguros, (...)

The Italian Administrative Court of First Instance rejects the appeals against the Competition Authority’s decision fining a cartel in the cement sector
Studio Legale Scoccini E Associati (Rome)
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Studio Legale Scoccini E Associati (Rome)
With a series of decisions published between 12/06/2018 and 30/07/2018, the Regional Administrative Court of Lazio, which is the first instance court for the appeal against the decisions of the Italian Competition Authority, rejected all the appeals against the decision ascertaining a cartel in (...)

The Indian Competition Authority finds no cartelization or abuse of dominance but does find refusals to deal in the market for broadcasting of TV channels (Noida Software Technology Park / Star India / Sony Pictures Network India)
Vaish (New Delhi)
Background The given case involved an information filed by Noida Software Technology Park Ltd (“Noida/Informant”) alleging (i) Cartelization (ii) Refusal to deal (constructive and outright) and (iii) Abuse of dominant position by Star India Pvt Ltd (“Star India”) and Sony Pictures Network India (...)

The French Competition Authority fines wholesale distributors of veterinary medicinal products and their professional association for anticompetitive practices (Alcyon / Coveto / Centravet)
French Competition Authority (Paris)
Distribution of veterinary medicinal products* The Autorité de la concurrence fines wholesale distributors of veterinary medicinal products and their professional association nearly 16 million euros for anticompetitive practices The Autorité de la concurrence, which began proceedings ex officio (...)

The Indian Company Law Appellate Tribunal (NCLAT) upholds the Indian Competition Authority’s record fine imposed in the cement cartel case (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish (New Delhi)
NCLAT upholds the highest penalty imposed by CCI on cement cartel* The National Company Law Appellate Tribunal (NCLAT) by way of a judgement dated 25 July 2018 has upheld the penalty imposed by the Competition Commission of India (CCI) on 11 cement companies for cartelization. The CCI in its (...)

The Moscow Arbitration Appeal Court confirms the decision of the Russian Competition Authority concerning a cartel on the market of civilian filtering gas masks
Russian Federal Antimonopoly Service (Moscow)
Appeal Court supported FAS in a case against a 20-member cartel* The total fines imposed upon manufacturers and suppliers of civilian gas masks exceeded 75 million RUB The 9th Arbitration Appeal Court in Moscow reversed the ruling of the Court of First Instance and agreed with FAS arguments. (...)

The Paris Court of Appeal confirms the decision of the French Competition Authority but reduces fines in the parcel delivery services cartel case (Parcel delivery services cartel)
Van Bael & Bellis (Brussels)
On 19 July 2018, the Paris Court of Appeal (the “Court”) delivered a judgment in connection with the parcel delivery services cartel case (see VBB on Competition Law, Volume 2016, No. 1). The Court confirmed most of the findings of the French Competition Authority (“FCA”), including that the (...)

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

The Russian Competition Authority exposes the first cartel in Dagestan in the medicine sector (Medpharmasnab / RegionPharma / Dagmedtechnika / Globalmedtech)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed the first cartel in Dagestan* A group of FAS specialists arrived to Dagestan on invitation of Acting Head of Dagestan, Vladimir Vasiliev To pursue the National Competition Development Plan approved by No. 618 Order of the President of Russia on 21.12.2017, FAS jointly with (...)

The EU General Court annuls a fine imposed by the Commission on cartellists in the sea shrimp sector due to lack of reasoning (Stührk Delikatessen)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
In this difficult case, the EC had to reduce the fines calculated for each of the cartel participants so as to remain within the unalterable limit of 10 per cent of total worldwide group turnover. The EC claimed that it had sought to treat the various cartel participants equally in making the (...)

The German Competition Authority fines several steel companies for price-fixing and exchanging information (ArcelorMittal Commercial Long / Cologne / Dörrenberg Edelstahl / Engelskirchen Kind & Co. / Edelstahlwerke / Wiehl / Saarstahl / Völklingen / Schmidt + Clemens / Lindlar and Zapp Precision Metals / Schwerte)
German Competition Authority (Bonn)
Bundeskartellamt imposes first fines totalling approx. 205 million euros on special steel companies* The Bundeskartellamt has imposed fines totalling approx. 205 million euros on six special steel companies, a trade association and ten individuals for concluding price-fixing agreements and (...)

The EU General Court hands down a judgment confirming a growing trend towards a broad application of parental liability (Goldman Sachs / EU Commission)
Simmons & Simmons (London)
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Simmons & Simmons (London)
Infringement On 12 July 2018, the General Court (the GC) upheld an infringement decision of the European Commission (the Commission) made on 02 April 2014, in which the Goldman Sachs Group Inc (GS) was found jointly and severally liable with its indirect subsidiary Prysmian for violating (...)

The EU General Court dismisses appeals against a decision of the EU Commission brought by producers of underground and submarine high voltage power cables (Power Cables cartel)
Van Bael & Bellis (Brussels)
Cartel, judicial review, evidence, conterfactuel, parent On 12 July 2018, the General Court (“GC”) delivered fourteen judgments dismissing all of the appeals brought by the companies involved in the Power Cables cartel case. By way of background, in 2014, the European Commission adopted a (...)

The Indian Competition Authority dismisses cartel allegations against 37 suppliers of signaling cables to national railways (North Western Railway / Rajasthan Transformers and Switchgears)
Vaish (New Delhi)
CCI closes allegation of cartel against 37 suppliers of signaling cables to Indian Railways* The Competition Commission of India (CCI/Commission ) by way of an order dated 12 July 2018 rejected the findings of the Director General (DG) and closed the case against 37 signaling cable (...)

The EU General Court affirms the Commission’s finding that financial investors have parental liability for the acts of an indirect subsidiary involved in the power cables cartel (Goldman Sachs / EU Commission)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
On 12 July 2018, by its judgment in Case T-419/14 The Goldman Sachs Group v Commission, the GCEU entirely dismissed the appeal brought by The Goldman Sachs Group, Inc., against an EC decision in Case AT. 39610 Power Cables, fining Goldman Sachs EUR 37.303 million for its parental liability (...)

The EU General Court holds that institutional investors can face parental liability for infringement of EU competition law (Power Cables cartel)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
On 12 July 2018, the EU’s General Court handed down 12 judgments relating to the power cables case. Among these was a judgment which confirmed that a parent company able to exercise all the voting rights in a subsidiary is presumed liable for any infringement of the EU competition rules by that (...)

The Indian Competition Authority decides its fourth leniency and fines broadcasting service providers for bid-rigging in tenders floated by sports broadcasters (Essel Shyam Communication / Globecast India / Globecast Asia)
Vaish (New Delhi)
CCI decides its fourth leniency, imposes penalty on broadcasting service providers for bid-rigging in tenders floated by Sports Broadcasters* By way of an order dated 11 July 2018, the Competition Commission of India (CCI) imposed a penalty of INR 22.36 Crore on Essel Shyam Communication (...)

The EU Commission invites stakeholders to comment on draft guidelines to help national courts estimate the economic harm caused by cartels
DG COMP (Brussels)
Antitrust: Commission consults stakeholders on draft guidelines to help national courts estimate the economic harm caused by cartels* The European Commission is inviting comments on draft guidelines to help national courts estimate the share of price increases caused by a cartel that are (...)

The Danish Competition Authority adopts new 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 Belgian Competition Authority carries out unannounced inspection in the immunoglobulin sector
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms the inspection in the immunoglobulin sector* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms the inspection conducted in Belgium, at the request of the Romanian Competition Council, at the premises of (...)

The Romanian Competition Authority opens an investigation in the immunoglobulin market
Romanian Competition Council (Bucharest)
Competition Council opens investigation in the immunoglobulin market* Simultaneous inspections in Romania, Belgium and Italy The Competition Council has opened an investigation regarding an alleged agreement amongst the following producers of normal human immunoglobulins, owning marketing (...)

The Russian Competition Authority fines computer suppliers for cartel (Aquarius / National Computer Corporation)
Russian Federal Antimonopoly Service (Moscow)
Fines to computer suppliers guilty of collusion* The total administrative fines exceed 179 million RUB The companies were found guilty of concluding an anticompetitive agreement that resulted in maintaining prices at an open electronic auction for supplying systems blocks of the “Elections” (...)

The Russian Competition Authority fines several companies for participating in a bid-rigging cartel on supplies of technological equipment for the Ministry of Defence (SpetsTekhMash / ProfBusiness / Stillag)
Russian Federal Antimonopoly Service (Moscow)
ST Petersburg companies are fined 200 million rub for a cartel* St Petersburg OFAS made decision with regard to “SpetsTekhMash” Trading House” Ltd., “ProfBusiness” Ltd. and two companies with the same name “Stillag” Trading House” Ltd., for participating in a bid-rigging cartel on supplies of (...)

The EU Commission opens a formal investigation to assess whether supply agreements between Qatari petrol companies and EU importers restrain competition (Qatar Petroleum)
DG COMP (Brussels)
Antitrust: Commission opens investigation into restrictions to the free flow of gas sold by Qatar Petroleum in Europe* The European Commission has opened a formal investigation to assess whether supply agreements between Qatar Petroleum companies exporting liquefied natural gas (LNG) and (...)

The Irish Court of Appeal increases criminal fine imposed on an individual director/manager for bid rigging (Aston Carpets & Flooring)
University Dublin College (UCD)
On June 20th 2018, the Irish Court of Appeal, reviewed the sentences imposed by the Central Criminal Court in 2017 on firstly, a company (Aston) and, secondly, an individual (Mr Smith) who was a director and manager of the company following their criminal convictions for having engaged in (...)

The Irish Court of Appeal increases the fine imposed by the Irish Competition Authority on a company for bid-rigging (Aston Carpets)
Matheson (Dublin)
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Matheson (Dublin)
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Matheson (Dublin)
Summary In this case update, we discuss a 2019 criminal enforcement case in Ireland brought by the Competition and Consumer Protection Commission (the “CCPC”) in conjunction with the Director of Public Prosecutions (the “DPP”), in relation to breaches of substantive competition law under the (...)

The Irish Court of Appeal increases the fine imposed by the Central Criminal Court in its first bid-rigging criminal cartel case (Aston Carpets & Flooring)
Trinity College Dublin
SENTENCING IN CRIMINAL BIG RIGGING IN IRELAND: THE COMMERCIAL FLOORING CARTEL* I. Introduction 1 On 20 June 2018 the Court of Appeal (the Court) in Ireland’s first bid rigging criminal cartel case increased the fine imposed by the Central Criminal Court (CCC) on Brendan Smith (Smith) from (...)

The French and German Competition Authorities launch a joint project on algorithms and their implications on competition
German Competition Authority (Bonn)
The French Autorité de la concurrence and the German Bundeskartellamt launch a joint project on algorithms and their implications on competition* Coming along with digitalization, algorithms are becoming more and more important and at the same time progressively sophisticated. Prominent (...)

The US District Court for the Eastern District of Pennsylvania finds that a company was not part of a conspiracy to manipulate the supply of eggs and raise prices (In re Processed Egg Prods)
Dechert (Philadelphia)
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Dechert (Philadelphia)
The case began 10 years ago when a class of companies that purchase eggs sued the country’s leading egg producers, seeking more than $1 billion in damages. The plaintiffs claimed that the egg producers conspired to manipulate the supply and raise prices for eggs. Specifically, the buyers (...)

The German Federal Court clarifies controversial judgments around the statute of limitations for cartel damages claims (Grauzementkartell II)
Hogan Lovells (Munich)
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Hogan Lovells (Munich)
I. Introduction On 12 June 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) passed its long-awaited landmark decision in KZR 56/16 (Grauzementkartell II). The BGH held that Sec. 33 (5) of the German Act against Restraints of Competition (ARC) (today Sec. 33h (6) ARC), which (...)

The German Federal Court of Justice grants a claim for damages relating to a cement cartel by extending the time period in which limitation rules can be suspended (Grauzementkartell II)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
This landmark judgment of the German Federal Court of Justice concerns an action for damages relating to the German cement cartel. However, the judgment has much wider implications and is relevant for damage claims relating to other cartel infringements. The Federal Court extended the temporal (...)

The Supreme Administrative Court of Lithuania upholds the decision of the National Competition Authority in a cinema cartel case (UAB Forum Cinemas)
Lithuanian Competition Authority (Vilnius)
Supreme Administrative Court upholds Council’s decision: Cinema cartels resulted in fewer discounts for consumers* The Supreme Administrative Court of Lithuania rejected the appeal by UAB Forum Cinemas against the Competition Council’s decision whereby the company was fined EUR 1,384,300 for (...)

The Belgian Competition Authority carries out inspections in the fire protection sector
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms the inspection in the fire protection sector* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms that the BCA is conducting an inspection at the premises of an enterprise active in the fire protection sector (...)

The Russian Competition Authority exposes a large cartel of medical products suppliers (RM Endovascula / Raymed Trading Group PVT / Slonika / Exomedic / Vascular / Balticamed / Life Medicine / Inmed)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed a large cartel of medical products suppliers* Moscow OFAS exposed a cartel formed by “RM Endovascular” Ltd., “Raymed Trading Group PVT” Ltd., “SLONIKA” Ltd., “EXOMEDIC” Ltd., “VASCULAR” Ltd., “BALTICAMED” Ltd., “LIFE MEDICINE” Ltd. and “INMED” Ltd. The companies took part in 124 auctions for (...)

The French Competition Authority fines a professional syndicate of winemakers for an anticompetitive agreement (Syndicat général des vignerons réunis des Côtes du Rhône)
French Competition Authority (Paris)
The Autorité de la concurrence fines the Syndicat général des vignerons réunis des Côtes du Rhône (the professional syndicate of Côte du Rhône winemakers) for an anticompetitive agreement* Based on a report submitted by the French Directorate General for Competition Policy, Consumer Affairs and Fraud (...)

The US DoJ indicts the CEO of a seafood company on price-fixing charges (Bumble Bee Foods)
Jones Day (San Francisco)
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Jones Day (Los Angeles)
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Jones Day (Washington DC)
The U.S. Department of Justice indicted Bumble Bee Foods CEO Christopher Lischewski on price-fixing charges. Lischewski is the first CEO to be charged for his role in the alleged U.S. conspiracy to fix the price of packaged seafood. The Northern District of California grand jury indictment (...)

The Czech Constitutional Court clarifies rules for challenging dawn raids (Eurovia)
Skils (Prague)
On 15 May 2018, the Constitutional Court (CC) declared that the Supreme Administrative Court (SAC) by its judgment of 21 November 2017 (Ref.No. 7 As 155/2015) violated Eurovia CS’s constitutional rights on protection of privacy and on fair trial and annulled that SAC’s judgment. The matter (...)

The Vilnius Regional Administrative Court confirms the decision of the Competition Authority according to which two Lithuanian construction companies restricted competition by entering into bidding consortia (PST / Irdaiva)
Lithuanian Competition Authority (Vilnius)
Vilnius Regional Administrative Court: Joint bidding by construction companies restricted competition* Vilnius Regional Administrative Court (the Court) upheld Competition Council‘s decision according to which two Lithuanian construction companies Panevėžio statybos trestas (PST) and Irdaiva (...)

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

The Hong Kong Competition Authority publishes a guide to competition ordinance for public sector
Hong Kong Competition Commission
Competition Commission Publishes Handy Guide to Competition Ordinance for Public Sector* The Competition Commission (Commission) today (11 May) published a handy “Guide to Competition Ordinance” (Guide) for the public sector to assist personnel from the government, public bodies and law (...)

The Spanish Competition Authority fines five companies and three of their executives for an information exchange to collude in tenders for the award of institutional advertising contracts (Carat España / Inteligencia y Media / Media by Design / Media Sapiens / Persuade Comunicación)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
Five companies (Carat España SAU, Inteligencia y Media SA, Media by Design Spain SA, Media Sapiens Spain SL and Persuade Comunicación) have been sanctioned for a collusive behaviour consisting in the exchange of commercially sensitive information in order to share tenders in the Framework (...)

The German Competition Authority fines potato and onion packaging companies up to €13.2 million for fixing prices (Böhmer / Kuhn)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines totalling 13.2 million euros on potato and onion packaging companies* The Bundeskartellamt has imposed fines totalling 13.2 million euros on two potato and onion packaging companies for fixing prices in their supplies to the Metro group. The companies concerned (...)

The EU Commission confirms that its officials carried out unannounced inspections in several Member States at the premises of metal packaging companies (Metal packaging manufacturers)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
On 24 April 2018, the European Commission carried out unannounced inspections at the premises of a number of companies active in metal packaging in several Member States. The Commission was accompanied by officials of the relevant national authorities. The investigation follows concerns about (...)

The Spanish National Markets and Competition Commission fines five companies and three company executives for bid-rigging of public tenders for institutional advertising services (Agencias de Medios)
Callol, Coca & Asociados (Madrid)
On 7 May 2018, the NMCC imposed fines amounting to €7.12 million upon five companies: Carat España, S.A.U, Inteligencia y Media, S.A. (YMEDIA), Media By Design Spain, S.A. (MEDIA BY DESIGN), Media Sapiens Spain, S.L. and Persuadé Comunicación, S.A. and three of their managers or legal (...)

The Indian Competition Authority grants penalty reductions to 4 out of 6 members of a cartel guilty of bid rigging public tenders for setting up solid waste processing plants (Nagrik Chetna Manch / Fortified Security Solutions)
Vaish (New Delhi)
CCI passes its third leniency decision* The CCI by way of an order dated May 1, 2018 has issued its third leniency order in the case of Nagrik Chetna Manch v. Fortified Security Solutions and Ors. (Case 50 of 2015) in which it granted reduction in penalty to four out of the six leniency (...)

The German Competition Authority refers a cartel case against metal packaging manufacturers to the EU Commission (Metal Packaging Manufacturers)
German Competition Authority (Bonn)
Cartel proceeding against metal packaging manufacturers: Bundeskartellamt refers case to the European Commission* As part of the cooperation within the network of European Competition Authorities (ECN), the Bundeskartellamt has referred its ongoing cartel proceeding concerning metal packaging (...)

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

The Indian Competition Authority fines battery manufacturers for cartel after a 6-year investigation including 2 leniency applications (Eveready Industries India / Indo National / Panasonic Energy India / Association of Indian Dry Cell Manufacturer)
Vaish (New Delhi)
CCI Penalizes Batter Manufacturers’ Admitted Cartel - Decised Its Second Leniency Case* Competition Commission of India (CCI) by an order dated 19 April 2018, in its second decision on a leniency application, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency (...)

The Turkish Competition Authority concludes that a price comparison system for advertisers does not violate competition law (Yurddaş)
ACTECON (Istanbul)
Introduction The Turkish Competition Authority (“TCA”) has concluded its investigation against Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic A.Ş.’s (“yurddaş + partners”) Media Barometer services. It is decided that Media Barometer, which is a media performance measurement service that includes a price (...)

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

The EU Commission carries out unannounced inspections concerning distribution of sports media rights and other related rights
DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections concerning distribution of sports media rights and other related rights* The European Commission can confirm that on 10 April 2018 its officials carried out unannounced inspections in several Member States at the premises of companies (...)

The UK Competition Authority disqualifies two company directors for their roles in price-fixing cartel (Abbott / Frost)
Gowling WLG (London)
The UK Competition and Markets Authority (the ’CMA’) has secured the disqualification of two directors following an investigation into a cartel agreement by six estate agencies in the Burnham-on-Sea area to fix the minimum level of commission fees for the provision of traditional residential (...)

The EU Court of Justice finds that Member States are not required to extend a prohibition on extraditing their own nationals to citizens of other States involved in global cartels (Romano Pisciotti)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
In its judgment of 10 April 2018, the CJEU decided that Germany did not infringe EU law by extraditing an Italian national to the United States. An EU Member State is not required to extend a prohibition on the extradition of its own nationals to all EU citizens, but before proceeding to (...)

The French Competition Authority carries out unannounced inspections in the road freight transport sector
French Competition Authority (Paris)
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the road freight transport sector* Following authorization from the liberty and custody judge, the Investigation Services of the Autorité de la concurrence have raided (...)

The EU Commission fines eight producers of capacitors for cartel (Elna / Hitachi Chemical / Holy Stone / Matsuo / NEC Tokin / Nichicon / Nippon Chemi-Con / Rubycon)
DG COMP (Brussels)
Antitrust: Commission fines eight producers of capacitors €254 million for participating in cartel* The European Commission has fined Elna, Hitachi Chemical, Holy Stone, Matsuo, NEC Tokin, Nichicon, Nippon Chemi-Con, Rubycon € 253 935 000. Together with the immunity applicant, Sanyo, they (...)

The EU Commission fines 8 Japanese producers of capacitors involved in a cartel for the supply of aluminium and tantalum electrolytic capacitors (Elna / Hitachi / Holy Stone / Matsuo / NEC Tokin / Nichicon / Nippon Chemi-Con / Ruycom / Sanyo)
Van Bael & Bellis (Brussels)
On 21 March 2018, the European Commission announced that it had adopted a decision fining eight Japanese producers of capacitors a total of € 253,935,000. The companies addressed by the decision, namely Elna, Hitachi, Holy Stone, Matsuo, NEC Tokin, Nichicon, Nippon Chemi-Con, Ruycom and Sanyo, (...)

The French Competition Authority fines an undertaking for implementing anticompetitive agreements in the tobacconist security provision sector (Sécurité Vol Feu)
French Competition Authority (Paris)
Anticompetitive agreements in the tobacconist security provision sector in the Isère département* The Autorité de la concurrence fines the Sécurité Vol Feu company Following an investigation carried out by the General Directorate for Competition Policy, Consumer Affairs and Fraud Control (...)

The Spanish Competition Authority fines 9 bar associations for issuing a collective price recommendation regarding lawyers’ professional fees (Bankia)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
The Spanish Competition Authority (“CNMC”) has fined 9 bar associations EUR 1.4 million for issuing a collective price recommendation regarding lawyers’ professional fees. The case was triggered by a complaint filed by Bankia as a consequence of the numerous claims filed by the bank’s (...)

The Spanish Competition Authority fines ten courier and parcel companies for participating in a customer-allocation cartel (Mensajeria y paqueteria empresarial)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
The Spanish Competition Authority (“CNMC”) has fined ten courier and parcel companies EUR 68 million for participating in a customer-allocation cartel, namely, Correos Express, UPS, TNT, DHL, Touline, RedySer, FEDEX, ICS and MBE. The CNMC has found that some of the companies entered into oral (...)

The Romanian Competition Authority implements a big data information system that will allow a quicker identification of cartel
Romanian Competition Council (Bucharest)
The Competition Council implements a big data informatics system through the project* “Optimizing the interaction with the business environment and the implementation of advanced data analysis and data exchange mechanisms by implementing an e-government information system and Big Data analysis (...)

The Indian Competition Authority reconsiders a price fixing case referred back from the Appellate Tribunal and imposes revised fines against airline companies for fixing fuel surcharge rates for cargo transportation (Jet Airways / InterGlobe Aviation / Spice Jet)
Vaish (New Delhi)
Competition Commission of India (“CCI”) imposes penalty on Jet Airways, IndiGo Airlines and Spicejet for fixing fuel surcharge rates* By way of an order dated March 7, 2018, the CCI has imposed a cumulative penalty of approx. INR 54 Crores on Jet Airways (India) Ltd (‘Jet Airways’), InterGlobe (...)

The UK Competition Authority fines two suppliers of charcoal and coal for households for taking part in a market sharing cartel(CPL / Fuel Express)
United Kingdom’s Competition Authority - CMA (London)
£3.4m fine for household coal and BBQ supplier cartel* Two of the biggest suppliers of charcoal and coal for households in the UK have agreed to pay a £3.4m fine for taking part in a market sharing cartel. CPL and Fuel Express are 2 of the main suppliers of bagged household fuels, including (...)

The Belgian Competition Authority and the French Competition Authority conduct inspections at distributors of cosmetic goods
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms the inspections at distributors of cosmetic goods* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms that the BCA and the “Autorité de la concurrence” (France) conducted inspections at the premises of (...)

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

The EU Commission fines €546 million two maritime car carriers and four car parts suppliers in three separate cartel settlements (MOL / NYK / "K" Line / Wwl-Eukor / Csav / Denso / Bosch / NGK / TRW / Continental)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
Four maritime car carriers, two suppliers of spark plugs and two suppliers of braking systems have been fined EUR 395 million, EUR 76 million and EUR 75 million respectively, in the framework of three separate cartel settlement decisions adopted by the European Commission. With regard to the (...)

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

The Spanish Competition Authority fines four banks for colluding to offer interest rate derivatives at different conditions to those agreed with the clients (Banco Santander / Banco Sabadell / BBVA / Caixabank)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
The CNMC has imposed a EUR 91 million fine to Banco Santander, Banco Sabadell, BBVA and Caixabank for colluding to offer interest rate derivatives at different conditions from those agreed with the clients concerned. The derivatives in question were used to cover the risks of the interest rate (...)

The Mexican Federal Economic Competition Commission fines five condom and catheter suppliers for bid rigging in the public health sector after a four-year investigation into the latex industry (Galeno / Adex / Holiday de México / Trenkes / Dentilab)
Ritch Mueller (Mexico City)
On 8 February 2018, Mexico’s Federal Economic Competition Commission’s (COFECE or Commission) fined five condom and catheter suppliers 112 million pesos (approximately €4.91 million) for rigging bids in Mexico’s public health sector. Further statements of objections and decisions regarding bid (...)

The EU Court of Justice upholds fines imposed by the Commission on cartel participants in the air freight forwarding sector (Schenker)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
In four separate judgments of 1 February 2018, the CJEU upheld fines imposed by the EC on freight forwarders for participating in cartels in the international air freight forwarding services sector. The case is interesting for its consideration of (i) the fact that the EC relied on evidence (...)

The Romanian Competition Authority fines a chamber of notaries for cartel (Chamber of Public Notaries)
Romanian Competition Council (Bucharest)
The Competition Council sanctioned with fines of lei 2.8 million the public notaries from Suceava and Botosani* The Competition Council sanctioned the Chamber of Public Notaries from Suceava and 72 public notaries from Suceava and Botosani counties, members of this organization with fine (...)

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

The Romanian Competition Authority sanctions with €1.1 million 3 companies selling equipment for electricity measurement (Arc Braşov)
Romanian Competition Council (Bucharest)
1) The Competition Council sanctioned with €1.1 million 3 companies selling equipment for electricity measurement* The Competition Council sanctioned with fines totalling lei 4,947,086.23 (about Euros 1.1 million) three companies for the purpose of reaching an agreement in order to limit the (...)

The Romanian Competition Authority fines companies and associations on the market of security services for setting minimum prices (Euroguard)
Romanian Competition Council (Bucharest)
The Competition Council sanctioned with 23.4 million lei companies and associations on the market of security services * The Competition Council sanctioned with fines totaling 23,422,255.99 lei (about 5 million euros), 33 companies and 4 associations for setting the minimum price, (...)

The Russian Arbitration Court of the Far East District upholds a cartel decision in the passenger transportation market (Flagman-Auto)
Russian Federal Antimonopoly Service (Moscow)
Court supported a decision of primorie OFAS on a passenger transportation case in Vladivostok* The parties to the case entered into an agreement that restricted competition on the market of urban passenger transportation In July 2015, the Commission of Primorie OFAS found that Vladivostok (...)

The Russian Competition Authority opens a proceeding against forensic equipment suppliers for cartel (Krim-Market)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed collusion between forensic equipment suppliers* Nine companies are guilty of collusion at auctions organized by the Ministry of Interior and Russian Federal Forensics Centre at the Ministry of Justice On 15 January 2018, the Federal Antimonopoly Service found that “Krim-Market” (...)

The Russian Competition Authority opens a proceeding for a cartel in the market of supplying gas chromatographs (Chromatec)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed a cartel for supplying gas chromatographs* Actions of “Chromatec” and “Chromatec-Service Yoshkar-Ola” at an auction for the needs of the Federal Drug Control Service resulted in maintaining auction prices Having investigated an antimonopoly case, FAS found that “Chromatec” Special (...)

The Danish Competition Authority fines a construction company for exchange of information with a competitor in a bid rigging case (Troels Jørgensen)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Construction company pays fine in settlement for bid rigging* On 11 January 2018, the contruction company Troels Jørgensen A/S entered into a settlement with a competitor for infringing section 6 of the Danish Competition Act. The company accepted to pay a fine of DKK 3,200,000 (€ (...)

The Russian Competition Authority opens proceedings concerning a cartel in the railway tracks market (Partnerstvo)
Russian Federal Antimonopoly Service (Moscow)
Rail track collusion* Moscow OFAS exposed cartels at auctions of the Ministry of Defence for supplying materials for rail tracks. “Partnerstvo” Ltd., “Pravda” Ltd. and “DorRem” Ltd. concluded and implemented oral cartel agreements throughout 5 auctions (in breach of Clause 2 Part 1 Article 11 of (...)

The Russian Arbitration Appeal Court upholds a cartel decision between suppliers of individual respiratory protection equipments (Tambovgalvanotekhnika)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed a cartel of 30 companies – suppliers of individual respiratory protective equipment* The cartel dividing the market between its participants maintained prices at 1 308 tenders On 10 January 2018 the 9th Arbitration Appeal Court confirmed legitimacy of FAS decision regarding 30 (...)

The Indian Competition Authority imposes the highest fine in terms of profit on hardcore cartel for supplying coal to 7 thermal power stations (Maharashtra State Power Generation / Nair Coal Services / Karam Chand Thapar / Naresh Kumar)
Vaish (New Delhi)
CCI imposes highest penalty in terms of profit on a hard core cartel for coal liaisoning services for supply of coal to seven thermal power stations of Maharashtra State Power Generation Co. Ltd.* The Competition Commission of India (CCI) vide its order dated January 10, 2018 has exposed a (...)

The Hungarian Competition Authority publishes new notices on fines in an effort to incentivise companies to cooperate in reducing their fines
Hungarian Competition Authority (Budapest)
According to the GVH’s new Notices on Fines significant advantages can be gained from cooperating with the authority* The Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) incentivises undertakings to remedy the harm caused to consumers as a result of competition law infringements (...)

The Russian Competition Authority sanctions companies for cartel in the market of highway repair and renovation (Technostroi)
Russian Federal Antimonopoly Service (Moscow)
FAS made a decision on a bid-rigging cartel for highway repair and renovation* “Technostroi” Ltd., “No. 908 Construction Department” Ltd., and “Avtodor” Road Company” Ltd. violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition” The companies concluded an anticompetitive (...)

The Moscow Arbitration Court upholds the decision of the Competition Authority in a suppliers cartel case at the ministry of defence (Bely Medved)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed legitimacy of fas decision on a suppliers cartel at the ministry of defence* Moscow Arbitration Court dismissed a claim of “Bely Medved” Ltd., “Koralkin” Ltd., “Millennium Klin” Ltd. on invalidating a FAS decision, that had found these companies and the group of persons comprising (...)

The Czech Supreme Administrative Court allows belated ex post review of dawn raid’s legality (Delta pekarny / Bakeries cartel)
Skils (Prague)
On 21 December 2017, the Supreme Administrative court rejected cassation appeals of both the Czech Office for Protection of Competition (“Office”) and all three claimants (participants to bakeries cartel), namely companies Delta Pekarny, OK Rest, and Penam against the previous judgment of the (...)

The German Competition Authority, with the Dutch Competition Authority, fines three undertakings for cartel in the harbor towage sector (Fairplay / Bugsier / Petersen & Alpers)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on harbour towage service providers* The Bundeskartellamt has imposed fines amounting to approx. 13 million euros on three harbour towage service providers. The companies concerned are Fairplay Schleppdampfschiffsreederei Richard Borchard GmbH, Hamburg, (...)

The Dutch Competition Authority, with the German Competition Authority, fines three undertakings for cartel in the harbor towage sector (Fairplay / Bugsier / Petersen & Alpers)
Netherlands Authority for Consumers & Markets (The Hague)
Collaboration between Bundeskartellamt and ACM leads to fines in towage sector* Today, the German competition authority, the Bundeskartellamt, announced it has imposed fines on three undertakings and their executives, totaling approximately EUR 13 million in connection with their involvement (...)

The UK Competition Authority launches digital tool to fight bid-rigging
United Kingdom’s Competition Authority - CMA (London)
CMA launches digital tool to fight bid-rigging* The CMA’s Screening for Cartels tool will help public procurement professionals identify suspicious behaviour by suppliers when bidding for contracts. The Competition and Markets Authority (CMA) has worked with Spend Network, a company (...)

The Finnish Market Court fines several coach companies for cartel (Finnish Bus and Coach Association / Matkahuolto)
Finnish Competition and Consumer Authority (Helsinki)
The Market Court imposed penalty payments on several coach companies, the Finnish Bus and Coach Association and Matkahuolto* In its decision issued on 14 December 2017, the Market Court considered that the coach companies*), Finnish Bus and Coach Association and Matkahuolto have been guilty of (...)

The Moscow Arbitration Court upholds the decision of the Competition Authority in a cartel case between manufacturers of oil-submersible cable (Kama Cable)
Russian Federal Antimonopoly Service (Moscow)
Cassation court supported fas in a case on a cartel between manufacturers of oil-submersible cable* The violators are fined over 250 million RUB On 13 December 2017, the Arbitration Court of the Moscow District upheld the judgment of Moscow Arbitration Court and the ruling of the 9th (...)

The Russian Competition Authority sanctions suppliers of supercomputers for cartel (Aquarius Production)
Russian Federal Antimonopoly Service (Moscow)
Suppliers of supercomputers for kurchatov institute are guilty of taking part in a cartel* FAS Commission found that suppliers of equipment for Kurchatov institute violated the antimonopoly law. The companies may pay big fines for the cartel Having investigated the case, FAS found that (...)

The Russian Competition Authority sanctions a cartel on the school food products market
Russian Federal Antimonopoly Service (Moscow)
FAS continues its efforts to decartelize food products supplies* The Commission of Udmurtia OFAS found bid-rigging collusion in supplies of food products to schools, pres-school day-care centres and other state and municipal institutions for the total amount over 50 million RUB Four (...)

The EU Commission fines several car safety equipment suppliers in a cartel settlement case (Tokai Rika / Takata / Autoliv / Toyoda Gosei / Marutaka)
Van Bael & Bellis (Brussels)
On 22 November 2017, the European Commission announced that it had imposed nes totalling € 34 million on five car safety equipment suppliers for taking part in one or more of four separate cartels for the supply of car safety equipment to some Japanese car manufacturers in the EEA. The (...)

The French Competition Authority launches a vast sector-specific inquiry on the functioning of competition in the medicinal products and medical biology sectors
French Competition Authority (Paris)
As part of its advisory powers, the Autorité de la concurrence is launching a vast sector-specific inquiry on the functioning of competition in the medicinal products and medical biology sectors.* In particular it will look at the distribution of pharmaceuticals, their price regulation (...)

The EU Court of Justice provides guidance to French Court on the relationship between EU Common Agricultural Policy and Competition Law (APVE)
Van Bael & Bellis (Brussels)
On 14 November 2017, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a request for preliminary ruling from the French Supreme Court regarding the relationship between the objectives of the EU’s Common Agricultural Policy and those of EU competition law (C-671/15, APVE (...)

The EU General Court partially annuls the Commission decision fining a financial company for facilitating cartels in the market of interest rate derivatives in Japanese yen (Icap)
Van Bael & Bellis (Brussels)
On 10 November 2017, the General Court (“GC”) partially upheld the appeal lodged by Icap plc, Icap Management Services Ltd and Icap New Zealand Ltd (“Icap”) against a Commission decision ning Icap € 14.9 million for facilitating cartels in the market for interest rate derivatives in Japanese yen (...)

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

The Russian Competition Authority opens a proceeding against a cartel that used auction robots (Egmed)
Russian Federal Antimonopoly Service (Moscow)
Case against a cartel that used auction robots* FAS opened a case upon signs of “digital” collusion at medical auctions FAS suspects that bidders at procurement for supplies of expendables for coronary angiography and stenting, “VALERIA” Ltd. and “Egmed” Ltd. used special software, tuned to (...)

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

The EU Court of Justice upholds General Court’s judgments in a cartel case (Pre-stressing steel)
Van Bael & Bellis (Brussels)
On 26 October 2017, the Court of Justice of the European Union (“ECJ”) dismissed appeals in the pre-stressing steel cartel case brought by four Spanish manufacturers belonging to the Spanish Celsa group (Global Steel Wire, Moreda-Riviere Tre lerías, Tre lerías Quijano and Trenzas y Cables de (...)

The French Competition Authority fines three leading manufacturers of PVC and linoleum floor covering for cartel (Tarkett)
French Competition Authority (Paris)
The Autorité has imposed sanctions totalling €302 million on the three leading manufacturers of PVC and linoleum floor covering, as a penalty for price fixing among other pratices.* Background Acting on information submitted by the Directorate General for Competition Policy, Consumer Affairs (...)

The French Competition Authority fines three undertakings and a trade association €302 million in a cartel case in the PVC and linoleum floor sector (Forbo / Gerflor / Tarkett / SFEC)
Van Bael & Bellis (Brussels)
On 18 October 2017, the French Competition Authority (“FCA”) issued a decision imposing nes totalling € 302 million on three ooring companies (Forbo, Ger or and Tarkett) and a trade association (Syndicat Français des Enducteurs Calandreurs: the “SFEC”) for engaging in cartel activities between 1990 (...)

The French Competition Authority fines three undertakings for price fixing in the linoleum floor sector and changes its competition compliance policy (Forbo / Tarkett / Gerflor)
Clifford Chance (Paris)
Leading French PVC and linoleum floor covering manufacturers, Forbo, Tarkett - both leniency applicants - and Gerflor together with the sector’s trade association have been sanctioned by the French Competition Authority for having implemented anticompetitive practices over more than two decades. (...)

The French Competition Authority imposes a €302 m fine on three leading companies in the PVC and Linoleum floor coverings sector for price-fixing, sharing commercially sensitive information and signing a non-compete agreement on environmental performance advertising (Forbo / Gerflor / Tarkett / SFEC)
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Paris)
SIGNIFICANT FINE IMPOSED BY THE FRENCH COMPETITION AUTHORITY IN FLOOR COVERINGS CARTEL* On October 18, 2017, the French Competition Authority (the “FCA”) imposed a EUR 302 million fine on the three leading companies in the PVC and linoleum floor coverings sector; Forbo, Gerflor and Tarkett, as (...)

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

The Hellenic Competition Authority fines six undertakings active in the wholesale trade of luxury cosmetics for cartel (NOTOS COM)
Hellenic Competition Authority (Athens)
Prohibition of competition law by wholesalers of luxury cosmetics* Following an ex officio investigation, The Grand Chamber of the HCC decided, by majority vote regarding the number of the undertakings involved, that six undertakings active in the wholesale trade of luxury cosmetics (namely, (...)

The US Court of Appeals for the Third Circuit affirms the District Court judgment for titanium dioxide purchaser on the grounds that plaintiff lacked sufficient evidence to allege a conspiracy to fix prices (Valspar / DuPont)
McDermott Will & Emery (Washington)
What Happened: On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the court affirmed the district court’s grant of summary judgment for (...)

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

The EU Commission fines several truck manufacturers for cartel (Scania)
DG COMP (Brussels)
Antitrust: Commission fines Scania €880 million for participating in trucks cartel* The European Commission has found that Scania broke EU antitrust rules. It colluded for 14 years with five other truck manufacturers on truck pricing and on passing on the costs of new technologies to meet (...)

The EU General Court reduces the fine after re-hearing the bathroom fixtures and fittings cartel case (Laufen Austria)
Van Bael & Bellis (Brussels)
On 12 September 2017, the General Court (“GC”) handed down its judgment on an appeal lodged by Laufen Austria, a bathroom equipment manufacturer, against a Commission decision in connection with the bathroom fixtures and fittings cartel case, which was referred back to it for determination by the (...)

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

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

The Turkish Competition Board concludes its investigation into ready-mixed concrete companies engaging in allegedly concerted practices and decides not to impose any administrative fines (Çimbeton)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Competition Board launched a fully-fledged investigation into 10 ready-mixed concrete companies active in the city of Izmir, which had been accused of undertaking a concerted practice for three months and thus violating Article 4 of Law 4054. Following a 16-month investigation, on August 22 (...)

The Chinese NDRC proposes new rules to deal with perceived anti-competitive practices in the pharmaceutical industry
Hogan Lovells (Beijing)
China proposes new rules to address perceived anti-competitive practices n the pharmaceutical industry* On 14 August 2017, the National Development and Reform Commission (“NDRC“) released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active (...)

The Hong Kong Competition Commission launches proceedings before the Competition Tribunal against ten construction and engineering undertakings accused of cartel (Sun Spark)
Hong Kong Competition Commission
Competition Commission takes market sharing and price fixing case to Competition Tribunal* The Competition Commission (Commission) has today commenced proceedings in the Competition Tribunal (Tribunal) against ten construction and engineering companies, namely W. Hing Construction Company (...)

The Hong Kong Competition Commission issues a block exemption order for vessel sharing agreements in the liner shipping industry (HKLSA)
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 US DOJ announces that an e-commerce company and its president have agreed to plead guilty to participating in a price-fixing conspiracy (Zaappaaz)
Jones Day (San Francisco)
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Jones Day (San Francisco)
Background Texas-based e-commerce company Zaappaaz, Inc.—doing business as WB Promotions, Inc., Wrist-Band.com, and Customlanyard.net—and its president both agreed to plead guilty to conspiring to fix prices for customized promotional products sold online in the United States, including (...)

The US District Court for the Southern District of Texas files an information due to conspiracy to fix the prices in the silicone wristbands and lanyards sector (Zaappaaz)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Düsseldorf)
Azim Makanojiya founded Zaappaaz Inc. as a nineteen-year-old university student and quickly turned it into a multi-million dollar business. WHAT HAPPENED: On Tuesday, August 7, online retailer Zaappaaz Inc. and its twenty-nine-year-old president and founder, Azim Makanojiya, agreed to plead (...)

The Hellenic Competition Authority fines undertakings active in the construction sector (AKTOR)
Hellenic Competition Authority (Athens)
Settlement Procedure - Infringement decision with fines addressed to undertakings active in the construction sector regarding infringements of Article 1 of the Greek Competition Act and Article 101 TFEU* The Hellenic Competition Commission (HCC), by unanimous decision, found that fifteen (15) (...)

The Chinese Competition Authority fines several industry associations for price-fixing (Paper manufacturers and Power companies)
Jones Day (Beijing)
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Jones Day (Beijing)
Historically, most industry associations in China were quasi-governmental and served as forums through which member companies coordinated their activities, in some cases including price-setting. For this reason, anticompetitive behavior through industry associations is even more of a salient (...)

The French Competition Authority fines several companies which have implemented exclusive import agreements (Materne)
French Competition Authority (Paris)
Exclusive distribution of dessert products in La Réunion and Mayotte* The Autorité de la concurrence fines Materne and its wholesaler-importer for continuing to implement an exclusive import agreement after the “Lurel Act” came into force. The “Lurel Act” bans any exclusive import agreement The (...)

The German Competition Authority issues its report on its inquiry into the cement and ready-mix concrete sector
German Competition Authority (Bonn)
Bundeskartellamt publishes report on its inquiry into the cement and ready-mix concrete sector* Today the Bundeskartellamt has published the final report on its inquiry into the cement and ready-mix concrete sector. Andreas Mundt, President of the Bundeskartellamt: "The cement and ready-mix (...)

The US Court of Appeals for the Ninth Circuit affirms the dismissal of an antitrust counterclaim in a labor dispute (ICTSI / ILWU)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Düsseldorf)
On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime (...)

The US Court of Appeal for the Second Circuit dismisses the indictments of two individuals accused of playing a role in the LIBOR case and clarifies the Fifth Amendment law in international cartels (Allen)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Düsseldorf)
SECOND CIRCUIT CLARIFIES FIFTH AMENDMENT LAW, WITH IMPLICATIONS FOR US PROSECUTION OF INTERNATIONAL CARTELS* On July 19, 2017, the Second Circuit vacated the convictions and dismissed the indictments of two individuals accused of playing a role in the manipulation of the London Interbank (...)

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

The EU Court of Justice dismisses an appeal in a gas insulated switchgear cartel case (Toshiba)
Van Bael & Bellis (Brussels)
On 6 July 2017, the European Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by Toshiba against a judgment of the General Court (“GC”), which upheld the European Commission’s decision to re-impose nes on Toshiba for its involvement in the gas insulated switchgear cartel. (...)

The German Competition Authority fines two manufacturers of industrial batteries and their representatives for cartel (Hawker)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines totalling approx. 28 million euros on manufacturers of industrial batteries* The Bundeskartellamt has imposed fines totalling around 28 million euros on two manufacturers of industrial batteries and their representatives for agreeing between them to levy the (...)

The EU Commission fines three car lighting system producers for their involvement in a cartel (Automotive Lighting / Hella / Valeo)
DG COMP (Brussels)
Antitrust: Commission fines three car lighting system producers €27 million in cartel settlement* The European Commission has fined Automotive Lighting and Hella a total of €26 744 000 for participating in an automotive lighting cartel, in breach of EU antitrust rules. Valeo was not fined as it (...)

The OECD holds a roundtable to address issues on algorithms and collusion
Norton Rose Fulbright (Brussels)
OECD workshop addresses algorithms and collusion issues* On June 21-23, the OECD held a roundtable on the theme of “Algorithms and Collusion,” as part of a wider work stream on competition in the digital economy. The OECD roundtable reflects a shift in the debate over the antitrust implications (...)

The US District Court in the Southern District of New York dismisses a class action lawsuit alleging a large number of entities and individuals in a cartel case (Sea brent crude oil)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
The U.S. District Court in the Southern District of New York recently dismissed a class action lawsuit alleging, among other claims, that a large number of entities and individuals in the market for producing, refining and trading Brent crude oil (together, Defendants) manipulated the prices of (...)

The Irish Central Criminal Court fines a company executive for his participation in a cartel and imposes a suspended prison sentence (Aston Carpets)
McCann FitzGerald (Dublin)
Ireland - Hard-core cartel offender gets €7,500 fine and suspended sentence* Following a guilty plea to criminal bid-rigging and obstruction charges, a company director was fined €7,500 by an Irish judge on 31 May and sentenced to three months’ imprisonment (suspended – meaning no jail time). (...)

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

The US FTC reaches settlement agreement with a company over challenged professional association rules due to restriction of competition among its organist and choral conductor members (AGO)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
The two current commissioners of the Federal Trade Commission (FTC) approved a final order and consent agreement with the American Guild of Organists (AGO) after a public comment period of two months. The FTC alleged that the AGO violated Section 5 of the Federal Trade Commission Act by (...)

The Dutch Competition Authority sends a letter explaining the basic rules regarding fair competition to over 3,500 companies operating in the ports of Amsterdam and Rotterdam
Netherlands Authority for Consumers & Markets (The Hague)
ACM calls port industry’s attention to competition rules* The Netherlands Authority for Consumers and Markets (ACM) has sent a letter explaining the basic rules regarding fair competition to over 3,500 businesses based in Amsterdam and Rotterdam that are active in the ports of those cities. ACM (...)

The US DoJ charges two senior vice presidents company for price fixing of shelf-stable tuna fish (Bumble Bee Foods)
Mc Dermott Will & Emery (Irvine)
Bumble Bee Foods, and two of its senior vice presidents, have recently pled guilty to US Department of Justice (DOJ) charges that they engaged in a conspiracy to fix prices of shelf-stable tuna fish sold in the United States from 2011 to 2013. Bumble Bee agreed to pay a $25 million criminal (...)

The Belgian Competition Authority fines several companies for bid-rigging (Siemens)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority imposes fines totalling 1 779 000 euros for a cartel in the context of a public contract* The Investigation and Prosecution Service of the Belgian Competition Authority (hereinafter “the Investigation and Prosecution Service”) sanctions a cartel between five (...)

The Belgian Competition Authority fines the members of a bid-rigging cartel in the context of public tenders for a railway infrastructure (ABB / AEG / Siemens / Schneider / Sécheron)
Van Bael & Bellis (Brussels)
On 2 May 2017, the Belgian Competition Authority (“BCA”) found that ABB, AEG, Siemens, Schneider and Sécheron had engaged in a cartel in the context of public tenders organised by government-owned railway network company Infrabel and imposed fines amounting to a total of € 1,779,000. Infrabel had (...)

The Swedish Patent and Market Court of Appeal overturns Stockholm District Court’s decision and finds three healthcare providers not guilty of cartel (Aleris / Capio / Hjärtkärlgruppen)
Mannheimer Swartling (Stockholm)
No Bid-Rigging in Swedish Healthcare Case* At the end of April this year, a Swedish case involving alleged procurement collusion in healthcare markets reached its final conclusion. In a reversal of fortunes for the Swedish Competition Authority (SCA), the Patent and Market Court of Appeal (...)

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

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

The Turkish Competition Authority finds no evidence on exclusionary practices by incumbents against a new entrant in the market for meal cards (Metropal)
University of Sussex (Brighton)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint due to lack of evidence that the incumbent undertakings in the market for meal cards collectively resorted to certain exclusionary practices upon the entry into market of the (...)

The Advocate General Wahl considers that agricultural producers’ organisations may be held liable under EU competition law (APVE)
Van Bael & Bellis (Brussels)
On 6 April 2017, Advocate General (“AG”) Wahl issued an opinion on a preliminary reference from the French Supreme Court arising from the Endive cartel investigated by the French Competition Authority. In his opinion, the AG con- siders that agricultural producers’ organisations and their (...)

The German Federal Council adopts an amendment to act against restraints of competition
Jones Day (Frankfurt)
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Morgan Lewis (Frankfurt)
Key changes triggered by the amendment relate to a company’s liability for cartel infringements, the introduction of a transaction value test into merger control, private enforcement through the implementation of the EU Cartel Damages Directive, the assessment of market power in multilateral (...)

The German Federal Council votes in favour of passing the ninth amendment to the Act against Restraints of Competition
Baker McKenzie (Brussels)
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Baker McKenzie (Brussels)
Update on the 9th ARC Revision On 31 March 2017, the German Federal Council (Bundesrat) has voted in favour of passing the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). According to the 31 March plenary report, the draft law is now (...)

The Bulgarian Competition Authority approves commitments by oil companies suspected of cartel activities (Lukoil Bulgaria / Eco Bulgaria / Shell Bulgaria / OMV Bulgaria / NIS PETROL)
Tsvetkova Bebov Komarevski (Sofia)
The Bulgarian Commission for Protection of Competition has approved commitments by oil companies suspected of cartel activities* On 28.03.2017, the Bulgarian Commission for Protection of Competition (the “Bulgarian Commission”) approved commitments by the leading Bulgarian oil companies Lukoil (...)

The Belgian Competition Authority fines a leading yeast producer and three parent companies for several infringements of Articles 101 and 102 TFEU (Algist Bruggeman)
Van Bael & Bellis (Brussels)
On 22 March 2017, the Belgian Competition Authority (“BCA”) imposed a fine amounting to € 5,489,000 on leading yeast producer Algist Bruggeman NV (“AB”), and three parent companies, for several infringements of Articles 101 and 102 of the Treaty on the Functioning of the European Union (“TFEU”) and (...)

The EU Commission fines six undertakings that supplied air conditioning and engine cooling components to car manufacturers (Thermal Systems Cartel)
Van Bael & Bellis (Brussels)
On 8 March 2017, the European Commission announced that it had imposed fines under the cartel settlement procedure totalling € 155 million on six companies that supplied air conditioning and engine cooling components to car manufacturers. The companies involved, Behr, Calsonic, Denso, Panasonic, (...)

The EU Commission carries out unannounced inspections in the sector of kraft paper and industrial paper sacks
DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections in sector of kraft paper and industrial paper sacks* The European Commission can confirm that on 7 March 2017 its officials carried out unannounced inspections at the premises of several companies active in the sector of kraft paper and (...)

The Egyptian Competition Authority issues its first bid-rigging cartel decision (Heart and chest surgeries cartel)
Helmy, Hamza & Partners (Baker McKenzie Cairo)
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Queen Mary University (London)
On 7 March 2017, the Egyptian Competition Authority (ECA) issued its first bid-rigging cartel decision. The cartel involved seven of the biggest suppliers in Egypt of heart and chest valves and antioxidants for heart and chest surgeries, and related to public tenders for governmental and (...)

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

The EU Court of Justice dismisses appeals against the General Court’s judgement in a cartel case confirming the responsibility of undertakings for the actions of their representative (Paraffin Wax)
Van Bael & Bellis (Brussels)
Under EU case law, an undertaking can be held responsible for the actions of a person who is authorised to act on its behalf, regardless of any action or knowledge on the part of the managers of that undertaking. Consequently, the Commission may impose fines on an undertaking if it has shown (...)

The Hellenic Competition Authority issues its first decision under the new simplified settlement procedure (Hondos)
Prentoulis Gerakini Law Partnership (Athens)
February 2017 marks the first decision of the Hellenic Competition Commission (HCC) under the terms of the new simplified Settlement Procedure. The case The HCC settled a case against eight companies of the HONDOS "group" (run by different family members) in the beauty and cosmetics market (...)

The EU Commission fines €68 million undertakings in a car battery recycling cartel case (Campine / Eco-Bat Technologies / Recylex)
Van Bael & Bellis (Brussels)
On 8 February 2017, the European Commission announced that it had imposed fines totalling € 68 million on three car battery recyclers (Campine, Eco-Bat Technologies and Recylex) for operating a cartel in which they had allegedly agreed to fix the purchase prices of scrap lead-acid automotive (...)

The Hellenic Competition Authority decides to settle a price-fixing case in the beauty and broader cosmetics sector (Hondos)
Hellenic Competition Authority (Athens)
Settlement of price-fixing case involving HONDOS in the beauty and broader cosmetics sector* By its unanimous Decision No. 636/2017, the Grand Chamber of the Hellenic Competition Commission (HCC) decided to settle a case against eight (8) companies controlled by HONDOS family members in the (...)

The EU Court of Justice delivers fourteen decisions on appeals against judgments of the General Court in a cartel case and rejects only two of them (Bathroom Fittings and Fixtures cartel)
Van Bael & Bellis (Brussels)
Bathroom fittings and fixtures cartel case – concept of single and continuous infringement The concept of single and continuous infringement was developed by the Commission to impute liability to undertakings which had not been involved in every single cartel contact or had not engaged in every (...)

The EU Court of justice recalls that where the liability of the parent company is purely derivative of that of its subsidiary, its liability may not exceed that of its subsidiary (Methacrylates cartel)
Van Bael & Bellis (Brussels)
Under settled EU case law, a parent company may be held liable for the anticompetitive behaviour of its subsidiary, even if the former has not directly participated in the infringement, provided the parent company is in a position to exercise decisive influence over its subsidiary and has, in (...)

The Irish Competition and Consumer Protection Committee acts to stop potentially anti-competitive conduct by private landlords (IPOA)
Trinity College Dublin
Two cheers for the Ireland’s Competition and Consumer Protection Commission action against potentially anti-competitive conduct by private landlords* Introduction With great alacrity Ireland’s Competition and Consumer Protection Commission (CCPC) has intervened successfully to hold the Irish (...)

The Indian Competition Authority grants a 75% reduction in penalty after applying the leniency program in a cartel case relating to the railway sector(Pyramid Electronics)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
Introduction The Competition Commission of India (CCI) in the first ever decision involving leniency in a cartel case (Suo Moto Case No. 03 of 2014 – In Re: Cartelization in respect of tenders floated by Indian Railways for supply of Brushless DC Fans and other electrical items), published on (...)

The Indian Competition Authority approves its first leniency application and reduces by 75% the fine imposed on the leniency applicant in a bid-rigging case in the railway sector (Pyramid Electronics / Kanwar Electricals / Western Electric and Trading Company)
Vaish (New Delhi)
Competition Commission of India (CCI) decides its first application for leniency in Cartels* CCI by its order dated January 18, 2017 decided its first leniency application in favour of the applicant by reducing the fine imposed by 75%. The application was filed on 10 March 2015 by one of the (...)

The EU Court of Justice confirms the EU Commission decision on the animal feed phosphates cartel (Timab Industries)
DG COMP (Brussels)
Antitrust: Commission welcomes Court of Justice judgment on Animal Feed Phosphates cartel* The European Commission welcomes today’s judgment by the EU Court of Justice dismissing in its entirety Timab’s appeal against an earlier General Court ruling. The General Court (case T-456/10) had upheld (...)

The EU Court of Justice confirms that the EU Commission has a considerable margin of discretion to revise a proposed fine upwards concerning companies that have withdrawn from a settlement procedure (Timab Industries)
McDermott Will & Emery (Washington)
The Court of Justice of the European Union (CJEU) Confirms the Commission’s Approach to Hybrid Settlements* The case follows on from the Commission’s Animal Feed Phosphates cartel decision pursuant to which fines totalling €176 million were imposed on a number of producers of animal feed for (...)

The Indian Competition Appellate Tribunal rejects an application for complete stay of penalty in a cement cartel case (Binani Cement / Builders’ Association of India)
Vaish (New Delhi)
Competition Appellate Tribunal (COMPAT) rejects the application of Binani Cement for complete stay of penalty in Cement Cartel appeals* COMPAT by its order dated January 9, 2017 has rejected the application of Binani Cement for complete stay of penalty while its appeal against the penalty (...)

The Polish Competition Authority fines ski equipment wholesaler for vertical pricing restraints (Fordex)
WKB Wierciński Kwieciński Baehr (Warsaw)
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Freshfields Bruckhaus Deringer (Brussels)
In its decision in Case DOK-1/2016 of 23 December 2016, the President of the Office of Competition and Consumer Protection (the “OCCP”) imposed a fine of PLN 72,345 (approx. EUR 16,500) on a ski equipment wholesaler Przedsiębiorstwo Produkcyjno-Handlowe Fordex sp. z o.o. (“Fordex”), for fixing the (...)

The EU Court of Justice Advocate General Wahl considers that derivative liability of parent company may not exceed that of its subsidiary (Heat Stabilisers Cartel)
Van Bael & Bellis (Brussels)
Under settled EU case law, a parent company may be held liable for the anticompetitive behaviour of its subsidiary even if the former has not directly participated in the infringement, provided the parent company is in a position to exercise decisive influence over its subsidiary and, in fact, (...)

The UK Competition Authority fines suppliers of galvanised steel tanks for bid-rigging (Franklin Hodge)
United Kingdom’s Competition Authority - CMA (London)
CMA fines water tank firms over £2.7 million* The CMA has today issued 2 decisions imposing fines on suppliers of galvanised steel tanks for breaching competition law. Galvanised steel tanks are used for water storage in larger buildings, such as schools, hospitals and other commercial and (...)

The Hungarian Supreme Court confirms the fines imposed in a banking cartel case (Budapest Bank)
Hungarian Competition Authority (Budapest)
The Curia of Hungary confirmed the cartel of Banks* On 13 December 2016 the Curia of Hungary confirmed, as a result of the judicial review of case Nr. Vj/74/2011/873 concerning the decision of the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH), that Hungarian banks had (...)

The EU General Court annuls a cartel settlement decision on appeal due to the Commission’s failure to sufficiently inform the undertakings on the fining methodology used (Envelopes cartel)
Van Bael & Bellis (Brussels)
Under the Commission’s cartel settlement procedure, an undertaking admitting liability to a cartel infringement and waiving certain procedural rights is rewarded with a 10% reduction in the fine. In the envelopes cartel case, the Commission fined five producers €19.4 million under the settlement (...)

The EU Commission fines rechargeable battery producers €166 million in cartel settlement (Sony / Panasonic / Sanyo)
DG COMP (Brussels)
Antitrust: Commission fines rechargeable battery producers €166 million in cartel settlement* The European Commission has fined Sony, Panasonic and Sanyo a total of €166 million. The companies and Samsung SDI coordinated prices and exchanged sensitive information on supplies of rechargeable (...)

The Indian Competition Appellate Tribunal upholds the Competition Authority’s decision against 4 public insurance companies but reduces fines to avoid overburdening the taxpayers (National Insurance / New India Insurance / Oriental Insurance / United India Insurance)
Vaish (New Delhi)
COMPAT upholds CCI order against four Insurance Companies, but reduces penalty* COMPAT vide order dated December 09, 2016 has upheld CCI order dated July 10, 2015 passed under section 27 of the Act against Public Sector Insurance Companies for bid-rigging while reducing the penalty from Rs. (...)

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

The EU Commission fines three banks for cartel on the euro interest rate derivatives market (Crédit Agricole / HSBC / JPMorgan Chase)
DG COMP (Brussels)
Antitrust: Commission fines Crédit Agricole, HSBC and JPMorgan Chase € 485 million for euro interest rate derivatives cartel* The European Commission has fined Crédit Agricole, HSBC and JPMorgan Chase, a total of € 485 million for participating in a cartel in euro interest rate derivatives. The (...)

The Portuguese Competition Authority fines five paper envelopes manufacturers and distributors for engaging into a cartel (Copidata)
Portuguese Competition Authority (Lisbon)
Portuguese Competition Authority dismantles cartel of paper envelopes* The Portuguese Competition Authority (AdC) dismantled a five-member cartel of paper envelopes producers and distributors, and imposed a fine of €160.000,00 on the company Firmo Papéis e Papelarias, S.A. The investigation (...)

The UK Competition Authority obtains a novel "disqualification undertaking" for a managing director of online poster suppliers on the basis that an undertaking agreed not to act as a director of a UK company for 5 years (Mr Aston)
Peters & Peters (London)
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Peters & Peters (London)
An easier route to individual liability for cartel conduct?* On 1 December 2016, the UK Competition and Markets Authority (“CMA”) obtained a novel “disqualification undertaking” from Daniel Aston, the managing director of online poster supplier Trod Limited, whereby Mr Aston agreed not to act as a (...)

The Hong Kong Competition Commission orders to two professional associations to modify certain provisions in their respective codes of conduct (HKIA / HKIP)
Hong Kong Competition Commission
Competition Commission calls upon two professional associations to rectify practices which raise competition concerns* The Competition Commission (Commission) today (28 November 2016) published an advisory bulletin calling upon two professional associations, namely, the Hong Kong Institute of (...)

The Brazilian Administrative Council For Economic Defence’s Tribunal provides further guidance for the assessment of international cartels and indicates when they are considered as able to produce effects in Brazil (Elpida / Mitsubishi / Nanya / NEC / Toshiba)
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
CADE’s Tribunal provided, during judgment sessions held between August and November of 2016, further guidance for the assessment of international cartels, indicating when they are considered able to produce effects in Brazil, in breach of Brazilian competition law. These decisions were issued (...)

The Advocate General Kokott delivers her opinion on an appeal lodged before the EU Court of Justice against a judgment upholding the Commission’s decision in finding an illegal price-fixing cartel (Pacific Fruit)
Van Bael & Bellis (Brussels)
Summary On 17 November 2016, Advocate General (“AG”) Kokott delivered her opinion on an appeal lodged before the European Court of Justice (“ECJ”) by Pacific Fruit (and its parent companies) against a judgment of the General Court (“GC”) upholding the European Commission’s decision finding an (...)

The Indian Competition Appellate Tribunal reverses the Competition Authority’s fine on pharmaceutical companies in a bid-rigging case (GlaxoSmithKline / Sanofi)
Vaish (New Delhi)
COMPAT sets aside penalty against GSK Pharmaceuticals Ltd. (GSK) and Sanofi Ltd. (Sanofi) for alleged bid-rigging in procurement of meningitis vaccine for Haj and Umrah pilgrims by Ministry of Health and Family Welfare* COMPAT by its order dated November 8, 2016, has set aside the penalty (...)

The Chinese SAIC fines three payment encryption device suppliers for market partitioning
Hogan Lovells (Beijing)
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Hogan Lovells (Beijing)
Chinese payment encryption device suppliers fined for participation in government-orchestrated cartel* On 4 November 2016, the State Administration for Industry and Commerce (“SAIC“) – one of China’s antitrust authorities – published on its website three decisions, whereby three payment encryption (...)

The Ukrainian Competition Authority issues a €7 million fine on seven alleged road fuel cartelists (Fuel Cartel)
Asters (Kiev)
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Asters (Kiev)
Antimonopoly Committee of Ukraine - What is behind EUR 7 million fine on seven alleged road fuel cartelists?* On 28 October 2016, the Antimonopoly Committee of Ukraine (AMC) fined seven companies, including Shell and SOCAR, a total of approx. EUR 7 million for alleged concerted practices. The (...)

The Belgian Competition Authority confirms unannounced inspections carried out in the market of distribution and sale of infra-red cabins
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms the inspection at an undertaking active in the distribution and sale of infra-red cabins* The Investigation and Prosecution Service of the Belgian Competition Authority (hereafter “BCA”) confirms that the BCA has conducted an inspection at the premises (...)

The US Court of Appeals for the Seventh Circuit considers potential discrimination between taxis and transportation network providers (Illinois Transport Association / City of Chicago)
Office of Competition and Consumer Protection (Warsaw)
Sharing and traditional economy: matter of substitutability ... between cats and dogs?* Sharing economy firms are disrupting traditional industries across the globe. As Tom Goodwin once put it: “Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular media (...)

The French Competition Authority fines several modelling agencies for cartel (L’Agence)
French Competition Authority (Paris)
The Autorité fines for anticompetitive agreement the modelling sector’s main professional union and 37 modelling agencies* In brief The Autorité de la concurrence today issues a decision under which it fines the main professional union of modelling agencies, the SYNAM, for having, between (...)

The US Court of Appeal for the Second Circuit reverses a price-fixing cartel verdict against Chinese defendants on international comity grounds (Vitamin C)
Cleary Gottlieb Steen & Hamilton (Rome)
Second Circuit reverses a price-fixing cartel verdict against Chinese defendants on international comity grounds* On 20 September 2016, the United States Court of Appeals for the Second Circuit (the “Appeals court”) in New York reversed a federal district court judgment in an antitrust lawsuit (...)

The EU General Court confirms the EU Commission’s decision concerning its first pharma pay-for-delay case (Lundbeck)
University of East Anglia (Norwich)
General Court’s pay for delay judgment in Lundbeck – some guidance, but worries remain*On 8 September, the General Court handed down its eagerly awaited decision in Lundbeck – the first ever European judgment concerning so-called pay for delay settlements. The Commission’s decision in this case was (...)

The EU General Court upholds the EU Commission’s landmark patent settlement agreement decision (Lundbeck)
Sidley Austin (London)
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Sidley Austin (London)
EU General Court upholds Commission’s landmark Patent Settlement Agreement decision* In a much-anticipated series of judgments, running to some 579 pages, the EU’s General Court on 8 September 2016 upheld a 2013 decision of the European Commission that imposed fines of almost €150 million on the (...)

The EU General Court upholds the EU Commission’s fine of €150 m on undertakings for entering into reverse settlement agreements which delayed the entry of cheaper generic versions of a blockbuster antidepressant (Lundbeck)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
EU COURT CONFIRMS EUROPEAN COMMISSION’S DECISION ON PAY-FOR-DELAY AGREEMENTS* On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of generic (...)

The Polish Competition Authority fines infertility treatment providers for price fixing (Polish Centres of Infertility Treatment and Reproduction Development)
WKB Wierciński Kwieciński Baehr (Warsaw)
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WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision dated 1 September 2016, the President of the Office of Competition and Consumer Protection (hereinafter the “OCCP President”) fined the Association of Polish Centres of Infertility Treatment and Reproduction Development (hereinafter the “Association”) for fixing prices of offers for (...)

The Indian Competition Authority re-imposes fines on 11 major cement manufacturers for forming a cartel (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish (New Delhi)
Competition Commission of India (CCI) re-imposes penalty on 11 cement companies for cartelisation* CCI by its order dated August 31, 2016 has re-imposed penalties on 11 cement manufacturers and Cement Manufacturers Association(CMA) for violation of Section 3(3)(a) and 3(3)(b) of the Act. The (...)

The Arbitration Court of Moscow confirms the fine imposed against a company for cartel in the software market (RDIEX)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court pronounced legitimacy of a more 23.4 million RUB fine for an anticompetitive agreement* On 17 August 2016, Moscow Arbitration Court pronounced legitimacy of a fine imposed by the Federal Antimonopoly Service (FAS Russia) upon “RDIEX Razumnie Delovie Tekhnologii” JSC. The (...)

The US FTC charges an undertaking for an alleged invitation to collude with another undertaking that served as both a competitor and a supplier (Fortiline)
Morgan Lewis (New York)
This article has been nominated for the 2017 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A dual distribution relationship does not protect against Section 5 liability for an invitation to collude. For the first time, the Federal Trade Commission (...)

The UK Competition Authority fines a company specialized in online sales of posters and frames for cartel (Trod)
United Kingdom’s Competition Authority - CMA (London)
CMA issues final decision in online cartel case* The CMA has today issued a formal decision that 2 online sellers of posters and frames broke competition law. This follows the announcement on 21 July 2016 that Trod Ltd had admitted agreeing with GB eye Ltd (trading as ‘GB Posters’) that they (...)

The Hungarian Competition Authority fines providers of medical products and medical devices for bid rigging (Chirmax)
Hungarian Competition Authority (Budapest)
The GVH imposed fines for coordination of bids in tenders of hospitals* In its decision the Gazdasági Versenyhivatal (Hungarian Competition Authority) established that, in order to influence the tender notice, share the market and fix prices, B. Braun Medical Magyarország Orvostechnológiai Kft., (...)

The German Competition Authority fines TV studio operators for cartel (Studio Berlin Adlershof)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on TV studio operators* The Bundeskartellamt has imposed fines amounting to a total of approx. 3.1 million euros on Studio Berlin Adlershof (SBA) GmbH, its affiliate Studio Berlin Broadcast GmbH (both located in Berlin) and Bavaria Studios & Production (...)

The Hungarian Competition Authority finds for the first time that mere negotiations concerning a draft consortium agreement can qualify as a hardcore cartel (Alcufer)
Baker McKenzie (Budapest)
On 26 July the Hungarian Competition Authority published its first ever cartel settlement decision which granted a 10% reduction from the fine to a settling party. The decision found that already the mere fact of negotiating with competitors a draft consortium agreement containing restrictive (...)

The Hellenic Competition Commission introduces settlement procedure for cartels
Hellenic Competition Authority (Athens)
HCC introduces settlement procedure for cartels* By its unanimous Decision No. 628/2016, the Hellenic Competition Commission (HCC) established the terms and conditions of the settlement procedure in cartel cases, according to the provisions of Articles 25a and 14 par 2 of the Greek Competition (...)

The UK Competition and Markets Authority fines online retailers for using automated repricing software to implement an illegal cartel (Trod / GB Posters)
United Kingdom’s Competition Authority - CMA (London)
Online seller admits breaking competition law* An online seller has agreed to accept a fine after admitting using automated repricing software to implement an illegal cartel. Trod Limited has admitted agreeing with one of its competing online sellers, GB eye Limited (trading as ‘GB Posters’), (...)

The Hellenic Competition Authority introduces settlement procedure for cartels
Hellenic Competition Authority (Athens)
HCC introduces settlement procedure for cartels* By its unanimous Decision No. 628/2016, the Hellenic Competition Commission (HCC) established the terms and conditions of the settlement procedure in cartel cases, according to the provisions of Articles 25a and 14 par 2 of the Greek Competition (...)

The EU Court of Justice clarifies when an undertaking can be held liable for the anticompetitive behaviour of an independent service provider (VM Remonts)
Van Bael & Bellis (Brussels)
In VM Remonts, the Court of Justice furst reiterated the established case-law on the liability of an undertaking for the conduct of an independent service provider: an undertaking may be held liable if the service provider acts under the direction or control of the undertaking concerned, and is (...)

Advocate General Szpunar renders an opinion on publication of information about the functioning of an illegal cartel acquired via leniency statements (Evonik Degussa)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
Presenting public knowledge: Leniency programmes and cartels* By his opinion of 21 July 2016 in Case C-162/15 P, Evonik Degussa, Advocate General (AG) Maciej Szpunar of the EU Court of Justice confirmed that information on the functioning of a clandestine cartel, even when it originates from (...)

The EU Commission imposes record-breaking fines of € 2.9 billion against truck producers (MAN / Volvo / Renault / Daimler / Iveco / DAF)
Van Bael & Bellis (Brussels)
On 19 July 2016, the Commission announced it had adopted a decision under the cartel settlement procedure fining truck producers a record breaking € 2.9 billion for their participation in a cartel on the market for medium and heavy trucks. The companies involved in the decision are MAN, (...)

The EU Commission imposes a cartel fine totalling €2.93 billion on four truck producer for coordinating their factory prices of trucks, new emissions technologies and their introduction in the market (MAN / Volvo / Renault / Daimler / DAF)
McDermott Will & Emery (Brussels)
THE EUROPEAN COMMISSION FINES TRUCK MANUFACTURERS A RECORD €2.93 BILLION FOR CARTEL CONDUCT* On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by the EU (...)

The Hellenic Competition Authority opens an ex-officio investigation into the luxury cosmetics market (L’Oréal)
Hellenic Competition Authority (Athens)
Ex-officio investigation into the luxury cosmetics market, for alleged infringements of competition rules.* Ex-officio investigation into the luxury cosmetics market, for alleged infringements of competition rules. The Grand Chamber of the HCC will convene on the 13th of October 2016 to (...)

The EU General Court rules that a parent company cannot be held liable for aggravated circumstances of a subsidiary’s conduct prior to the date of its acquisition (Parker Hannifin)
Van Bael & Bellis (Brussels)
Under settled case law, a subsidiary and its parent company may be regarded as forming a single economic unit for the purpose of EU competition law. In such case, the Commission may be entitled to hold the parent company jointly and severally liable for the unlawful conduct of its subsidiary (...)

The Dutch Supreme Court accepts passing-on defence in private enforcement litigations (TenneT / Gas-insulated Switchgear)
Van Bael & Bellis (Brussels)
On 8 July 2016, the Dutch Supreme Court (“the Court”) handed down a judgment upholding the availability of the passing-on defense in private enforcement litigation. The ruling resulted from a civil claim for damages brought by the electricity company TenneT against the gas-insulated switchgear (...)

The French Competition Authority adopts a settlement decision concerning a case involving companies active in the distribution of consumer goods overseas (Henkel)
French Competition Authority (Paris)
Exclusive distribution of consumer goods in overseas territories – Settlement* Within the framework of a settlement between all the parties, the Autorité de la concurrence fines Henkel and its wholesaler-importers in several overseas departments €600,000. In brief The Autorité de la (...)

The Indian Competition Appellate Tribunal reverses the Competition Authority’s decision and removes penalties for cartelization in packaging materials for sugar (Indian Jute Mills Association / Gunny Trade Association)
Vaish (New Delhi)
COMPAT sets aside CCI order penalizing Jute Mills Association for alleged cartelization for packaging material for sugar, etc.* COMPAT by its order dated July 1, 2016 has over-ruled the order of CCI wherein the Indian Jute Mils Association (IJMA) and Gunny Trade Association (GTA) were (...)

The Spanish Competition Authority fines 8 companies and 9 of their executives for their involvement in a cartel and bid rigging case in the public procurement process on the national railway market (Infraestructuras Ferroviarias)
European Commission (Brussels)
The CNMC fines four companies and nine of their executives € 5.64 million for dividing up the awards for supplying ADIF with rail turnouts* The CNMC fined € 5.58 million Amurrio Ferrocarril y Equipos, S.A, Jez Sistemas Ferroviarios, S.L., Talleres Alegría, S.A. and Duro Felguera Rail, S.A.U for a (...)

The US Supreme Court reviews the a decision from the Court of Appeals on standing in antitrust cases (Visa / Mastercard)
Wolters Kluwer (Riverwoods)
Supreme Court Agrees to Consider Sufficiency of Antitrust Conspiracy Allegations in the Context of Business Associations*Last week, the U.S. Supreme Court wrapped up its regular business for the October 2015 term, but not before deciding to put an antitrust case on the docket for the next term. (...)

The Indian Competition Authority clarifies that mere collusion or coordination is not enough to hold undertakings in contravention of the provisions of the Competition Act (Shri Nirmal / Ruchi Soya / Betul Oils / Ganganagar)
Vaish (New Delhi)
CCI: Mere collusion or coordination is not enough to hold the Parties in contravention of the provisions of the Competition Act* The CCI, by way of its order dated June 28, 2016 held that M/s Ruchi Soya Industries Ltd., M/s Betul Oils Ltd and M/s Ganganagar Commodity Ltd. were not in (...)

The German Competition Authority issues its annual report for 2015
German Competition Authority (Bonn)
2015 Annual Report of the Bundeskartellamt* Today, the President of the Bundeskartellamt, Andreas Mundt, presented the authority’s annual report for 2015. Digital economy New digital products and business models have created new challenges for competition policy and competition law (...)

The EU Court of Justice holds that the Commission is entitled when calculating a fine to refer to the last business year that corresponds to a full year of normal activity (Pre-stressing steel cartel)
Van Bael & Bellis (Brussels)
Under Article 23(2) of the Regulation on the Implementation of the Rules on Competition, a fine imposed for competi- tion law infringements should not exceed 10 percent of the undertaking’s total turnover in the business year preceding the decision in which the Commission imposes the fine. In (...)

The Belgian Competition Authority adopts a settlement decision concerning market sharing agreements concluded between SMEs in the regular river cruise sector (Dinant / Les Bateaux mouches)
Belgian Competition Authority (Brussels)
The Investigation & Prosecution Service of the Belgian Competition Authority adopts a settlement decision for market sharing agreements between SMEs in the regular river cruise sector and imposes a fine amounting to 64,100 euros* The Investigation & Prosecution Service of the Belgian (...)

The Spanish Competition Authority fines 8 manufacturers, their business associations and 4 executives for a long-term cartel in the adult diapers market (AIO)
European Commission (Brussels)
The CNMC fines eight manufacturers of adult nappies, their business association and four executives the sum of €128.8 for forming a cartel* The CNMC has found evidence of an infringement of Article 1 of the Defence of Competition Act, 15/2007, of 3 July, and Article 101 of the Treaty on the (...)