1. Introduction The last special issue on collective dominance, by Nicolas Petit and Norman Neyrinck in October 2011, focussed mainly on the requirement of dominance. The authors provided a comprehensive overview of the application of EU law to the concept of collective dominance in merger control cases at a national level. To complement this earlier work, I propose to use this opportunity (...)
Collective dominance
Dominance
The Spanish Competition Authority publishes a study on the national online advertising sector
The CNMC publishes a study on the online advertising sector in Spain* It analyses the competition conditions and warns that there is a high concentration level. It estimates that Google and Facebook absorb more than 70% of the market revenue. It points out risks such as opacity and other (...)
The UK Competition Authority publishes a statement outlining a series of regulatory initiatives aimed at tech giants
On 1 July 2020, the U.K. Competition and Markets Authority (CMA) published a statement outlining a series of regulatory initiatives aimed at Google and Facebook, focused on digital advertising. This follows the release of the CMA’s report on digital advertising and online platforms the same (...)
The UK Competition Authority calls for a new regime regulating tech giants
New regime needed to take on tech giants*
The CMA is calling on the government to introduce a new pro-competition regulatory regime to tackle Google and Facebook’s market power.
The dynamic nature of digital advertising markets and the types of concerns identified by the Competition and (...)
The UK Communications Regulator announces that it will refer the national cloud communications market to the Competition Authority for a deeper investigation (Amazon / Microsoft)
The UK communications regulator and concurrent competition authority, Ofcom, announced on April 5 its proposal to refer the UK cloud services market to the Competition and Markets Authority (CMA) for further investigation. This coincided with publication of the interim report of Ofcom’s market (...)
The French Court of Appeal overturns the Competition Authority’s €444M fine on three laboratories for abuse of collective dominance in the pharma sector through a disparaging campaign against an "off-label" competitor (Novartis / Roche / Genentech)
The Court of Appeal quashed the French Competition Authority’s decision fining Novartis, Roche and Genentech EUR 444 million for abusing their collective dominant position, providing welcome clarity on the legal test to assess communications by pharmaceutical companies to the public and to (...)
The Belgian Competition Authority imposes a fine of €2.7M for abuse of dominance on a pharmaceutical company (Novartis)
The Belgian Competition Authority imposes a fine of EUR 2 782 808 on Novartis for abuse of dominant position*
The Competition College of the Belgian Competition Authority has on 23 January 2023 imposed a fine of EUR 2,782,808 on Novartis Pharma SA en Novartis AG (hereafter Novartis) for the (...)
The Portuguese Competition Authority accuses a corporate group of abusing its dominant position in the payments sector
The AdC accused a corporate group of abusing its dominant position in the payments sector*
The Portuguese Competition Authority (Autoridade da Concorrência, AdC) issued a Statement of Objections against a corporate group for tying behavior which may restrict competition and innovation in the (...)
The UK Competition Authority publishes a market study accusing two Big Tech companies of creating a duopoly in the market for mobile devices (Apple / Google)
Mobile devices, and the ecosystem of products, content, and services associated with them, are already central to our lives. The fundamental importance of these ecosystems, which are international in scope, is only set to increase, as the network of connected products and services extends into (...)
The Russian Competition Authority launches an investigation into the actions of 2 glass companies for possible abuse of dominance (Salavatsteklo / Guardian Glass)
FAS Russia initiated a case in the glass market*
The agency perceives in the actions of Salavatsteklo and Guardian Glass signs of abuse of a dominant position
In connection with the received statements about the increase in the cost of building materials, including flat glass, the FAS (...)
The Danish Maritime and Commercial High Court confirms the Competition Authority’s decision stating that a German engine manufacturer abused its dominant position (Deutz / Diesel Motor Nordic)
Danish Maritime and Commercial High Court: Deutz and Diesel Motor Nordic infringed competition legislation by preventing the supply of spare parts for the IC3-trains*
On 11 January 2021, the Maritime and Commercial High Court has confirmed that Deutz abused its dominant position by refusing (...)
The Mexican Competition Authority investigates possible relative monopolistic practices in the market for the supply, distribution, and retail sale of consumer goods and related services
COFECE investigates possible relative monopolistic practices in the market for the supply, distribution and retail sale of consumer goods and related services* This investigation shall not be understood as a prejudgment, but as an action of the authority to verify compliance with the Federal (...)
The French Competition Authority fines 3 laboratories for abusive efforts to segment the market (Novartis ; Roche ; Genentech)
Background
On 9 September 2020, the French Competition Authority (the “FCA”) imposed a fine of € 444 million on Genentech, Novartis and Roche for abusing their collective dominant position on the market for the commercialisation of drugs for the treatment of age-related macular degeneration (...)
The French Competition Authority imposes a fine worth a total of €444 million on three pharmaceutical companies for collective abuse of dominance practices designed to sustain the sale of an expensive drug (Novartis ; Roche ; Genentech)
The French Competition Authority ("FCA") has issued a rare decision sanctioning three laboratories active in treatment of age-related macular degeneration on the basis of collective abuse of dominance practices designed to sustain the sale of an expensive drug, Lucentis, to the detriment of a (...)
The French Competition Authority fines three laboratories for abusive practices (Novartis ; Roche ; Genentech)
Treatment for AMD: the Autorité fines 3 laboratories for abusive practices*
The Autorité de la concurrence has imposed fines worth a total of €444 million on three pharmaceutical companies, Novartis, Roche and Genentech, for abusive practices designed to sustain the sales of Lucentis for AMD (...)
The Lithuanian Competition Authority adopts guidance on main criteria used in the assessment of undertakings’ dominance
Konkurencijos taryba approves explanations concerning the assessment of a dominant position*
Konkurencijos taryba has adopted the guidance indicating the main principles and criteria used when assessing if an undertaking holds a dominant position, as well as its position in the relevant (...)
The Dutch Trade and Industry Appeals Tribunal reverses a decision of the Competition Authority requiring telecom providers to open up their fixed networks in the Netherlands to other providers (KPN / VodafoneZiggo / T-Mobile / Tele2)
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“CBb”) reversed the 2018 decision of the Authority for Consumers and Markets (“ACM”) requiring telecom providers KPN and VodafoneZiggo to open up their fixed networks in the Netherlands to other providers.
In September 2018, (...)
The Slovenian Competition Authority accepts commitments by the incumbent gas importer and supplier addressing concerns relating to long-term contracts on natural gas supply with industrial customers (Geoplin)
Introduction
On 10 November 2017, the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) has adopted a decision that renders legally binding the commitments offered by GEOPLIN LLC. (hereinafter referred to as GEOPLIN ), incumbent gas importer and supplier in the (...)
The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a global media company in the national cinema market (K Sera Sera Digital Cinema / NBC Universal)
CCI dismisses cases against M/s NBC Universal Media Distribution Services Pvt. Ltd for anticompetitive agreements and abuse of dominant position*
CCI by its order dated June 4, 2015 dismissed case against NBC Universal Media Distribution Services Pvt. Ltd (NBC), M/s UFO Movies India Ltd (...)
The Court of Almaty finds legal the decisions of Kazakhstan Antimonopoly Agency against a cellular operator based on its abuse of dominance in the market (JSC Kcell)
Facts
JSC KCELL is registered with the State Register of dominants/mpnopolists, within the geographic boundaries of the Republic of Kazakhstan by «cellular services» type of activity in the aggregate proportion of over 50% with «KaR-Tel» LLP. The Agency of the Republic of Kazakhstan for (...)
The Russian Competition Authority sanctions the main suppliers of cards for tachographs for abuse of dominance (RusAvtoKart)
The leading suppliers of cards for tachographs abused market dominance*
The Federal Antimonopoly Service (FAS Russia) found that the main suppliers of cards for tachographs – “RusAvtoKart” Ltd., “RusTAKHONET” OJSC and “NIIAT” OJSC violated the Law “On Protection of Competition” (Clause 1 (...)
The Finnish Competition Authority issues report on collective management organisations and the promotion of healthy competition in the market of the copyrighted works (Teosto / Gramex / Kopiosto / Tuotos)
Finnish Competition and Consumer Authority: Numerous problems on the copyright market*
The ambiguity of the legislation and the complexity of the market serve to fortify the monopoly of the collective management organisations on the market, says the Finnish Competition and Consumer Authority (...)
The Bosnia & Herzegovina Court upholds the infringment decision of the Competition Authority concerning abuse of dominant positions on the market for fast money transfer services (Raiffeisen Bank)
On 6 November 2012 the Competition Authority of Bosnia & Herzegovina (KV) found that four Western Union agents have abused their collective dominant position on the market for fast money transfer services by including the exclusivity clauses in their cooperation agreements with the banks (...)
The Italian Supreme Court confirms a rejection of damages claim for alleged abuse of collective dominance (Delta Impianti)
On 5 March 2014, the Italian Supreme Court upheld a judgment of the Court of Appeals of Catania, dated 2 May 2006, which rejected a damages claim for alleged abuse of collective dominance consisting in the imposition of unfair prices and other trading conditions, as well as in discriminatory (...)
The Lithuanian Competition Authority fines two retailers for imposing unfair conditions on their food and drinks suppliers (Norfos mazmena / Rivona)
On January 24 2014 Competition Council of the Republic of Lithuania (LCC) fined two retailers - Norfos Mažmena, UAB Norfa, UAB (Norfa) and Rivona, UAB (Rivona) – for establishing provisions in their wholesale and purchase agreements which failed to comply with the requirements of the Law on (...)
Mergers
The EU Commission orders the US genomics company that produces next generation sequencing systems to unwind its completed acquisition of a nascent rival which is active in the development of blood-based cancer detection tests that result from genomic sequencing (Illumina / Grail)
On 12 October 2023, the European Commission (the Commission ) ordered Illumina, the US genomics company that produces next generation sequencing systems, to sell Grail, the developer of blood-based cancer detection tests that result from genomic sequencing, and restore the situation which (...)
The US FTC sues a private equity firm over an alleged anticompetitive scheme to suppress competition in anesthesiology practices through roll-up acquisitions (USAP / Welsh Carson)
FTC Sues Private Equity Fund and U.S. Anesthesia Partners Over Alleged ‘Roll Up’ Acquisitions, ‘Anticompetitive Scheme’*
For the first time, the FTC has focused merger enforcement action on the so-called “roll up” strategy often employed by private equity firms investing in the health care (...)
The German Competition Authority unconditionally clears a merger between two swimming pool equipment companies after an in-depth investigation because the merger remains under the legal thresholds for a prohibition (Fluidra / Meranus)
Pool equipment industry: Bundeskartellamt clears merger between Fluidra and Meranus*
Bonn, 23 June 2023: Following an in-depth examination, the Bundeskartellamt has cleared plans by Fluidra Commercial S.A.U, Sant Cugat del Vallès, Barcelona, Spain (“Fluidra”), to acquire Meranus Gesellschaft (...)
The German Competition Authority clears the takeover of a petrol station network on the condition that 48 service stations be sold to third companies (EG Group / OMV Retail)
Acquisition of OMV petrol station network by EG Group (Esso) cleared under the condition that 48 service stations be sold to third companies*
Today the Bundeskartellamt has cleared plans by EG Group Limited, Blackburn/UK, which operates the ESSO service station network in Germany, to acquire (...)
The German Competition Authority clears a TV company’s takeover of remaining stocks in a children’s channel (RTL / SuperRTL)
Bundeskartellamt clears merger between RTL and SuperRTL*
The Bundeskartellamt has today cleared the merger between Bertelsmann SE & Co. KGaA (RTL Group) and RTL Disney Fernsehen GmbH & Co. KG (SuperRTL) in the first phase of merger control. RTL already holds 50% of the shares in the (...)
The US DOJ announced that the second and third largest textbook publisher abandoned their merger after the DOJ expressed serious concerns about the harm to competition (McGraw-Hill Education / Cengage Learning)
Cengage and McGraw-Hill Terminate Merger Agreement in Response to Antitrust Concerns*
Cengage Learning Holdings II Inc. and McGraw-Hill Education Inc. mutually agreed to abandon their plans to merge after the Department of Justice informed the companies it had serious concerns that the (...)
The German Higher Regional Court in Düsseldorf upholds the Competition Authority’s decision to prohibit a merger between two supermarket chains (EDEKA / Kaiser’s Tengelmann)
Düsseldorf Higher Regional Court confirms prohibition of EDEKA/Kaiser’s Tengelmann merger*
Bonn, 24 August 2017: Yesterday the Düsseldorf Higher Regional Court rejected appeals filed by EDEKA and Kaiser´s Tengelmann against the Bundeskartellamt’s prohibition of the merger between the super (...)
The Indian Competition Authority approves a merger of two global pharmaceutical companies subject to divestitures in seven markets for different formulations (Sun Pharma / Ranbaxy)
Sun-Ranbaxy deal got conditional approval from CCI*
CCI vide its order dated December 5, 2014 has conditionally approved the proposed merger between Sun Pharma and Ranbaxy (collectively called as “parties”), subject to the parties inter alia carrying out the divestiture of their products (...)
Regulations
The Cypriot Parliament enacts a new competition framework that enhances the Competition Authority’s regulatory powers and transposes the ECN+ Directive into national legislation
Cyprus has enacted a new competition framework, which introduces additional powers for the Cyprus Commission for the Protection of Competition (the CPC). The new legislation consolidates previous statutes regulating collusive conduct, abuses of dominance and abuses of relationships of (...)
The Hungarian Competition Authority initiates its first proceedings under the new Trade Act aiming to expand consumer choice of beverages in the catering sector (KFC / Burger King / Heineken / Dreher/ Borsodi)
The GVH started the new year with 5 proceedings at a time - increased supervision over the procurement of beverages in the catering sector*
6 January 2022, Budapest – The Hungarian Competition Authority has launched its firsts proceedings to enforce provisions of the Trade Act related to the (...)
The OECD holds a roundtable on big data
Executive summary, by the Secretariat *
The 126th meeting of the Competition Committee held a Hearing on 29 November 2016 to discuss Big Data and the challenges of adapting competition policy to the digital economy. Considering the background note prepared by the OECD Secretariat with the (...)
Anticompetitive practices
The Brazilian Competition Authority fines 3 companies and 13 individuals for a cartel in the sodium silicate market (Manchester Química / Unaprosil / Perquímia)
CADE fines over 60 million reais for a cartel in the sodium silicate market*
The authority fined companies and individuals for the anticompetitive conduct
In the hearing of 9 November, the Administrative Council for Economic Defense (CADE) convicted the companies Manchester Química, (...)
The Amsterdam Court of Appeal rules that two Dutch collective rights organisations abused their joint dominant position by applying unequal conditions when licensing music to businesses (Buma / Stemra)
Introduction
The Court of Appeal of Amsterdam (Gerechtshof Amsterdam) ruled that Dutch collective rights management organisations ‘Buma’ and ‘Stemra’ abused their (joint) dominant position by applying unequal conditions in relation to business licensing of music for use in cafés, (...)
The Mexican Competition Authority announces possible collusion in the market for production, distribution and commercialization of corn tortilla
COFECE notifies several economic agents of a statement of probable responsibility for a possible collusion in the sale of tortillas in Huixtla, Chiapas* The Investigative Authority concluded its inquiry and issued the statement in which it indicates the probable existence of collusion. With (...)
The Dutch Competition Authority suspends its investigation into a possible price-fixing cartel between several supermarkets due to the conclusion of a new collective agreement
ACM suspends investigation into possible wage-fixing cartel between supermarkets after conclusion of collective agreement*
There are indications that several supermarkets in February made arrangements regarding a limited wage increase of 2.5 percent for their employees. This was found by the (...)
The Latvian Competition Authority signs a settlement with a municipality and two waste management companies and fines them for committed competition distortions in the waste management market (Riga Municipality / Getliņi EKO / Tīrīga)
The CC concludes a settlement with Riga Municipality and SIA “GETLIŅI EKO” on the committed competition distortion in the waste management area in the so-called “Tīrīga case”*
On 16 July, the Competition Council of Latvia (the CC) signed a settlement with Riga City Municipality and SIA (...)
The Indian Competition Authority investigates allegations regarding the anti-competitive agreements between e-commerce marketplaces (Amazon / Flipkart)
The Competition Commission of India (CCI) has directed an investigation into allegations of anti-competitive agreements between e-commerce marketplaces Amazon and Flipkart, on the one hand, and sellers on these marketplaces, on the other.
A Delhi based traders’ body alleged that Amazon and (...)
The Turkish Competition Authority finds no evidence on exclusionary practices by incumbents against a new entrant in the market for meal cards (Metropal)
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 Cypriot Competition Authority fines several banks for anticompetitive practices in the card payment market (JCC )
The Commission for the Protection of Competition with its decision no. 6/2016 dated 27/01/2016 imposed on JCC Payment Systems Limited, Bank of Cyprus Public Company Ltd, Marfin Popular Bank Public Co Ltd, Hellenic Bank Public, USB Bank Plc, Alpha Bank Cyprus Ltd, Emporiki Bank of Cyprus Ltd, (...)
The Cypriot Competition Authority imposes €31M fine on nine commercial banks for anticompetitive practices (JCC)
On 27/01/2016 the Cyprus Commission for the Protection of Competition (“CPC”) ended its investigation against eight commercial banks (Bank of Cyprus Public Company Ltd (“BOC”), Marfin Popular Bank Public Co Ltd (“Marfin”), Hellenic Bank Ltd (“Hellenic Bank”), Alpha Bank Cyprus Ltd (“Alpha (...)