Commitment Decisions

Anticompetitive practices

The EU Commission accepts remedies proposed by two financial services companies to cut inter-regional interchange fees (Mastercard / Visa)
DG COMP (Brussels)
Antitrust: Commission accepts commitments by Mastercard and Visa to cut inter-regional interchange fees* The European Commission has made commitments offered by Mastercard and Visa legally binding under EU antitrust rules. The companies will significantly reduce (on average by around 40%) (...)

The EU Commission accepts remedies proposed by entertainment companies ending competition concerns in the pay-TV services market (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)
DG COMP (Brussels)
Antitrust: Commission accepts commitments by Disney, NBCUniversal, Sony Pictures, Warner Bros. and Sky on cross-border pay-TV services* The European Commission has made commitments offered by Disney, NBCUniversal, Sony Pictures, Warner Bros. and Sky legally binding under EU antitrust rules. (...)

The EU Commission accepts final commitments in a cross-border access to pay-TV case (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)
Van Bael & Bellis (Brussels)
According to a press release issued on 7 March 2019, the European Commission (“Commission”) has formally accepted the commitments offered by Disney, NBC Universal, Sony Pictures, Warner Bros. and Sky in Case 40.023, Cross-border access to pay-TV, under Article 9 of Regulation 1/2003. The (...)

The UK Competition Authority releases a market study in which it proposes reforms to improve competition in the audit sector
British Competition Authority - CMA (London)
CMA proposes reforms to improve competition in audit sector* Improvements to the independence and the quality of audits are the focus of the CMA’s market study update. The Competition and Markets Authority (CMA) has published an update paper outlining serious competition concerns and proposing (...)

The COMESA Competition Commission’s second investigation into restrictive vertical distribution ends with a beverage company avoiding a fine after agreeing to eliminate price maintenance clauses (Coca-Cola)
Primerio (Washington)
COMESA’S SECOND RESTRICTIVE TRADE PRACTICES INVESTIGATION ENDS INCONCLUSIVELY* Having now concluded two non-merger cases (the first was an exclusivity issue in football broadcasting and sponsorship agreements, see here), the COMESA Competition Commission’s (“CCC”) second investigation into (...)

The EU Commission invites interested parties to comment on the commitments offered by two credit card companies to address competition concerns relating to inter-regional interchange fees for card payment transactions (Mastercard II / Visa)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Visa and Mastercard on inter-regional interchange fees* The European Commission is inviting comments from interested parties on commitments offered separately by Visa and Mastercard to address competition concerns relating to (...)

The Indian National 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 Associates (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 French Competition Authority fines a human resource consulting firm for non-compliance with certain remedies addressing practices implemented in the temporary employment sector (Randstad)
French Competition Authority (Paris)
Temporary employment sector* The Autorité de la concurrence fines Randstad 4.5 million euros for non-compliance with certain commitments undertaken in 2009 The Autorité de la concurrence today issues a decision imposing a joint fine on companies Groupe Randstad France SAS, Randstad SAS, (...)

The Supreme Court of India rules that the appellate tribunal was not legally justified in dismissing the appeal of a cartel case (Himmatlal Agrawal / Competition Commission of India)
Vaish Associates (New Delhi)
Supreme Court limits NCLAT’s appellate jurisdiction* The Supreme Court of India in its judgement dated May 18, 2018 in M/s B. Himmatlal Agrawal v. Competition Commission of India, Civil Appeal No. 5029/2018 has set aside the NCLAT’s order and restored the appeal dismissed by the NCLAT. The (...)

The Italian Competition Authority clears a horizontal cooperation agreement in the telecommunication sector by a commitment decision (Flash Fiber)
Desogus Law Office (Cagliari)
In the Flash Fiber case the Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation into a horizontal cooperation agreement concerning the telecommunication sector. After the implementation of the commitments agreed with the parties, the ICA (...)

The French Competition Authority closes its investigation into agricultural tractor manufacturers after ensuring that they change their commercial practices with dealers in order to strengthen competition and diversify supply (John Deere / AGCO)
French Competition Authority (Paris)
Sale of agricultural tractors* The Autorité closes the investigation against agricultural tractor manufacturers John Deere and AGCO (Massey Ferguson, Fendt, Laverda and Valtra). It has ensured that the manufacturers change their commercial practices in respect of dealers in order to (...)

The Spanish Supreme Court voids an exclusive-supply agreement in the energy sector that was previously subject to a commitments decision by the EU Commission (Repsol)
Van Bael & Bellis (Brussels)
Spain’s Supreme Court has voided a contract including an exclusive-supply clause in favour of Repsol, following a judgment of the Court of Justice of the European Union (“ECJ”) in which the ECJ confirmed that national courts are not precluded from assessing potentially anti-competitive agreements (...)

The Greek Competition Authority accepts remedies addressing competition concerns related to franchise agreements in the pizza market (Roma Pizza)
Hellenic Competition Authority (Athens)
HCC has accepted commitments proposed by Roma Pizza S.A. to address competition concerns with regard to the terms of its franchise / distribution system following a complaint by former franchisees* By its unanimous decision no. 639/2017, the Chamber of the Hellenic Competition Commission (...)

The Danish Competition Authority accepts remedies proposed by companies in a case concerning an agreement relating to the supply of cash handling and transportation services (Loomis)
Danish Competition and Consumer Authority (Copenhagen)
Commitment decision on free choice of provider of cash handling and cash transportation services* The Danish Competition and Consumer Authority (“DCCA”) has accepted commitments offered by the parties in a case concerning an agreement on supply of cash handling and transportation services. The (...)

The Irish Competition Authority secures commitments from a number of universities to change their procurement practices in the supply of graduation gowns (National University of Ireland / Trinity College Dublin / Dublin City University / University of Limerick)
Irish Competition Authority (Dublin)
CCPC secures commitments in the supply of graduation gowns* The Competition and Consumer Protection Commission (CCPC) has secured Commitments from a number of Irish universities to change their procurement practices in the supply of graduation gowns. Following a complaint, the CCPC sought (...)

The EU Court of Justice deals a blow to the Commission’s power to close antitrust investigations with commitment decisions by ruling that commitment decisions do not preclude national courts from examining whether agreements comply with antitrust rules (Gasorba / Repsol)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled that (...)

The German Competition Authority announces fines of € 110 million cannot be collected from a sausage cartel due to its members using an old legal loophole of internal restructuring (Bell Deutschland)
European Commission (Brussels)
"Sausage gap" - Further fines amounting to approx. 110 million euros cease to apply because of internal restructuring measures* In the sausage cartel case the Bundeskartellamt has to terminate further proceedings because the companies were able to make use of a legal loophole which existed (...)

The Croatian Competition Authority accepts remedies proposed by companies operating in the marine engines market (Duing / Fred Bobek)
Croatian Competition Agency (Zagreb)
Accepted Commitments by Duing and Fred Bobek* The Croatian Competition Agency (CCA) closed two proceedings for the establishment of prohibited agreements by accepting commitments proposed by the parties concerned – Duing d.o.o. from Viškovo and Fred Bobek d.o.o. from Vodice active in the sales (...)

The EU Commission accepts commitments to remove most favoured nation clauses from e-book distribution agreements (Amazon)
Van Bael & Bellis (Brussels)
On 4 May 2017, the European Commission (“Commission”) announced that it had accepted, pursuant to Article 9 of Regulation (EC) No.1/2003, to make binding commitments that Amazon offered ending the use of parity clauses in distribution agreements with electronic book (“e-book”) publishers. These (...)

The German Competition Authority ends proceedings against a dominant firm on the antennas market (Funkturm)
German Competition Authority (Bonn)
Bundeskartellamt ends proceedings against Deutsche Funkturm after pricing structure amendments* The Bundeskartellamt has terminated the administrative proceedings which it initiated against Deutsche Funkturm GmbH, Münster in January 2015. In the proceedings the authority investigated suspected (...)

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

The OECD holds a session on competition and sanctions in antitrust cases
OECD - Competition Division
Competition authorities have imposed substantial fines for competition law violations over the last few decades. Several common steps are observed in setting fines: (i) determination of basic fine; (ii) adjustments (including aggravating and mitigating circumstances); (iii) comparisons to (...)

The EU Court of Justice accepts use of "sure refund" good conduct guarantees in public procurement litigation (Star Storage)
University of Bristol - Law School
ECJ deviates from AG Sharpston’s opinion and accepts use of "sure refund" good conduct guarantees in public procurement litigation (C-439/14 and C-488/14)* In its Judgment of 15 September 2016 in Star Storage, joined cases C-439/14 and C-488/14, EU:C:2016:688, the European Court of Justice (...)

The Croatian Competition Authority accepts remedies proposed by a distributor of motor vehicle parts and accessories suspected to have concluded anticompetitive vertical agreements (Drezga)
Croatian Competition Agency (Zagreb)
CCA accepted committments by Drezga d.o.o.* The Croatian Competition Agency (CCA) opened the ex-officio infringement proceeding against the undertaking Drezga d.o.o., an authorised distributor for Husqvarna Group products, based on the fact that the contracts this undertaking concluded with (...)

The UK Competition Authority issues its final report on private healthcare
British Competition Authority - CMA (London)
CMA publishes final report on private healthcare remittal* The CMA has decided, following new evidence, that extra remedies in London’s private healthcare market would not be proportionate. The Competition Commission, a predecessor body of the Competition and Markets Authority (CMA), started a (...)

The EU Commission accepts commitments that correct passive sales restrictions caused by geo-blocking of audio-visual content (Paramount)
Van Bael & Bellis (Brussels)
On 26 July 2016, the Commission made legally binding the commitments offered by Paramount Pictures (“Paramount”) as it considered that they adequately addressed its concerns regarding specific contractual clauses restricting passive sales. In July 2015, the Commission had expressed concerns that (...)

The EU Commission accepts commitments on geo-blocking practices restricting passive sales of audio-visual content (Paramount)
Fieldfisher (London)
Territorial restrictions in media content licensing – lessons from the Paramount commitments decision* The European Commission’s battle against territorial restrictions in media content licences continues on a number of fronts. One of those is an investigation launched in January 2014 into (...)

The EU Commission accepts remedies proposed by container liner shipping companies on price transparency (CMA CGM)
DG COMP (Brussels)
Antitrust: Commission accepts commitments by container liner shipping companies on price transparency* The European Commission has adopted a decision that renders legally binding the commitments offered by fourteen container liner shipping companies. The commitments aim to increase price (...)

The OECD holds a roundtable on commitment decisions in antitrust cases
OECD - Competition Division
Executive summary, by the Secretariat* Considering the discussion at the roundtable on commitment decisions in non-merger cases, held by the Competition Committee on 17 June 2016, the Secretariat’s background paper, the delegates’ written submissions and presentations by the speakers, several (...)

The Hong Kong Competition Authority welcomes the action of an association ending a practice of retail price fixing of cigarettes (Newspaper Hawker Association)
Hong Kong Competition Commission
Competition Commission welcomes quick rectification by Hong Kong Newspaper Hawker Association on retail price of branded cigarettes* The Competition Commission (Commission) today (31 May) welcomes the quick action by the Hong Kong Newspaper Hawker Association (Association) to withdraw the (...)

The Moldovan Competition Authority accepts commitments from tour operators and airlines in the charter air passenger transport market (Scavolin)
Faculty of Law - University of Macau
On 4 November 2011 the Moldovan Competition Authority (CC) concluded its investigation into the alleged anti-competitive practices on the market for charter air passenger transport by accepting a series of commitments offered by the tour operators and airline companies involved. The case (...)

The EU Commission invites interested third parties to comment on the commitments proposed in the ongoing pay-TV investigation (Paramount Pictures)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Paramount Pictures in pay-TV investigation* The European Commission is inviting comments from interested parties on commitments offered by Paramount Pictures to address competition concerns relating to contractual clauses (...)

The Greek Competition Authority accepts commitments proposed by steel producers regarding exchange of information in the context of their trade association (Sidenor)
Hellenic Competition Authority (Athens)
The HCC accepts commitments by steel producers regarding the exchange of information in the context of their trade association, while further rejecting complaints about other alleged infringements in the markets for the production, distribution and accreditation of steel products* The HCC (...)

The EU Commission launches a market test on commitments offered by container liner shipping companies (CMA CGM)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by container liner shipping companies* The European Commission is inviting comments from interested parties on commitments offered by fifteen container liner shipping companies to address concerns relating to concerted practices. The (...)

The Danish Competition Authority accepts commitments proposed by independent building surveyors which resolve competition concerns (Botjek)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has made Botjek A / S’ commitments binding* Botjek A/S has proposed commitments in order to ensure that the members of the Botjek chain are free to compete with each other to perform building condition reports, reports on the conditions of electrical installations (...)

The German Competition Authority welcomes the fact that car retailers can cooperate with intermediaries for new cars (Ford)
German Competition Authority (Bonn)
Car retailers can cooperate with intermediaries for new cars. Restrictions imposed by manufacturers lifted following Bundeskartellamt proceedings.* In the spring of this year the Bundeskartellamt initiated proceedings against the automobile manufacturers Ford, Opel and PSA Peugeot Citroën for (...)

The Greek Competition Authority accepts the commitments proposed by manufacturers on the market for the sale of tobacco products (Philip Morris)
Hellenic Competition Authority (Athens)
HCC accepted commitments proposed by tobacco manufacturers to meet competition concerns in the market for the sale of tobacco products in Greece* The Hellenic Competition Commission (HCC), by a unanimous decision, accepted commitments proposed by the leading producers of tobacco products in (...)

The Ukrainian Antimonopoly Committee adopts recommendations for a new approach to calculating fines for competition law infringements
Arzinger & Partner (Kiev)
The Antimonopoly Committee of Ukraine Adopted the Methodology for the Fines Calculation* On 15 September 2015, the Ukrainian competition authority, the Antimonopoly Committee of Ukraine (the AMCU), adopted Recommendations on approaches for calculation of fines for competition law infringements (...)

The French Competition Authority obtains commitments from several mainland alcohol manufacturers aiming to stop the exclusive distribution of their products in the French overseas territories (Pernod-Ricard)
French Competition Authority (Paris)
Distribution of consumer goods in the French overseas territories* The Autorité de la concurrence has obtained from several mainland manufacturers their commitment to put an end to the exclusive distribution of their products in the French overseas territories and to implement a competitive (...)

The German Competition Authority condemns a manufacturer of running shoes for restricting the online sales activities of small and medium-sized authorised dealers (Asics)
German Competition Authority (Bonn)
Unlawful restriction of online sales of ASICS running shoes* The Bundeskartellamt has concluded its proceeding on anti-competitive clauses in the distribution system of ASICS Deutschland. The authority accuses ASICS of having restricted the online sales activities of small and medium-sized (...)

The Croatian Competition Authority accepts the commitments proposed by an undertaking in the market for the resale of pyrotechnic products (Orion)
Croatian Competition Agency (Zagreb)
CCA accepts committments made by Orion* The Croatian Competition Agency (CCA) accepted the commitments made by the undertaking Orion that will redress competition concerns and restore the normal competitive conditions in the resale of pyrotechnic products. Orion made the commitments on its own (...)

The Greek Competition Authority accepts commitments proposed by nine fuel trading companies to address competition concerns in the retail fuel market (EKO)
Hellenic Competition Authority (Athens)
HCC has accepted commitments proposed by 9 fuel trading companies to address competition concerns in the retail fuel market* By a unanimous decision, the Hellenic Competition Commission (HCC) accepted commitments proposed by 9 wholesale fuel companies, namely “HELLENIC FUELS S.A” (former BP (...)

The Swaziland Competition Authority imposes administrative fines on parties in the agriculture sector without any specific provisions providing for it (Eagles Nest)
Wallonia-Brussels Trade Commission - AWEX (Johannesburg)
The Swaziland Competition Commission power to impose administrative fines under spotlight* On Tuesday 14 July 2015, the Swaziland Competition Commission (the “SCC”) Board heard the substantive issues related to the anticompetitive behavior of Eagles Nest and Usuthu Poultry Farm (the “Parties”). (...)

The UK Competition and Markets Authority publishes a report setting out its provisional findings in a market investigation of the energy sector
Jones Day (London)
The UK Competition and Markets Authority ("CMA") published a report on 7 July 2015 setting out its provisional findings in a market investigation of the energy sector, in particular for gas and electricity at both wholesale and retail levels in the UK. Market investigations involve in-depth (...)

The Polish Competition Authority accepts commitments concerning online sales of prams and strollers (Emmaljunga)
Hansberry Tomkiel (Warsaw)
In its decision no RGD 2/2015 of 30th June 2015 (the “Decision”), the Polish Office for Competition and Consumer Protection (“Competition Authority”) accepted commitments proposed by the Poland-based company “Investment Trading Consulting” (“Company”), Polish exclusive distributor of prams and (...)

The OECD holds a roundtable on competition issues in liner shipping
OECD - Competition Division
Executive summary, by the Secretariat * Considering the discussion at the roundtable, delegates’ written submissions, and the Secretariat’s background paper, several key points emerge: (1) Since its inception, the ocean liner shipping industry has been governed by the so-called “conferences” – (...)

The French Competition Authority extends the commitments made in the case of inter-bank fees associated with card payments (Groupement des Cartes Bancaires)
French Competition Authority (Paris)
Extension of the commitments made by the Groupement des Cartes Bancaires (CB Bank Cards Group) to the Autorité de la concurrence regarding the level of inter-bank payment fees until the European regulation comes into force.* In 2011, within the context of the examination by the Autorité de la (...)

The Hungarian Competition Authority accepts the commitments offered by two companies operating in the market of card payment services and closes the cartel proceedings (MasterCard / OTP)
Hungarian Competition Authority (Budapest)
The case of MasterCard and OTP is closed by the acceptance of commitments* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) accepted the commitments offered by MasterCard Europe Sprl (MasterCard) and OTP Bank Nyrt. (OTP), through the implementation of which the undertakings (...)

The Italian Competition Authority accepts commitments to amend a co-marketing agreement in the pharmaceutical sector, and closes its antitrust investigation (Novartis / Italfarmaco)
Bonelli Erede (Rome)
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Bonelli Erede (Rome)
With Decision No. 25508 of 4 June 2015, the Italian Competition Authority (the “ICA”), accepted the commitments proposed by Novartis Farma S.p.A. (“Novartis”) and Italfarmaco S.p.A. (“Italfarmaco”, together the “Parties”) and closed the investigation opened following a complaint lodged by the (...)

The EU Commission approves commitments made by several airlines regarding the creation of a profit-loss sharing joint venture (Air France / Alitalia / KLM / Delta)
Covington & Burling (Brussels)
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Liège University - IEJE
I. The Parties The four involved parties are four of the main actors on the global airline market: (i) Société Air France (hereafter “Air France”); (ii) Alitalia Società Aerea Italia SpA (hereafter “Alitalia); (iii) Koninklijke Luchtvaart Maatschappij (hereafter “KLM”) and; (iv) Delta Air Lines (...)

The Italian Competition Authority issues a commitment decision and closes an investigation regarding contracts concluded between online booking websites and their partner hotels (Online Hotel Reservation)
Desogus Law Office (Cagliari)
By a commitment decision made on 21 April 2015 in the Mercato dei Servizi Turistici-Prenotazione Alberghiere Online case (thereinfter Online Hotel Reservation) the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation against Booking. The ICA has launched the (...)

The Italian Competition Authority fines several firms for breaching a previous commitment decision and cartelizing the maritime links across the Gulfs of Naples and Salerno (Organizzazione Servizi Marittimi nel Golfo di Napoli)
Desogus Law Office (Cagliari)
By a decision made on 28 January 2015 in the case Organizzazione Servizi Marittimi nel Golfo di Napoli (Gulf of Naples) the Italian Competition Authority (ICA) has imposed fines in excess of € 14 million on seven ferry operators (Alilauro, Alilauro Gruson, SLMGL, NLG, SNAV and Medmar Navi), two (...)

The Romanian Competition Authority imposes fines, for the first time, on several undertakings for failure to comply with their antitrust remedies in the mobile phone market (Avenir Telecom / Euronet Services / Professional Football League)
Romanian Competition Council (Bucharest)
For the first time: The Competition Council applies sanctions for failure to comply with the commitments* The Competition Council has sanctioned Avenir Telecom and Euronet Services companies and the Professional Football League (LPF) with fines totalling 705,079 lei (approx. 156,340 euros) for (...)

The Indian Competition Authority fines a trade association for price fixing and collective boycott (Film Distributors Association of Kerala)
Amit Sibal (New Delhi)
Film Distributor Trade Association fined for price fixing and collective boycott* In its last reported decisions of 2014, the Competition Commission of India (CCI), in two separate cases, fined the Film Distributors Association of Kerala (a state in India) 5% of its turnover (in each case) for (...)

The Italian Competition Authority decides that commitments submitted by pharmaceutical companies in order to alleviate competition concerns should have been published (Arca / Novartis-Italfarmaco)
DG COMP (Brussels)
The Italian Competition Authority (AGCM) decided that, according to Art. 14-ter of Italian Law 287/1990, the commitments that Novartis and Italfarmaco had submitted in order to alleviate concerns in terms of an alleged infringement of Art. 101 TFEU, should have been published, both in its (...)

The French, Swedish, and Italian competition authorities investigate "parity clauses" in the online hotel booking market (Booking.com)
European Commission (Brussels)
Launch of Simultaneous Market Tests in Investigations in Online Hotel Booking Sector* On 15 December 2014, the French, Swedish and Italian competition authorities launched market tests of commitments proposed by Booking.com in antitrust investigations in the online hotel booking sector. (...)

The Hungarian Competition Authority accepts the commitments of two water companies regarding the data used for the calculation of water needs and closes the antitrust proceedings against them (Fővárosi Vízművek / Fővárosi Csatornázási Művek)
Hungarian Competition Authority (Budapest)
The proceedings against Fővárosi Vízművek Zrt. and Fővárosi Csatornázási Művek Zrt. have ended with the acceptance of commitments* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) accepted the commitments of Fővárosi Vízművek Zrt. (FVM) and Fővárosi Csatornázási Művek Zrt. (FCSM), (...)

The French Competition Authority imposes fines on three removal companies for having presented cover quotes in order to distort competition in the military personnel relocation removals market (AGS Martinique / Martinique Déménagements / SMDTE)
French Competition Authority (Paris)
The Autorité de la concurrence fines three removal companies for having colluded in presenting cover quotes* The Autorité de la concurrence has issued a decision in which it fines three removal companies for having presented cover quotes in order to distort competition in the military personnel (...)

The Hellenic Competition Authority accepts the modifications of commitments concerning the supply of natural gas through electronic auctions (DEPA)
Hellenic Competition Authority (Athens)
HCC accepts the amendment of commitments concerning the supply of natural gas through electronic auctions, as proposed by DEPA* By its unanimous Decision No 618/2015, the Hellenic Competition Commission (HCC) accepted a proposal from DEPA to revise partly the commitments adopted with earlier (...)

The Polish Competition Authority monitors the implementation of commitments by an oil and gas exploration and production company to modify contractual relations with customers (PGNiG)
European Commission (Brussels)
UOKiK Monitors Implementation of Commitments by PGNiG to Modify Contractual Relations with Customers* On 17 October 2014, the Office of Competition and Consumer Protection (UOKiK) initiated proceedings to determine whether Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), Poland’s largest oil and (...)

The Lithuanian Competition Authority imposes fines on a bank for having implemented an anticompetitive agreement on the markets for cash handling and cash-in-transit services (G4S)
Lithuanian Competition Authority (Vilnius)
UAB G4S LIETUVA restricted competition within the markets of cash handling and cash-in-transit services* The Competition Council (KT) found that the actions of UAB G4S Lietuva (G4S) breached Article 5 of the Law on Competition and Article 101 of the Treaty on the Functioning of the European (...)

The Italian Competition Authority closes with commitments the investigation into a collective buying group and five large retail chains, ordering the winding-up of the buying group (Centrale Italiana)
Bonelli Erede (Rome)
With its decisions of 17 September 2014 the Italian Competition Authority (“ICA” or the “Authority”) closed with a commitment decision an investigation into the collective buying group Centrale Italiana S.c.a.r.l. (“Centrale Italiana”) and five competing large retail chains which are members of it (...)

The Chinese National Development and Reform Commission fines cement companies for price fixing and announces that more penalties are to come (Jilin Yatai / Northern Cement / Jidong Cement)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Three Cement Companies in Jilin Province Fined RMB 114 million for Price Fixing* On 9 September 2014, the NDRC announced that its local price bureau in Jilin Province, the Jilin Price Bureau, had fined 3 cement companies (Jilin Yatai, Northern Cement, and Jidong Cement) a total of RMB 114.39 (...)

The U.S. District Court for the Northern District of California holds that NCAA restrictions on college players exploiting and receiving licensing revenue from the use of their names, images and likenesses violates antitrust law (O’Bannon / NCAA)
Constantine Cannon (New York)
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Constantine Cannon (New York)
NCAA’s Loss In O’Bannon Trial May Be Only A Partial Victory For Competition* Although competition scored a win on Friday in the student athletes’ antitrust suit led by former UCLA basketball player Ed O’Bannon against the NCAA, it wasn’t a complete blowout. Judge Claudia Wilken of the U.S. (...)

The EU General Court upholds the Commission’s decision to make approval of German restructuring aid given to a financial institution conditional on divestment of public shareholdings (Westfälisch-Lippischer Sparkassen-und Giroverband / Commission)
College of Europe (Bruges)
*Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The Italian Competition Authority closes a case of alleged resale price maintenance in the food distribution sector with a commitment decision (Enervit)
Bonelli Erede (Rome)
With its decision of 20 November 2013, the Italian Competition Authority (“ICA” or “Authority”) initiated an investigation against Enervit S.p.A., a company active in the production and distribution of sport and diet food products (“Enervit” or the “Company”) , to verify if, in the vertical relations (...)

The Australian ACCC and ASIC issue new guidelines concerning the debt collection industry and the assessment of the risk of breaching competition, consumer and other relevant laws
Australian Competition and Consumer Commission (Canberra)
ACCC and ASIC revise guidelines for businesses and consumers about debt collection activities* The Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC) have launched an updated version of their ‘Debt collection guideline: for (...)

The Italian Competition Authority accepts commitments in a case concerning resale price maintenance by a producer of renewable energy converters (Power-One)
European Commission (Brussels)
Italy: The Italian Competition Authority accepts Commitments in Energy Converters Case* On 2 July 2014, the Italian Competition Authority (ICA) adopted a commitment decision in relation to an alleged violation of Article 101 TFEU by Power-One Italy Spa (Power-One), an Italian undertaking (...)

The German Competition Authority closes proceedings against a sports shoe company after it amends its conditions for online sales in such a way that they comply with competition law (Adidas)
German Competition Authority (Bonn)
Adidas abandons ban on sales via online market places* The Bundeskartellamt has closed its proceedings against adidas AG (adidas) after the company amended its conditions for online sales in such a way that they comply with competition law. Adidas operates a selective distribution system (...)

The EU General Court rejects an action for annulment against the requirement of the Commission to provide a guarantee issued by a bank with a long term credit rating AA as a condition for deferred fines payment (Quimitécnica.com / José de Mello)
University of Bristol - Law School
Competition infringer: You don’t want the EU Commission as your banker (T-564/10)* In its Judgment in Quimitécnica.com and de Mello v Commission, T-564/10, EU:T:2014:583, the General Court has addressed a rather strange issue concerning the interest rates applicable by the European Commission (...)

The Danish Competition Authority orders an end to passive sales, price fixing and market sharing infringements on the market for robotic milking systems and the adjacent markets (Lely Scandinavia / Danish Lely Centres)
Danish Competition and Consumer Authority (Copenhagen)
Franchise chain has fixed selling prices and shared markets of supply with respect to milking robots* On 25 June 2014, the Danish Competition Council (DCC) ruled in a case concerning anticompetitive behavior regarding the market for milking systems, the market for repair and maintenance of (...)

The Mauritian Competition Authority recommends the imposition of financial penalties and additional remedies on domestic beer suppliers who entered into a market sharing agreement (Phoenix / Stag)
Primerio (Washington)
Beer cartels: first fine sought in mauritius leniency matter* Precedential leniency case yields initial fine The Competition Commission of Mauritius (“the Commission”) has recommended fines of approximately €487,000 and €158,000 be imposed on Phoenix Beverages Ltd (PLB) and Stag Beverages, (...)

The Swedish Competition Authority welcomes an undertaking by a sports association not to suspend or fine members who participate in competing events (SKKF)
Swedish Competition Authority (Stockholm)
Swedish Bodybuilding Association changes its application of loyalty clause* The Swedish Competition Authority welcomes the Swedish Bodybuilding Association’s (SKKF) confirmation that it will not suspend or fine members who participate in competing events. The Swedish Competition Authority has (...)

The Irish High Court files a settlement accepted by a medical association not to engage in boycotts or collective withdrawal of services (IMO)
Irish Competition Authority (Dublin)
Competition Authority secures High Court undertakings from the Irish Medical Organisation* The Irish Medical Organisation (IMO) has today provided undertakings to the High Court (i) not to organise or recommend the collective withdrawal of services or boycotts by its members and (ii) to advise (...)

The Irish High Court receives an agreement containing undertakings of a medical association not to engage in anticompetitive behaviour (IMO)
Steve Szentesi Law Corporation (Vancouver)
Antitrust & Associations: Two Association Related Output Restriction Cases – One Settling (Doctors), the Other Starting Up (Eggs)* On my media sweep earlier, two interesting trade association cases caught my eye, both including allegations of “output restriction” or “boycott” type activities. (...)

The Australian Competition Authority takes action against a cartel on the retail market for eggs (AECL)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action following alleged egg cartel attempt* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against: the Australian Egg Corporation Limited (AECL); Mr James Kellaway, the managing director of AECL; two egg producing (...)

The Australian Competition Authority announces the commencement of proceedings in the Federal Court concerning an attempt to build a cartel affecting the availability of eggs on the retail market (AECL)
Steve Szentesi Law Corporation (Vancouver)
Antitrust & Associations: Two Association Related Output Restriction Cases – One Settling (Doctors), the Other Starting Up (Eggs)* On my media sweep earlier, two interesting trade association cases caught my eye, both including allegations of “output restriction” or “boycott” type activities. (...)

The Luxembourg Competition Authority renders binding commitments offered by an association of experts abandoning use of hourly fees (Chamber of experts)
European Commission (Brussels)
Luxembourg: The Competition Council renders binding Commitments offered by Chamber of Experts abandoning Use of hourly Fees* By decision of 26 May 2014, the Competition Council accepted the commitments offered by the Chamber of Experts of the Grand Duchy of Luxembourg (CEL) and closed the (...)

The U.S. District Court for the Northern District of California deals with anti-competitive restrictions preventing payments to basketball players for use of their name, image, and likeness (O’Bannon / NCAA)
Womble Bond Dickinson (Charlotte)
Three Questions for the Third Week of the O’Bannon v. NCAA Trial* As the O’Bannon v. NCAA trial enters its third week, commentators are already predicting the fall of the “college sports cartel.” In the case, a group of about 20 current and former college men’s basketball and football players, led (...)

The Italian Competition Authority closes its investigation into eight of the biggest Italian insurance companies with a commitment decision (Agenti monomandatari)
Bonelli Erede (Rome)
On 20 May 2014, the Italian Competition Authority (“ICA” or “Authority”) closed the investigation it had begun in June 2013 into eight of the biggest Italian insurance companies by issuing a commitment decision . The Authority had opened the investigation to assess whether the vertical agreements (...)

The Italian Competition Authority issues a commitment decision in the insurance sector (Agenti monomandatari)
European Commission (Brussels)
Italy: The Italian Competition Authority issues Commitment Decision in Insurance Sector* On 20 May 2014, the Italian Competition Authority (ICA) issued a commitment decision, accepting the corrective measures proposed by major national insurance companies to meet the competition concerns (...)

The Italian Competition Authority closes the antitrust probe into agency agreements in the insurance sector with a commitments decision (Agenti monomandatari)
Studio Legale Scoccini E Associati (Rome)
In its decision of 20 May 2014 the Italian Competition Authority (ICA) has accepted the commitments offered by seven major insurance companies to end an antitrust investigation into vertical agreements with their agents. The investigated insurance companies were UnipolSai Assicurazioni, (...)

The French Court of Appeal upholds an appeal against a fine imposed by the French competition authority for price fixing in the endive market (CERAFEL)
University of New South Wales (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). Lettuce leaf them alone Last month, the French Court of Appeal upheld an appeal against a fine imposed by the French competition authority for price fixing in the endive market. The endive (...)

The German Competition Authority concludes an agreement with the utility supplier concerning the extension of the measures to lower the water prices for three more years until 2018 (BWB)
German Competition Authority (Bonn)
Measures to lower water prices in Berlin extended for three more years until 2018* Berliner Wasserbetriebe (BWB) is to extend measures to lower its water prices as ordered by the Bundeskartellamt for three more years until 2018. This is the result of a settlement between the company and the (...)

The Canadian Competition Tribunal suspends a settlement entered into by the Competition Bureau with ebook publishers related to a price MFN clause (Kobo)
Cassels Brock (Toronto)
The Ebooks Saga: Kobo’s challenge explained* Ebook retailer Kobo is challenging a settlement entered into by the Competition Bureau with ebook publishers. The settlement has been stayed pending this challenge. Kobo’s challenge may have major implications for competition law enforcement in (...)

The French Competition Authority receives commitments from a coffee machines maker to remove barriers to entry on the coffee capsules market (Nespresso)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Nespresso is submitting commitments before the Autorité de la concurrence to lift barriers to entry for other coffee capsule makers - compatible with Nespresso coffee machines - as well as barriers to their (...)

The Greek Competition Commission adopts decision defining terms, conditions and procedure for accepting commitments
European Commission (Brussels)
Greece: The Competition Commission adopts Decision defining Terms, Conditions and Procedure for accepting Commitments* On 16 April 2014, the Hellenic Competition Commission (HCC) adopted Decision No. 588/2014 defining the terms, conditions and procedure for the acceptance of commitments in (...)

The Australian Competition Authority receives a court enforceable undertaking from a kitchenware company concerning discontinuation of resale price maintenance and a compliance program (KitchenAid)
Australian Competition and Consumer Commission (Canberra)
KitchenAid distributor undertakes not to induce retailers on minimum prices* Peter McInnes Pty Ltd (Peter McInnes), an importer and wholesaler of kitchenware products including KitchenAid stand mixers, has acknowledged concerns from the Australian Competition and Consumer Commission that it (...)

The German Competition Authority receives commitments to abandon an agreement on standard charges payable by retailers for use of the electronic cash card payment system (Girocard)
German Competition Authority (Bonn)
Standard charges for retailers in electronic cash card payment system abandoned* The leading banking associations in Germany are to abandon their agreement on standard charges payable by retailers for use of the electronic cash card payment system. The associations have undertaken a commitment (...)

The Lithuanian Supreme Administrative Court annuls the fines imposed on the banks by the Competition Council, though confirms the restrictive character of the cash handling agreements (G4S)
Lithuanian Competition Authority (Vilnius)
G4S agreements with banks restricted competition* The Supreme Administrative Court of Lithuania (the Court) confirmed that the agreements concluded between UAB G4S Lietuva (G4S) and the banks, namely, AB SEB bank (SEB), Swedbank, AB (Swedbank) and AB DNB bank (DNB), restricted competition (...)

The New Zealand Competition Authority confirms its investigation into possible manipulation of currency rates and possible influencing of benchmarks in foreign exchange markets (FOREX)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Commerce Commission confirms forex investigation* The Commerce Commission has confirmed that it has an investigation into possible manipulation of currency rates and possible influencing of benchmarks in foreign exchange (forex) (...)

The U.S. FTC orders two professional associations to amend their codes of ethics in order to eliminate the anticompetitive restrictions imposed by each of them on their members (CALSPro / MTNA)
Steve Szentesi Law Corporation (Vancouver)
U.S. FTC Finalizes Settlements in Association Code of Ethics Cases* As an update to two association cases that I blogged about last December (see: here), this past Friday the U.S. Federal Trade Commission (FTC) announced that it had approved settlements with two professional associations for (...)

The Irish Competition Authority and National Consumer Agency welcomes the publication of the Competition and Consumer Protection Bill which will merge the two organisations to form the Competition and Consumer Protection Commission
Irish Competition Authority (Dublin)
Competition Authority and National Consumer Agency welcome publication of the Competition and Consumer Protection Bill* The Competition Authority and National Consumer Agency today welcomed the publication of the Competition and Consumer Protection Bill which will merge the two organisations (...)

The Australian Federal Court imposes fines on a travel agency for repeatedly attempting to enter into anti-competitive arrangements with three international airlines (Flight Centre)
Australian Competition and Consumer Commission (Canberra)
$11 million penalties imposed on Flight Centre* The Federal Court has today made declarations and ordered that Flight Centre pay penalties totalling $11 million for repeatedly attempting to enter into anti-competitive arrangements with three international airlines to eliminate differences in (...)

The Italian Competition Authority deicides to undertake market testing of commitments regarding resale price maintenance in the photovoltaic sector (Photovoltaic Inverter case)
Desogus Law Office (Cagliari)
In the Photovoltaic Inverter case the Italian Competition Authority (ICA) has opened an Article 101 TFEU investigation into an alleged resale price maintenance agreement (RPM) in the photovoltaic market . Recently, the ICA decided to publish and subject to a market test the set of behavioural (...)

The Canadian Competition Tribunal suspends the registration of the consent agreement between the Commissioner of Competition and a number of e-books publishers until the determination of the application to rescind or amend this agreement (Kobo)
Cassels Brock (Toronto)
Kobo Obtains Stay of Ebooks Settlement* The ebooks settlement reached between the Competition Bureau and four major ebook publishers has been stayed pending the determination of a challenge brought by ebook retailer Kobo Inc. to the settlement. Kobo argues that its contracts with the four (...)

The Japanese Competition Authority takes action against a trade association for its alleged participation in price-fixing the fees for a voluntary flu shots service (Yoshikawa Matsubushi Medical Association)
Steve Szentesi Law Corporation (Vancouver)
Antitrust & Associations: German, Japanese Antitrust Authorities Take Action Against Associations in Price-fixing Cases* In two interesting trade association related cases that caught my eye today, the German (Bundeskartellamt) and Japanese (Fair Trade Commission – “JFTC”) antitrust (...)

The Irish Competition Authority publishes its annual report for 2013
Irish Competition Authority (Dublin)
Competition Authority publishes 2013 Annual Report* The Competition Authority has today published its Annual Report for 2013. The Authority is the State body responsible for enforcing Irish and European competition law in Ireland. The report summarises the work done by the Authority in 2013. (...)

The Danish Competition Authority accepts new commitments in relation to a joint sales agreement between football clubs in the best Danish league (The Association of Danish League Clubs)
Danish Competition and Consumer Authority (Copenhagen)
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TDC Kabel TV (YouSee)
On 26 February 2014 the Danish Competition Council (“DCC”) accepted revised commitments offered by the Association of Danish League Clubs (“ADLC”) regarding the joint sale of media rights to the premier Danish football leagues. The new commitments allow for a longer rights period (6 years), but (...)

The Danish Competition Authority accepts new commitments regarding football clubs’ joint sale of media rights for national league football (Superliga)
Danish Competition and Consumer Authority (Copenhagen)
Danish Competition Council Accepts New Commitments regarding Danish Football Clubs’ Joint Sale of Media Rights* On 26 February 2014 the Danish Competition Council accepted new commitments offered by the Association of Danish League Clubs regarding the clubs’ joint sale of media rights to Danish (...)

The Dutch Trade and Industry Appeals Tribunal schedules hearings as regards an application for interim injunction against two orders subject to periodic penalty payments imposed by ACM on the national telecom company (KPN)
Netherlands Authority for Consumers & Markets (The Hague)
ACM orders KPN to hand over information that has been withheld* On January 31, 2014, the Netherlands Authority for Consumers and Markets (ACM) twice imposed an order subject to periodic penalty payments on Dutch telecom company KPN ordering the company to hand over to ACM information it had (...)

The French Competition Authority accepts the commitments submitted by the holder of a legal monopoly over horserace bets placed in physical outlets, to separate its online horserace betting activity from its point of sale network (Betclic / PMU)
French Competition Authority (Paris)
The Autorité de la concurrence has obtained a commitment from the PMU, which will separate its online horserace betting activity from its network of points of sale under monopoly. With this decision, the Autorité ensures that diversified legal supply is maintained, to the consumer’s benefit, on (...)

A German Higher Regional Court rejects the appeal filed by the supplier of water services confirming the applicability of competition law (BWB)
German Competition Authority (Bonn)
Düsseldorf Higher Regional Court confirms Bundeskartellamt decision on reduction of Berlin water prices* On 27 February 2014 the Düsseldorf Higher Regional Court has rejected the appeal filed by Berliner Wasserbetriebe (BWB) against the Bundeskartellamt’s decision of 4 June 2012. In this decision (...)

The Australian Competition and Consumer Commission does not object against price increase for monopoly letter services (Australia Post)
Australian Competition and Consumer Commission (Canberra)
ACCC does not object to postage price increase by Australia Post* The Australian Competition and Consumer Commission has decided to not object to Australia Post’s proposal to increase the prices of ordinary letter services, including the basic postage rate (BPR) from 60 cents to 70 cents. (...)

The New Zealand Competition Authority issues a warning over a ’no discounting’ clause implemented by a community pharmacies association (DHB / Pharmacy Guild)
Steve Szentesi Law Corporation (Vancouver)
Antitrust & Associations: Recent New Zealand Case a Reminder that Voluntary Industry Associations are Not Price Regulators* A New Zealand association related case announced today is a recent reminder that voluntary industry associations are not price regulators (see: Commission issues (...)

The Australian Competition Authority launches its twice-yearly report providing a summary of activities in the small business and franchising sectors and updates on industry codes
Australian Competition and Consumer Commission (Canberra)
Big spike in small business contacts to competition regulator* The Australian Competition and Consumer Commission has launched the latest Small Business in Focus Report which outlines its work in the sector. ACCC Deputy Chair Dr Michael Schaper said that the report highlights the ongoing (...)

Commitment decisions: An overview of EU and national case law
Crowell & Moring (Brussels)
Commitment decisions flourish at the EU and the national level In a speech delivered on December 4th, 2013, EU Competition Commissioner Mr. Almunia said: “I met today with Mr. A. Medvedev, deputy chairman of Gazprom, together with Mr. A. Yanovsky, Deputy Minister of Energy of Russia. This was a (...)

The UK Competition Authority accepts commitments from online travel agents which permit them to offer hotel discounts (Booking.com / Expedia / IHG)
European Commission (Brussels)
United Kingdom: OFT clears Way for Discounts on Hotel Rooms* On 31 January 2014, the Office of Fair Trading (OFT) accepted formal commitments from two of the UK’s largest online travel agents, Booking.com B.V. (Booking.com) and Expedia Inc (Expedia), together with InterContinental Hotels (...)

The UK Competition Authority accepts commitments from online travel agents enabling them and hotels to offer discounts on rates for hotel rooms (Booking.com)
Ashurst (Milan)
UK Office of Fair Trading closes investigation into hotel online booking practices On 31 January 2014, the UK Office of Fair Trading (“OFT”) accepted the commitments from online travel agents, Booking.com B.V. (“Booking.com”, and its ultimate parent company priceline.com Incorporated) and Expedia (...)

The Swedish City Court fines a tyre service chain for illegal joint tendering in two public procurements (Däckia / Euromaster)
Swedish Competition Authority (Stockholm)
Tire service chains ordered to pay fines for illegal joint tendering* The Stockholm City Court has ordered the tire service chains Däckia AB (Däckia) and Euromaster AB (Euromaster) to pay administrative fines amounting to SEK 2.5 million for illegal joint tendering in two public procurements. (...)

The Stockholm City Court rejects petition for dismissing an application for competition damages subsequent to the issue of an injunction order giving rise to a liability to pay penalties in case of non-compliance (Swedavia)
Swedish Competition Authority (Stockholm)
The City Court rules that there are no formal obstacles to charging Swedavia for competition damages* The Swedish Competition Authority may bring an action before the court to sue for competition damages even where the behaviour that forms the basis of the claim has already been forbidden by (...)

The Spanish Competition Authority fines airport incumbent and eleven car rental companies over €3.1 M for exchanging sensitive commercial information (Servicios comerciales AENA)
DG COMP (Brussels)
On 2 January 2014 the recently created National Markets and Competition Commission (“CNMC”) imposed a fine of over €3.1 million on AENA, AENA Aeropuertos and eleven car rental companies for colluding over certain car rental contractual conditions as well as exchanging sensitive commercial (...)

The UK Competition Authority opens a consultation on the revised commitments proposed by online travel agencies in relation to rebates (Booking.com / Expedia)
Ashurst (Milan)
UK OFT weighs revised commitments in the online hotel accommodation bookings* On 20 December 2013, the United Kingdom’s Office of Fair Trading (“OFT”) opened a consultation on the revised commitments proposed by Booking.com B.V. (“Booking.com”), Expedia Inc (“Expedia”) and InterContinental Hotels (...)

The New Zealand Competition Authority commences proceedings in relation to an Auckland timber cartel (Carter Holt Harvey / Fletcher)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Commission commences proceedings in relation to Auckland timber cartel* The Commerce Commission has today filed proceedings in the High Court against Carter Holt Harvey Limited for price fixing in the Auckland timber market. Carter (...)

The Danish Competition Authority accepts commitments concerning information exchange that might facilitate anticompetitive practices in the construction sector (Danish Construction Association)
Danish Competition and Consumer Authority (Copenhagen)
Competition Council accepts commitments from The Danish Construction Association regarding exchange of information agreement* On 18 December 2013 the Danish Competition Council (DCC) accepted commitments from the Danish Construction Association regarding concerns that an exchange of (...)

The Danish Competition Authority finds a price fixing agreement in the real estate sector to constitute a serious violation of the competition act and orders an injunction against setting and advertising a fixed price (BoligOne)
Danish Competition and Consumer Authority (Copenhagen)
Anti-Competitive Price Fixing Agreement in the Real Estate Business* A small cooperative chain of independent real estate agents – BoligOne – had notified their commercialization agreement to the Danish Competition and Consumer Authority. According to the agreement, the parties had i.a. agreed (...)

The Australian Competition Authority takes action against alleged cartel conduct relating to the supply of ball and roller bearings for use in motor vehicles and industrial applications (NSK)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against NSK for alleged cartel conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Sydney, against NSK Australia Pty Ltd (NSK) for alleged cartel conduct relating to the supply of ball and roller bearings for use in (...)

The EU Competition Network publishes recommendations on investigative and decision making powers intended to serve as guidance for policymakers
European Commission (Brussels)
ECN Recommendations on investigative and decision making Powers published* On 10 December 2013, a set of European Competition Network (ECN) Recommendations on key investigative and decision-making powers were published. The ECN Recommendations are intended to serve as guidance for (...)

The Council of the EU agrees upon a general approach on the draft directive concerning actions for damages for breaches of antitrust law that will serve as basis for negotiations with the European Parliament with a view to reaching an agreement at first reading
Lithuanian Competition Authority (Vilnius)
Possibility to receive full compensation for damages suffered as a result of antitrust violations comes closer* On December 2, the European Union (EU) Competitiveness Council reached a general approach on a draft directive on certain rules governing actions for damages under national law for (...)

The EU Court of Justice consolidates view on effective remedy for excessive length of proceedings before the General Court in competition cases (Groupe Gascogne)
Clifford Chance (Brussels)
In the Groupe Gascogne judgment delivered on 26 November 2013, the Court of Justice consolidates its conception on issues of effective judicial protection in competition law adjudication. The case originated in an action for annulment against the General Court (GC) judgment T-72/06 Groupe (...)

The Indian Competition Authority organises a two-day conference on issues and challenges in setting up an effective agency, enforcement related to state owned enterprises, public procurement and creation of competition culture (BRICS International Competition Conference)
Nortons (Sandton)
Quo vadis? Political interventionism in South African competition law* There has been a somewhat startling demonstration of diverging views regarding interventionism in competition matters between emerging and established jurisdictions. During the recent BRICS international competition (...)

The U.S. Senate’s Subcommittee on Antitrust, Competition Policy and Consumer Rights holds cartel related hearings
Steve Szentesi Law Corporation (Vancouver)
New Publications: DoJ & FTC Testimony Posted from Antitrust Subcommittee Hearings* The Americans are not ones to pussy foot around when it comes to economic crime. Yesterday, the U.S. Senate’s Subcommittee on Antitrust, Competition Policy and Consumer Rights held cartel related hearings (...)

The UK CAT rules that antitrust findings regarding the copper plumbing tubes cartel did not support the intent to injure required for a conspiracy claim brought under section 47A of the Competition Act (W.H. Newson / IMI)
London School of Economics and Political Science
Conspiracy, the CAT, and the Court of Appeal: “Here is a case unprecedented” (The Gondoliers, Act 2)* In W.H. Newson Holding Limited & ors v IMI plc & ors [2013] EWCA Civ 1377, the Court of Appeal has made some important new law regarding the scope of section 47A of the Competition Act (...)

The U.S. District Court for the Northern District of California certifies a class of student athletes seeking injunctive relief, though declines to certify a damages class arising from the allegedly preclusive effect of rules that would impede group licensing arrangements with videogame developers and broadcasters (NCAA Student Athletes)
Orrick, Herrington & Sutcliffe (San Francisco)
Injunctive Relief, but not Damages Class, Certified in NCAA Student-Athlete Litigation* In In re NCAA Student-Athlete Name & Likeness Licensing Litigation, 2013 U.S. Dist. LEXIS 160739 (N.D. Cal. Nov. 8, 2013) (Wilken, J.)., the Court certified a class of current and former (...)

The Australian Competition Authority publishes its September 2013 quarterly report, including information on cartel proceedings regarding the supply of ball and roller bearings for aftermarket applications
Australian Competition and Consumer Commission (Canberra)
ACCC quarterly report puts spotlight on statutory information gathering powers* The Australian Competition and Consumer Commission has published its September 2013 quarterly report, ACCCount. In the last quarter, the ACCC was involved in 10 proceedings relating to competition enforcement (...)

The Canadian Supreme Court allows indirect purchasers to sue for damages caused by a price fixing cartel (Infineon / Pro-Sys / Sun-Rype)
Cassels Brock (Toronto)
Class action business as usual after SCC decisions* It’s business as usual for class actions after Canada’s Supreme Court issued a trilogy of decisions holding that so-called indirect purchasers can sue for damages caused by price fixing, and that whether indirect purchasers suffered harm can be (...)

The Canadian Supreme Court clears the way for indirect purchaser competition class action related to compensation for harm caused by inflating the price of microchips (Infineon Technologies / Pro-Sys / Sun-Rype)
Steve Szentesi Law Corporation (Vancouver)
Canadian Supreme Court Clears the Way for Indirect Purchaser Competition Class Actions: Reason and Clarity Prevail in Previously Muddled Area* Earlier today the Supreme Court of Canada (“SCC”) released three long-awaited companion judgments that finally create clarity and certainty in the area (...)

The Canadian Supreme Court allows indirect purchaser claims for a cartel infringement on the market for processor compatible software (Infineon / Pro-Sys / Sun-Rype)
Davies Ward Phillips & Vineberg (Toronto)
Supreme Court of Canada Allows Indirect Purchaser Claims* Note: On October 31, 2013, Canada’s Supreme Court issued important decisions regarding the scope of private claims for civil damages under the Competition Act. Below is a note prepared by Davies Ward Phillips & Vineberg on these (...)

The Australian Competition Authority reauthorises doctors’ associations to continue to collectively negotiate with state and territory health departments (RDAA)
Australian Competition and Consumer Commission (Canberra)
ACCC reauthorises Rural Doctors to collectively negotiate* The Australian Competition and Consumer Commission has allowed the Rural Doctors Association of Australia (RDAA) and its state associations to continue to collectively negotiate with state and territory health departments, on behalf of (...)

The Botswana Competition Tribunal rejects a complaint against the dual role played by the Competition Authority as administrative and adjudicating body in relation to a case of collusive agreement to set prices for repairing vehicles (Panel Beating Cartel)
Norton Rose Fulbright (Johannesburg)
Due process arguments come to the fore as the Botswana Competition Authority gears itself for enforcement* In September and October, the Botswana Competition Commission (Commission) took its first two rulings on cartel enforcement. Both rulings have a keen (if not almost exhaustive) focus on (...)

The Australian Competition and Consumer Commission and Australian Energy Regulator publish their annual report on competition in the energy sector and consumer choice
Australian Competition and Consumer Commission (Canberra)
ACCC and AER issue joint 2012-13 annual report* The Australian Competition and Consumer Commission and Australian Energy Regulator have published their annual report for 2012-13. ACCC Chairman Rod Sims highlighted the notable achievements, including strong court judgments and penalties for (...)

The Indian Competition Appellate Tribunal clarifies the standards for calculation of antitrust penalties in relation to a cartel on the market for AlP tablets used for fumigation treatment (United Phosphorous / Excel Crop Care / Sandhya Organic Chemicals)
Luthra & Luthra Law Offices (New Delhi)
COMPAT clarifies the standards for calculation of penalty* Competition Appellate Tribunal (COMPAT) vides its order dated 29 October 2013, decided on an appeal filed by three manufacturers of Aluminium Phosphide Tablets (AlP), namely, Excel Crop Care Limited, United Phosphorus Limited and (...)

The French Competition Authority receives commitments from the incumbent betting company in order to distinguish its online horserace betting activities from those dealing with horserace betting in physical outlets (Betclic / PMU)
French Competition Authority (Paris)
PMU proposes commitments in order to distinguish its online horserace betting activities from those dealing with horserace betting in physical outlets* Following a complaint lodged by Betclic Everest Group (hereinafter Betclic) with the Autorité de la concurrence, the PMU proposed separating (...)

The Greek Competition Authority issues infringement decisions with fines against professional associations of foreign language school owners for price-fixing and other restrictions in the exercise of professional activities of their members (Panhellenic Federation of Language School Owners)
European Commission (Brussels)
Greece: The Hellenic Competition Commission issues Commitments Decision on Foreign Language School Owners’ Association* On 25 October 2013 the Hellenic Competition Commission (HCC) published its decision No 554/VII/2012 regarding anticompetitive practices of seven professional associations of (...)

The German Competition Authority decides not to open proceedings against a consumer electronics manufacturer, after being satisfied that its modified agreements now allow authorized dealers to sell online (Sennheiser)
Ashurst (Milan)
German Federal Cartel Office spares Sennheiser’s online policy from scrutiny* On 24 October 2013 the German Federal Cartel Office (“FCO”) stated (available only in German) that it will not open formal proceedings against Sennheiser, a manufacturer of consumer electronic products, following recent (...)

The Australian Federal Court imposes fines of $2 million on the participants in a bearings cartel (Koyo)
Australian Competition and Consumer Commission (Canberra)
$2 million penalty for bearings cartel* The Federal Court has made orders by consent against Koyo Australia Pty Ltd ordering it to pay penalties of $2 million following action by the Australian Competition and Consumer Commission. The Court found that in 2008 and 2009, Koyo Australia made and (...)

The German Competition Authority concludes cartel proceedings against manufacturers of household porcelain by imposing fines (Porzellanfabrik Christian Seltmann / KAHLA-Thüringen Porzellan)
German Competition Authority (Bonn)
Bundeskartellamt concludes cartel proceedings against manufacturers of household porcelain* Bonn, 17 October 2013: The Bundeskartellamt has today imposed fines totaling just under 900,000 euros on the companies Porzellanfabrik Christian Seltmann GmbH and KAHLA/Thüringen Porzellan GmbH, the (...)

The Mozambican Parliament’s recently adopted competition act is not yet implemented despite the expiry of the prescribed time limit
University of Tilburg - Law School
Almost nine months later… and still no signs of the Mozambique Competition Authority* On April 11, 2013, the Mozambique Competition Act was passed. We wrote a piece on the potential advent of competition law in Mozambique here, brusquely entitled: Antitrust in Mozambique? …could have stayed in (...)

The UK CAT rules that use of data rooms is lawful in market investigations, but criticises restrictive access conditions (BMI Healthcare I)
St John’s Chambers (Bristol)
Competition Appeal Tribunal rules that use of data rooms is lawful in market investigations, but criticises restrictive access conditions* In competition investigations, competition authorities receive substantial amounts of confidential business information, some of which will be commercially (...)

The UK CAT rules on the matter of confidentiality and procedural fairness, deciding that a data room procedure was so restrictive as to be unfair (BMI Healthcare)
Blackstone Chambers (London)
Cats, bags, rings and rooms: the problem of confidentiality* Dealing with confidential information in competition cases can be tricky. The CAT’s recent judgment in BMI Healthcare and others v Competition Commission [2013] CAT 241 provides some help. The core problem of confidentiality in the (...)

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

The U.S. Department of Justice and Federal Trade Commission heads discuss antitrust enforcement priorities
Wolters Kluwer (Riverwoods)
U.S. Agency Heads Discuss Antitrust Enforcement Priorities* Two of the most significant conferences on the antitrust calendar were held last week. Georgetown Law Center featured its Seventh Annual Global Antitrust Enforcement Symposium on September 25, and Fordham Law School’s 40th annual (...)

The EU Director General for Competition states that restrictions of competition by object constitute serious, but not always manifest violations of law
Liège University - IEJE
The Unintended Consequences of the Case Law on Restrictions by Object* On second thoughts, the recent bad case law on the notion of “restriction by object” may incidentally, and unexpectedly, fetter the margins of the Commission, and in particular its ability to handle all cases under the obese (...)

The French Competition Authority obtains undertakings from card companies to significantly reduce the main interbank fees (MasterCard / Visa)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence has obtained a significant reduction in the main interbank fees charged by Mastercard and Visa respectively. With these decisions, the Autorité de la concurrence has completed the (...)

The French Competition Authority obtains significant reduction of main multilateral interchange fees on domestic card transactions (MasterCard / Visa)
European Commission (Brussels)
France: The Autorité de la concurrence obtains significant Reduction of main Multilateral Interchange Fees charged by MasterCard and Visa on Domestic Card Transactions* On 20 September 2013, the Autorité de la concurrence (the Autorité) accepted Visa and MasterCard’s binding commitments to reduce (...)

The U.S. District Court for the Southern District of New York establishes collusion to eliminate retail price competition for e-books and imposes restrictions on deals with publishers for the next five years (Apple)
DLA Piper Weiss-Tessbach (Vienna)
U.S. District Court rules Apple colluded on E-Book Prices* On 10 July 2013 the District Court in Manhattan ruled in United States v. Apple Inc., et al that Apple conspired with five major publishers to raise prices on e-books. The publishers settled and denied any wrongdoing. However, the case (...)

A New Zealand High Court fines a manufacturer of setup paperboard boxes and its former senior executive for being involved in price fixing (Visy)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Court endorses penalty in trans-Tasman cartel case* Visy Board Pty Ltd (Visy) has been ordered to pay a penalty of $3.6 million in the High Court in Auckland today, and its former senior executive John Carroll $25,000, for breaching (...)

The UK Competition Authority issues draft commitments in an investigation into the sector for hotel online booking (IHG / Expedia / Booking.com)
Accenture (Dublin)
Hotel Online Booking: The OFT announces its intention to accept binding commitments* On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation. The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels (...)

The Chinese Competition Authority announces penalties of CNY 668 million imposed for resale price maintenance on the market for baby milk formula (Baby formula cartel)
AnJie Law (Beijing)
Chinese Antitrust Agency Imposed Record Fines on Baby Formula Brands An Analysis on the Application of the Leniency Program under the PRC Anti-Monopoly Law* Background of Record-Breaking Fine Late June of this year, it was reported that the National Development and Reform Commission (“NDRC”) (...)

The Chinese Shanghai People’s High Court awards damages to be paid by a major US-headquartered healthcare supplier for vertical restrictive practices (Rainbow / Johnson & Johnson)
AnJie Law (Beijing)
Chinese Court’s Roadmap on Vertical Monopoly Analysis: Some Comments on the Final Judgment on Rainbow vs. Johnson & Johnson Case* On August 1 2013, Shanghai People’s High Court (the Court) handed down judgment on the first private antitrust action involving vertical agreements under the (...)

The German Competition Authority imposes fines on account of vertical price fixing practices on the market for the distribution of natural cosmetics (Dr. Hauschka)
German Competition Authority (Bonn)
Fine imposed on WALA Heilmittel GmbH for vertical price fixing practices involving Dr Hauschka cosmetics products* Bonn, 31 July 2013: Today the Bundeskartellamt has imposed fines amounting to a total of approx. € 6.5 million on WALA Heilmittel GmbH, Bad Boll, and representatives of the (...)

The Estonian Parliament amends its competition act
European Commission (Brussels)
Estonia: Competition Act amended* On 15 July 2013, amendments to the Competition Act came into force. The main changes concern the administrative procedure. The first set of amendments concern the decisions adopted by the Competition Authority pursuant to Article 5 of Regulation 1/2003. The (...)

The Australian Competition Authority takes action against a supplier of ball and roller bearings for alleged cartel conduct (Koyo)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against Koyo for alleged cartel conduct* The Australian Competition and Consumer Commission has instituted civil proceedings in the Federal Court against Koyo Australia Pty Ltd (Koyo) for alleged cartel conduct relating to the supply of ball and roller bearings for use in (...)

The Hungarian Competition Authority issues new leniency explanatory notes and application form (Engedékenységi Szabályok)
Hungarian Competition Authority (Budapest)
New rules for leniency applicants* The GVH has published on its website the modified version of the Explanatory Notes and the Application Form for Leniency, which were both issued by the President of the Hungarian Competition Authority (hereinafter referred: Gazdasági Versenyhivatal - GVH). (...)

The EU General Court dismisses parallel actions brought by two diamond dealers against the Commission’s decisions not to open an antitrust investigation into certain distribution agreements established by the world’s largest producer of rough diamonds (BVGD, Spira, De Beers)
Mircea & Partners (Bucharest)
I. Introduction Any natural or legal person who can show a legitimate interest may lodge a complaint concerning an antitrust infringement as stipulated by article 7 of the Regulation No 1/2003. The Commission is not required to investigate each of the complaints lodged with it, but only to (...)

The U.S. Court of the Southern District of New York clarifies in the e-books case what determines liability of the vertical participant B in an A-B-C information exchange (Apple)
University of Cambridge
e-books: Vertical participation in hub and spoke agreements* The 10 July judgment in the American e-books case (US v Apple) addresses an important question not yet examined under European competition law: what determines the liability of the vertical participant (“B”) in an A-B-C information (...)

The Danish Competition Authority accepts commitments from a purchasing association for pharmacists in relation to decision to exclude a member (Uldum Apotek / A-apoteket)
Danish Competition and Consumer Authority (Copenhagen)
Competition Council accepts commitments from Denmark’s largest purchasing association for pharmacists* On 26 June 2013 the Danish Competition Council accepted commitments from A-apoteket – a purchasing association for pharmacists – on the basis of concerns that a decision taken by the association (...)

The German Competition Authority publishes its reviewed guidelines for the setting of fines deviating from the methodology used by the European Commission
Heinz & Zagrosek (Köln)
The FCO’s new fining guidelines – not much guidance after all* The FCO published new fining guidelines on June 25, 2013, which have been applied for several months now. However, the guidelines as well as the recent practice do not provide a lot of guidance. The previous fining guidelines (...)

The US Supreme Court reverses the judgment of the Court of Appeals and holds that the parties’ agreement on arbitration shall remain valid (American Express / Italian Colors Restaurant)
Faegre Baker Daniels (Indianapolis)
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Faegre Baker Daniels (Minneapolis)
Supreme Court Decides American Express Co. et al v. Italian Colors Restaurant et al* On June 20, 2013, the Supreme Court decided American Express Co. et al v. Italian Colors Restaurant et al, No. 12-133, reversing the Second Circuit and holding that the Federal Arbitration Act (FAA) does not (...)

The EU Court of Justice rules, in a transport sector case, on the interpretation of Article 101 TFEU and establishes that undertakings cannot escape fine liability on account of qualified legal advice (Schenker)
ClientEarth (Bruxelles)
The principle of fault in EU competition law: C-681/11 Schenker & Co and others* In C-681/11 Schenker & Co and others this was more or less the defence a couple of Austrian transport companies came up with after being fined for infringing competition rules. Those companies had received (...)

The Canadian Court of Appeal dismisses an action for damages in a conspiracy claim against joint purchasers in the oil industry (Alberta / Husky Oil Operations)
Cassels Brock (Toronto)
No pot of gold at the end of the Rainbow* A decision by joint operators of an oil field to use a single fluid hauler was not an unlawful conspiracy, the Alberta Court of Appeal held recently, overturning a 2011 decision that awarded about $8 million to the loser of a competitive bidding (...)

The European Commission proposes a directive for the harmonization of private enforcement of competition law within the EU
Vrije University of Amsterdam
The Commission’s proposal for a directive on actions for damages caused by infringements of antitrust law in Member States* Infringements of antitrust law can cause serious harm to consumers and businesses in the European Union. Under EU law the victims of infringements of antitrust law can (...)

The Canadian Competition Bureau launches the "Whistleblowing Initiative" in order to encourage the general public and the business community to report suspected violations of the Competition Act
Steve Szentesi Law Corporation (Vancouver)
New Competition Act Whistleblowers Page* Given the recently increased focus on criminal competition law matters (e.g., cartels) and whistleblowing, the latter in the competition law world and corporate crime area generally, I thought I would launch a new whistleblowing page on the blog. A (...)

The US Supreme Court agrees to review a judicial decision as regards a suit alleging state consumer protection and antitrust claims against manufacturers and distributors of LCD panels (Mississippi / AU Optronics)
Wolters Kluwer (Riverwoods)
Removability of Parens Patriae Antitrust Actions Under CAFA To Be Considered by U.S. Supreme Court* It appears that the U.S. Supreme Court will soon resolve a split among the circuits on the issue of whether parens patriae actions can be removed from state court as “mass actions” under the Class (...)

The EU Commission ends its review of an airline alliance on transatlantic routes (Air Canada / United / Lufthansa)
Van Bael & Bellis (Brussels)
On 23 May 2013, the European Commission announced that it had accepted commitments offered by Star Alliance members Air Canada, United and Lufthansa in the context of the Commission’s examination of their cooperation on the transatlantic air passenger transport market. The Commission had (...)

The French Competition Authority launches a market test on multilateral interchange fees for domestic card transactions (Mastercard / Visa)
European Commission (Brussels)
France: The Autorité de la Concurrence market tests Visa and MasterCard’s Commitments to reduce Multilateral Interchange Fees for Domestic Card Transactions* On 6 May 2013, the Autorité de la concurrence (the Autorité) published Visa and MasterCard’s commitments to reduce the multilateral (...)

The Royal Assent is given to the UK Enterprise and Regulatory Reform Bill that reverses the dishonesty requirement and excludes openly made cartels
University of East Anglia
The UK’s New Cartel Offence: It Could Be Alright on the Day* The Enterprise and Regulatory Reform Act 2013 drops the requirement of dishonesty and excludes cartel agreements made openly. At a late stage three additional defences were introduced (s.47 ERRA). The defendant can show they did not (...)

The Irish Competition Authority secures binding commitments in a case of resale price maintenance of footwear products (FitFlop / Double Bay Enterprises)
European Commission (Brussels)
Ireland: Commitments in Case of Resale Price Maintenance in Footwear Products* In February 2013, the Competition Authority (the Authority) secured binding commitments from FitFlop footwear distributor, Double Bay Enterprises Limited, in relation to its policy of resale price maintenance (...)

The EU Commission launches a market test of the commitments offered by an e-book publisher to reach a settlement in the EU investigation into e-book pricing (Penguin)
Van Bael & Bellis (Brussels)
On 19 April 2013, the European Commission launched a market test of the commitments offered by Penguin, aimed at reaching a settlement in the EU investigation into e-book pricing. In order to alleviate the Commission’s fears for collusion and higher prices in the e-book publishing sector, (...)

The Serbian Competition Authority proposes substantive amendments to competition law
Kinstellar (Belgrade)
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Kinstellar (Belgrade)
Various experts in the field of competition legislation recently came together to comment on a draft proposal (“Draft Proposal”) for the first ever amendments to the 2009 Law on Protection of Competition (the “Competition Law”) Although there is general agreement that the Competition Law contained (...)

The Mozambican Parliament adopts a new competition act to be implemented gradually before 8 October 2013
Primerio (Washington)
Antitrust in Mozambique? …could have stayed in COMESA* We know it’s a somewhat brusque title for a “new competition regime” post. But we must ask ourselves: Why is the República de Moçambique now joining the growing cadre of countries with a competition-law regime — almost exactly half a year after (...)

The Danish Competition and Consumer Authority issues new guidelines concerning access to justice in competition law matters
Mircea & Partners (Bucharest)
1. Introduction In March 2013 Danish Competition and Consumer Authority has issued new guidelines concerning access to justice in competition law matters. The formulation is direct and pedagogically constructed. The addressees are advised on how to bring a complaint against an undertaking and (...)

The German Competition Authority takes a critical view of the online platform project set up by broadcasting groups (Germany’s Gold)
German Competition Authority (Bonn)
ARD/ZDF Online Platform "Germany’s Gold" raises competition concerns* The Bundeskartellamt takes a critical view of the ARD/ZDF online platform project "Germany’s Gold". In April 2012 several companies of the ARD and ZDF broadcasting groups, together with eleven other production and licensing (...)

The Turkish Competition Authority announces its long-awaited decision regarding imposition of fines on major banks for concerted practices in relation to credit card fees and interest rates for deposits (Akbank and Others)
Turkish Competition Authority (Ankara)
TCA Hits Banks With Record Fines* In Friday evening (8 March 2013), after the closing of stock exchange, the TCA has announced its long-awaited decision regarding major banks of Turkey. The TCA hits 12 major banks with record fines totalling 1,11 billion Turkish liras (around 480 million (...)

The United Arab Emirates Government announces the coming into force of its very first antitrust regulation
Primerio (Washington)
3 weeks until UAE competition law goes into effect* The first true antitrust law of the Emirates will come into force on 23 February 2013. “Federal Law No. 4 of 2012” (not to be confused with legislation relating to nuclear safety of the same title) was passed by the United Arab Emirates (...)

The Danish Competition Council settles a case concerning two anticompetitive decisions in the collegiate rules of a minor association of accountants
Danish Competition and Consumer Authority (Copenhagen)
Anti-Competitive Decisions in the Collegiate Rules of Foreningen Danske Revisorer* On February 20, 2013, the Danish Competition Council settled a case concerning two anti-competitive decisions in the collegiate rules of a minor association of Danish accountants. According to the rules in (...)

The Swedish Competition Authority files an application for appeal in case of denial to grant a competitor access to a firefighting training area (Räddningstjänsten Dala Mitt)
Swedish Competition Authority (Stockholm)
The Swedish Competition Authority appeals ruling* The Swedish Competition Authority wants the Market Court to reverse the acquittal of the Dala-Mitt Rescue Services. The Stockholm City Court’s assessment is incorrect on several points and includes evidence requirements that go above and beyond (...)

The Spanish Competition Authority renders legally binding the commitments offered by a professional association in the market for expert reporting in occupational hazards (UICM)
DG COMP (Brussels)
On 19 February 2013 the Spanish Competition Commission (“CNC”) adopted a resolution rendering legally binding the commitments offered by the Inter-Professional Union of the Community of Madrid (“UICM”) in order to alleviate the anti-competitive allegations raised against it. The CNC initiated its (...)

The Slovak Antimonopoly Office initiates public discussion on the amendment of the competition act
Agency for the Cooperation of Energy Regulators (ACER) (Ljubljana)
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University of Oxford
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Kinstellar (Bratislava)
Factual background As a follow-up to the release by the Slovak Anti-Monopoly Office (the “AMO”) of information on the planned amendment of the Slovak Competition Act (the “Act”), the AMO recently initiated public discussion on the amendment. The declared purpose of the amendment is to better link (...)

The Chinese Competition Authority announces penalties of CNY 353 million (€ 43 million) to be imposed on six liquid crystal display makers from Korea and Taiwan (Samsung / LG / AU Optronics / Chunghwa / Chimei InnoLux / HannStar)
University of East Anglia
Article published on Centre for Competition Policy blog. The Significance of China’s First Fine on an International Cartel* On 4 January 2013, China’s National Development and Reform Commission (NDRC) announced that CNY 353 million (around £35m) would be paid by six South Korean and Taiwanese (...)

The U.S. FTC imposes limits on enforcing FRAND licensing of standards-essential patents through the threat of seeking of injunctions (Google / Motorola)
International Center for Law & Economics (Portland)
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International Center for Law & Economics (Portland)
Introduction In January of 2013, the Federal Trade Commission and Google (acting through its subsidiary, Motorola Mobility) signed a Consent Order ending the agency’s investigation into a number of practices. Much of the Order is aimed at imposing antitrust-based limits on the allowable process (...)

The German Competition Authority imposes fines for anticompetitive agreements on two private TV-broadcasting groups (Pro7Sat1 / RTL)
King’s College (London)
On 28 December 2012, the German Federal Cartel Office (FCO) has imposed a total fine of 55 million Euros against the two private TV-broadcasting groups Pro7Sat1 and RTL, as well as two individuals. The two undertakings allegedly entered into an anti-competitive agreement. The FCO found that in (...)

The EU Commission renders legally binding commitments regarding competition concerns on markets for aluminium smelting equipment (Rio Tinto Alcan)
Ashurst (Milan)
European Commission renders legally binding commitments on Rio Tinto Alcan* On 20 December 2012, the Commission issued a press release stating that it has made legally binding the commitments offered by Rio Tinto Alcan (“Alcan”) to address the Commission’s concerns that Alcan might have infringed (...)

The German Competition Authority declares legally binding commitments offered by an airline company regarding specific issues with its data tracking methods (Lufthansa)
European Commission (Brussels)
Germany: Lufthansa changes anticompetitive Clauses in Corporate Client Programme* On 20 December 2012 the Bundeskartellamt (BKartA) declared commitments of Lufthansa binding regarding specific issues with Lufthansa’s data tracking methods. The proceedings against Lufthansa were triggered by (...)

The French Competition Authority fines several ticketing companies for entering into anticompetitive agreements (Fnac / France Billet / Ticketnet)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines the companies Fnac, France Billet and Ticketnet for entering into anticompetitive agreements* Following a referral from the French Minister for Economy, the Autorité de la (...)

The UK Competition Appeal Tribunal establishes the limited probative value of early resolution agreements in the context of an appeal concerning the participation of a retailer in unlawful practices regarding cheese pricing (Tesco / OFT)
Blackstone Chambers (London)
Tesco scores partial victory in cheese cartel* In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair (...)

The England and Wales High Court refuses to strike out the conspiracy claim relying upon a cartel infringement on the market for copper plumbing tubes (WH Newson / IMI)
Blackstone Chambers (London)
Conspiracy in the CAT: the scope of section 47A* What kinds of “follow-on” claims may be brought in the CAT? ‘[A]ny claim for damages, or any other claim for a sum of money which a person who has suffered loss or damage as a result of the infringement of a relevant prohibition may make in civil (...)

The Irish High Court issues its first order on a commitment agreement between the NCA and an undertaking (FitFlop)
Queen’s University Belfast
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National University of Irland (NUI)
The Irish Competition (Amendment) Act 2012 introduced court-endorsed commitment agreements to Irish competition law. The new section 14B of the principal Competition Act 2002 provides for making commitment agreements between the Irish Competition Authority (or indeed Com Reg when it is the (...)

The Irish Competition Authority obtains legally binding commitments from a fitness product distributor to cease resale price maintenance (BBS)
Queen’s University Belfast
1. Legal Background Among the augmentations of Ireland’s competition regime made by recent amendments to the Competition Act 2002 is section 14B. This new section of the Competition Act provides that the Competition Authority, after an investigation of anticompetitive practices by an (...)

The German Competition Authority accepts commitments offered by a German airline concerning its contracts with business clients and the collection of sensitive client information which might be anti-competitive (Lufthansa)
King’s College (London)
The commitments decision concerns the Federal Cartel Office’s (FCO) proceedings against Lufthansa‘s contracts with business clients and the collection of sensitive client information which might be anti-competitive. Background The FCO commenced proceedings against Lufthansa in September 2009, (...)

The EU Commission closes its case concerning the e-books sector after accepting a range of commitments, including the removal of MFN clauses (Simon & Schuster / Harper Collins / Hachette / Holtzbrinck / Apple)
European Commission (Brussels)
European Commission accepts Commitments in E-Books Case* On 12 December 2012, the European Commission (Commission) accepted formally binding commitments from four international publishers (Simon & Schusters (CBS Corp., USA), HarperCollins (News Corp., USA), Hachette Livre (Lagardère (...)

The EU Commission finds in a case concerning e-books that, given the nature of the relevant product, concerted practices covering a substantial part of the EEA may affect interstate trade (e-books)
Liège University - IEJE
Sad but true* I love commitments decisions because they are a quick read. But I also hate dislike them because they leave the reader angry hungry for more. Some evidence: in the E-Books case, the effect on trade condition was deemed fulfilled under the simplest possible sort of analysis: (...)

The U.S. Supreme Court reviews the Eleventh Circuit’s decision regarding reverse payment patent settlements (AndroGel)
Gibson Dunn (New York)
Important U.S. Developments Relating to “Reverse Payment” Patent Settlements* There have been two key recent developments in the U.S. relating to the legal dispute over patent settlements including so-called “reverse payments.” First, the U.S. Supreme Court has agreed to review an Eleventh Circuit (...)

A U.S. District Court holds that “No-authorised generic” agreements are not “Reverse Payments” (Lamictal litigation)
Gibson Dunn (New York)
Important U.S. Developments Relating to “Reverse Payment” Patent Settlements* There have been two key recent developments in the U.S. relating to the legal dispute over patent settlements including so-called “reverse payments.” First, the U.S. Supreme Court has agreed to review an Eleventh Circuit (...)

The Slovak Competition Authority proposes the introduction of a new section in the Act on Protection of Economic Competition law giving natural persons a financial incentive for whistleblowing
Braun Partners (Prague)
Slovakia: Cash Incentives to Whistleblowers?* At the end of 2012 the Slovak Antimonopoly Office presented its future plans for public discussion. Various aspects such as the announced prioritisation of antitrust enforcement, the incentives for settlement of antitrust cases, the establishment (...)

The French Parliament gives new injonctive powers to the Competition Authority
European Commission (Brussels)
France: New Law on economic Regulation in overseas Departments vests the Autorité de la concurrence with specific Injunctive Powers* On 21 November 2012, the law relating to economic regulation in France’s overseas departments was published in the French Official Journal. It aims at addressing (...)

The Croatian Competition Authority accepts the commitments of the Croatian autoclub concerning emergency towing services (Hrvatski Autoklub)
Faculty of Law - University of Macau
On 4 October 2012 the Croatian Competition Authority (AZTN) accepted the committments of the Croatian Autoclub (HAK) in relation to the non-competition clauses in the agreements for emergency technical assistance services and closed its investigation into the alleged anti-competitive practices (...)

The U.S. Court of Appeals for the Second Circuit upholds the District Court judgment and holds for the first time that the filed rate doctrine can bar private claims related to market-based rates that arise from regulated auctions (Simon / KeySpan)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Driven (Washington DC)
On September 20, 2012, the United States Court of Appeals for the Second Circuit affirmed KeySpan’s victory in Simon v. KeySpan, holding for the first time that the filed rate doctrine can bar private claims related to market-based rates that arise from regulated auctions. While the Court (...)

The French Competition Authority confirms that data network operators who conclude an agreement to organize peering can charge fees for the opening of additional data transit technical capability (France Télécom)
University of Berkeley
When Internet Traffic and Peering Agreement meet French Competition Law* On September 20, 2012, the French Competition Authority (Autorité de la concurrence) released an interesting decision that is believed to be the first on this topic by a competition authority. It confirms that data network (...)

The Administrative Court of Appeal of Jönköping orders that the award procedure shall be recommenced for violation of the transparency principle (PWC v Västervik, KPMG v Västervik)
Mircea & Partners (Bucharest)
I. Introduction The tender documentation of the award procedure concerned with a procurement contract of audit services by Västervik municipal authorities comprised erroneous information. The error consisted in disregarding the provisions of the Swedish constitutional law, namely the article (...)

The Court of Appeal of England and Wales dismisses an appeal against an action for damages arising from an Article 101 TFEU violation on the market for the supply of industrial copper tubes (KME Yorkshire / Toshiba Carrier)
Blackstone Chambers (London)
Special pleading? Toshiba Carrier and the industrial tubes cartel* The Court of Appeal’s judgment last Friday in KME Yorkshire Ltd & ors v Toshiba Carrier UK Ltd & ors [2012] EWCA Civ 1990 will gladden the hearts of Article 101 damages claimants. It confirms that the Court will be (...)

The Australian Competition Authority institutes proceedings in Federal Court in Sydney against a forklift gas supply cartel (Renegade Gas)
Australian Competition and Consumer Commission (Canberra)
ACCC court action alleges Sydney forklift gas supply cartel* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court in Sydney against Renegade Gas Pty Ltd (trading as Supagas NSW, a privately owned company) and Speed-E-Gas (NSW) Pty Ltd (a wholly (...)

The Romanian Competition Authority addresses new developments on the joint selling of commercial rights for football broadcasting (Romanian Football Federation)
Kinstellar (Bucarest)
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OMV Petrom (Bucharest)
Original case In 2011, an investigation launched on the national market of media rights over football competitions brought the first case in which the investigated parties proposed commitments based on the new guidelines on commitments adopted by the Romanian Competition Council (“RCC”) in the (...)

The US FTC withdraws 2003 policy statement hinting at further use of disgorgement as a remedy
Goodwin Procter (Washington)
On July 31, 2012, by a four-to-one vote, the United States Federal Trade Commission ("the Commission") announced it was withdrawing the 2003 Policy Statement on Monetary Equitable Remedies in Competition Cases. In explaining its decision, the Commission expressed concern that "the practical (...)

The England and Wales Court of Appeal allows the claimants to proceed with an action for damages under Section 47A in consideration of price fixing of electrical and mechanical carbon and graphite products (Deutsche Bahn / Morgan Crucible)
London School of Economics and Political Science
CAT unlimited: the Deutsche Bahn decision* Where the Commission has issued a decision finding several addressees liable for the same infringement, amongst the more important tactical questions for a claimant in the UK are: where to sue the addressees and when? The decision of the Court of (...)

The England and Wales Court of Appeal rules that it was neither appropriate nor necessary to align the resolution of referred disputes to English common law causes of action and remedies (BT)
Blackstone Chambers (London)
As long as the regulator’s foot* The Court of Appeal’s remarks in BT v Ofcom (Partial Private Circuits) make Ofcom’s dispute-resolution power a still more distinctive alternative to court litigation, and in the right circumstances a more attractive one. The appeal arose out of a dispute, brought (...)

The Bulgarian Competition Authority adopts a commitment decision concerning the wholesale fuel market (Lukoil / Nafteks Petrol / Rompetrol / OMV)
European Commission (Brussels)
Bulgaria: The Commission on Protection of Competition adopts Commitment Decision concerning Wholesale Fuel Market * On 26 July 2012, the Commission on Protection of Competition (CPC) adopted a commitment decision in the case of Lukoil Bulgaria, Nafteks Petrol and Rompetrol Bulgaria and OMV (...)

The Polish Competition Authority publishes guidelines on commitment decisions in antitrust cases and in cases of practices infringing collective consumer interests
European Commission (Brussels)
Poland: New Guidelines concerning Commitment Decisions* On 26 July 2012, the Polish Office of Competition and Consumer Protection (UOKiK) published Guidelines on commitment decisions in antitrust cases and in cases of practices infringing collective consumer interests (the Guidelines). The (...)

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

The French Competition Authority issues a decision making compulsory the commitments of several French banks in order to abolish the main interbank fees on direct debits, interbank payment orders and other non-cash means of payment (BNP Paribas / Banque de France / CIC / Société Générale)
Juliette Goyer Avocat
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Freshfields Bruckhaus Deringer (Paris)
Following a commitment procedure, the French NCA issued a decision on 5 July 2012 making compulsory the commitments submitted by several French banks (Banque de France, BNP Paribas, Société Générale, Crédit du Nord, LCL, BPCE, HSBC, Banque Postale, Crédit Mutuel, CIC) and their representative (...)

The French Competition Authority accepts commitments from 11 banks to abolish interbank fees applied to direct debits, interbank orders and other non-cash payments (BNP Paribas / Crédit Agricole / LCL)
European Commission (Brussels)
France: French Banks’ Commitments to suppress inter-bank Fees applied to direct Debits, interbank Orders and other non-cash Payments made binding by the Autorité* On 5 July 2012, the Autorité de la concurrence (the Autorité) accepted commitments from 11 banks, including the national central bank (...)

The Danish Competition Authority finds that a satellite communication company has infringed conditions imposed by the Authority concerning the distribution of its TV channels (Viasat)
European Commission (Brussels)
Denmark: Viasat infringes Conditions imposed by Competition Council’s Decision in Distribution of TV Channels Case* On 27 June 2012, the Danish Competition Council (the Council) found that Viasat had infringed the conditions imposed by the Council’s decision of 30 September 2009 on Viasat‘s (...)

The Danish Competition Authority finds that a TV-channel distributor violated a commitment decision made concerning anti-competitive business terms (Viasat)
Danish Competition and Consumer Authority (Copenhagen)
Viasat violates a decision subject to conditions imposed by the Danish Competition Council in the case of Viasat’s business terms* On 27 June 2012, the Danish Competition Council decided that Viasat has violated a decision subject to conditions imposed by the Council in the case of Viasat’s (...)

The Hong Kong Legislative Council finally passes a comprehensive competition law
Jones Day (Sydney)
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Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
After years of discussions, the Hong Kong Legislative Council finally passed a comprehensive competition law (the "HK Competition Law"). The HK Competition Law includes the classic prohibitions of anticompetitive agreements and abuses of market power, as well as a merger control regime (with (...)

The Irish Parliament adopts a new competition act
European Commission (Brussels)
Ireland: Competition (Amendment) Act 2012 signed into Law* The Competition (Amendment) Act, 2012 which contains a number of provisions aimed at strengthening the enforcement powers of the Competition Authority was signed into law on 20 June 2012. The new Act commenced on 3 July 2012. With (...)

The EU Commission makes legally binding commitments concerning non-compete and confidentiality obligations offered by companies active in nuclear markets (Siemens / Areva)
Van Bael & Bellis (Brussels)
The European Commission announced, on 18 June 2012, that it had adopted a decision to make legally binding commitments offered by Siemens AG (“Siemens”) and Areva SA (“Areva”) to reduce the scope and duration of certain non-compete and confidentiality obligations imposed on Siemens further to (...)

The Swedish Competition Authority ends its investigation into an office supply chain after accepting commitments (RKV)
Van Bael & Bellis (Brussels)
On 18 June 2012, the Swedish Competition Authority (“SCA”) adopted a decision accepting voluntary commitments offered by the Swedish office supply chain Rationella Kontors Varuinköp (“RKV”) no longer to provide any price information in future product- and calendar catalogues in which member (...)

The Romanian Competition Authority releases its 2011 annual report
Faculty of Law - University of Macau
On 25 May 2012 the Romanian Competition Authority (CC) has released for public consultation its 2011 annual report. Present note shall focus exclusively on competition enforcement activities carried out by the CC in 2011 without addressing its activities related to the state aids control, (...)

The Canadian Competition Tribunal refuses to grant damages to company deliberately and flagrantly breaching interim order in a refusal to deal case in the chicken industry (Nadeau / Wetsco)
Cassels Brock (Toronto)
Injunction chickens come home to roost* The Competition Tribunal has the power to order an inquiry into damages arising from an interim order granted by the Tribunal, but can refuse to order damages where special circumstances exist. Deliberate and flagrant breach of the interim order will (...)

The Italian Competition Authority proposes a draft notice on new commitments procedure
European Commission (Brussels)
Italy: The Competition Authority proposes Draft Notice on new Commitments Procedure* On 15 May 2012, the Italian Competition Authority (ICA) decided to launch a public consultation on a draft Notice on the new procedure under Article 14-ter of the Antitrust Law (Law 10 October 1990, n. 287), (...)

The Italian Competition Authority launches a public consultation on the new draft guidelines on the commitment procedure
Bonelli Erede (Rome)
A few months after the appointment of its new President (Mr Giovanni Pitruzzella) on 29 November 2011, the Italian Competition Authority (“ICA”) launched a public consultation on new draft guidelines on the commitment procedure which will amend the notice of October 2006 adopted soon after the (...)

The Irish Parliament examines a new competition bill
European Commission (Brussels)
Ireland: New Competition Bill before Parliament* A Bill which will make significant amendments to Irish competition law is now making its way through Parliament. The Bill is in its final stages of being passed by the Parliament and is expected to become law before the Summer. The Competition (...)

The UK Competition Authority consults on the introduction of a new structure concerning investigation decisions under the Competition Act 1998
University of East Anglia
Article published on Centre for Competition Policy blog. OFT’s Proposed Reforms Fall Short of Ensuring Independence in Antitrust Decision Making* The OFT is currently consulting on its proposed new investigation procedures in competition cases. Much of what is proposed is very good – but the (...)

The French Competition Authority fines three leading companies in the dog and cat food sector for anticompetitive agreements (Nestlé / Mars / Colgate-Palmolive)
European Commission (Brussels)
France: The Autorité de la concurrence fines three leading Companies in Dog and Cat Food Sector* On 20 March 2012, the Autorité de la concurrence (the Autorité) fined the Nestlé, Mars Incorporated, Colgate-Palmolive Groups and their respective specialist subsidiaries Nestlé Purina Petcare France, (...)

The US Third Circuit Court of Appeals limits the prevailing party’s recoverable costs from e-discovery to the equivalent of making copies in the motor racing industry (Race Tires Am./Hoosier Racing Tire Corp.)
Paul Hastings (New York)
On March 16, 2012, the Third Circuit Court of Appeals weighed into a debate raging among district courts on whether broad e-discovery costs are taxable on the bill of costs under 28 U.S.C.A. § 1920 and thus recoverable by the prevailing party. Race Tires America, Inc. v. Hoosier Racing Tire (...)

The U.S. Third Circuit Court of Appeals narrowly construes the scope of recoverable costs from electronic discovery to tasks, such as transferring and scanning data, that are analogous to making copies in the car racing industry (Race Tires Am./Hoosier Racing Tire Corp.)
Morgan Lewis (Philadelphia)
,
Morgan Lewis (Philadelphia)
,
Dow Jones (Princeton)
A recent opinion vacating most of the electronic discovery costs affirmed in Race Tires II provides clarity in the Third Circuit as to the limited scope of electronic discovery costs recoverable by a prevailing civil party. The rapidly evolving area of the law regarding whether a prevailing (...)

The EU General Court partly annuls an EU Commission decision on restructuring aid granted to a bank on account of the financial crisis (ING)
Van Bael & Bellis (Brussels)
On 2 March 2012, the General Court (“GC”) has partly upheld ING’s appeal against a Commission decision of 2009 regarding various forms of aid granted by the Dutch State to the banking group ING in the context of the latter’s restructuring plan during the financial crisis. The ING group had (...)

The Danish Competition Authority decides that it has no grounds for action concerning a horizontal production agreement between mobile operators (Telia Denmark / Telenor)
European Commission (Brussels)
Denmark: Network Sharing Agreement in Danish Mobile Telecommunications Sector* On 29 February 2012, the Danish Competition Council (DCC) decided that it had no grounds for action in a case concerning a horizontal production agreement between the mobile operators Telia Denmark and Telenor A/S. (...)

The Danish Competition Authority accepts commitments in relation to a Radio Access Network sharing agreement between two telecom operators (Telia / Telenor)
Danish Competition and Consumer Authority (Copenhagen)
On 29 February 2012, the Danish Competition Council accepted commitments offered by two Nordic telecom operators in connection with a notification of an agreement by which the two telecom operators combined their respective Radio Access Network in a joint venture. Background Telia Sonera AB (...)

The French Competition Authority publishes a framework document on competition compliance programmes and a notice regarding its antitrust settlement procedure
European Commission (Brussels)
France: The Autorité de la concurrence publishes Framework Document on Competition Compliance Programmes and Notice regarding its Antitrust Settlement Procedure* Following a two-month public consultation, the Autorité de la concurrence (the Autorité) published on 10 February 2012 a framework (...)

The German Competition Authority accepts commitments offered by two sports leagues concerning the joint award of media rights (League Association / German Football League)
European Commission (Brussels)
Germany: Green Light for current Marketing Model of Football League Media Rights * On 17 April 2012, the award procedure for the media rights of the 1st and 2nd German football leagues has been concluded. On 12 January 2012, the Bundeskartellamt (BKartA) accepted the commitments offered by (...)

The Spanish Competition Authority reaches a settlement agreement with the Spanish federation of municipalities and provinces and four professional associations of architects and industrial engineers (Convenios FEMP / Consejos Superiores de Colegios)
Hogan Lovells (Madrid)
,
Linklaters (Madrid)
On 28 December 2011, the Council of the Spanish Competition Commission (the «Council«, the «SCC«) decided to accept the commitments that had been previously submitted by the Spanish Federation of Municipalities and Provinces (Federación Española de Municipios y Provincias,«FEMP«), the Spanish (...)

The French Competition Authority makes binding the commitments proposed by a leading retailer concerning its franchise agreement (Carrefour / Carrefour market)
Van Bael & Bellis (Brussels)
On 16 December 2011, the French Competition Authority made binding the commitments proposed by Carrefour concerning its Carrefour Market franchise agreement. In August 2010, Marcadet (a Carrefour franchisee) complained to the French Competition Authority concerning certain commercial (...)

The EU Commission publishes a notice regarding commitments dealing with restrictions as regards licensing practices (Thomson Reuters)
Ashurst (Milan)
Thomson Reuters offers commitments to close investigation by European Commission* On 14 December 2011 the European Commission published a notice inviting comments on commitments offered by Thomson Reuters that address concerns about whether its licensing practices, in relation to the Reuters (...)

The European Commission adopts new proposals on credit rating agencies featuring competition-related remedies
Liège University - IEJE
There’s no way, but the hard way* The Commission’s Draft Proposal for a New Regulation on Credit Rating Agencies (“CRAs”) is just out. It enshrines a whole host of competition-related remedies (see text at the end of this post). Amongst the proposals on the table: • A limitation of the (...)

The Romanian Competition Authority submits for public consultation the commitment proposals drafted by three telecom distributors (Payzone / PayPoint Services / PayUp)
European Commission (Brussels)
Romania: Public Consultation on Commitments submitted by Orange Romania and its Distributors* On 2 November 2011, the public consultation launched by the Competition Council (RCC) on the commitments submitted by Orange Romania was closed. The commitments were offered in a case regarding an (...)

The Cypriot Parliament adopts a leniency programme
European Commission (Brussels)
Cyprus: Leniency Programme to enter into Force* On 27 October 2011, the Regulations on Granting Immunity and/or Reducing administrative fines in cases of infringements of section 3 of Law 13(I)/2008 and/or Article 101 TFEU (Leniency Programme), were approved by the House of Representatives. (...)

The UK Competition Authority consults on updates to its penalty and leniency guidance
European Commission (Brussels)
United Kingdom: Office of Fair Trading (OFT) consults on update Penalty and Leniency Guidance* On 26 October 2011, the OFT published two revised guidance documents, setting out proposals to update its approach to financial penalties and to awarding leniency in competition cases. The OFT will (...)

The Danish Competition Authority adopts a commitment decision in order to prevent competition restrictions in the market for the installation of automatic sprinkler systems (Industry guideline on automatic sprinkler systems)
European Commission (Brussels)
Denmark: Commitments to modify Industry Guideline on automatic Sprinkler Systems* On 26 October 2011, the Danish Competition Council (DCC) adopted a commitment decision pursuant to Section 16a of the Danish Competition Act, in order to prevent competition restrictions in the Danish market for (...)

The European Commission issues new best practice guidelines on antitrust proceedings
Siemens (Brussels)
,
Jones Day (Brussels)
,
McDermott Will & Emery (Paris)
The European Commission published on 17 October 2011 its new guidelines for best practices during antitrust procedures. The guidelines cover the main proceedings concerning alleged infringements of Articles 101 and 102 of the Treaty on the Functioning of the European Union (cartel (...)

The Italian Competition Authority imposes fines totalling € 13 000 000 for collusive behaviour in public procurement in heathcare services (Healthcare liability coverage)
European Commission (Brussels)
Italy: Insurance Companies fined for collusive Behaviour in Public Procurement in Healthcare Services in Campania* On 28 September 2011, the ICA decided to fine three insurance companies and a multifirm insurance agency representing the insurance companies in tendering selections for a (...)

The Paris Commercial Court orders the French Competition Authority to disclose antitrust investigation documents (Ma Liste de Courses / HighCo / Sogec)
Jones Day (Brussels)
,
McDermott Will & Emery (Paris)
On 24 August 2011, the Commercial Court in Paris ordered the French competition authority, the Autorité de la concurrence (Autorité), to disclose documents relating to the settlement of an antitrust investigation in the context of a private damages action. This order could significantly (...)

The Lithuanian Competition Authority adopts a commitment decision concerning eight pharmaceutical companies suspected of anticompetitive vertical agreements (Pharmaceutical companies)
Valiunas Ellex (Vilnius)
On 21 July 2011, the Lithuanian Competition Council adopted commitments decision in the case which concerned allegedly anti-competitive vertical cooperation between producers/suppliers and wholesalers of pharmaceutical products with regards to their participation in tenders organised by (...)

The Lithuanian Competition Authority accepts commitments from eight pharmaceutical companies after an investigation into a possible anticompetitive vertical agreement (Berlin Chemie Menarini Baltic / GlaxoSmithKline Lietuva / Fresenius Kabi Polska / Viasana / Nutricia Baltics)
European Commission (Brussels)
Lithuania: The Competition Council accepts Commitments by eight pharmaceutical Companies* On 21 July 2011, the Lithuanian Competition Council (the CC) closed an investigation into possible anticompetitive vertical agreements between producers/suppliers and wholesalers of pharmaceuticals with (...)

The Italian administrative court of first instance annuls the decision of the National Competition Authority which fined a credit card company and eight Italian licensee banks for violating Art. 101 TFEU in relation to domestic interchange fees (Mastercard)
Ashurst (Brussels)
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Legance - Studio Legale Associato (Rome)
,
Alcon (Milan)
Background The judgement in comment (Judgement of TAR of Lazio n. 6171 of 11 July 2011) has annulled the final decision of the Italian Antitrust Authority ("IAA") of 3 November 2010 ("IAA Decision") which closed the proceeding against Mastercard and eight Italian banks ( the "Parties") and (...)

An Italian Administrative Court sets aside the Italian Competition Authority’s decision to fine a payment card network company, and 8 Italian banks for infringing art. 101 TFEU (MasterCard)
LUISS Guido Carli University (Rome)
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LUISS Guido Carli University (Rome)
,
OECD - Competition Division (Paris)
Introduction On the 11th of July 2011 the Italian Regional Administrative Court of Latium (Tribunale Amministrativo Regionale per il Lazio – hereafter “IRAC”) upheld the appeal of Monte dei Paschi di Siena S.p.A. (hereafter MPS”) against the decision no. 21768 of the Italian Competition Authority (...)

The French Competition Authority makes mandatory commitments proposed by an economic interest group to reduce the inter-bank fees applicable to transactions by payment cards (Groupement des Cartes Bancaires)
White & Case (Paris)
On July 7, 2011, the French Competition Authority (hereinafter the “Authority”) issued a decision whereby it accepts settlement of an investigation and makes mandatory the commitments proposed by “Groupement des Cartes Bancaires”,an Economic Interest Group which brings together more than 130 banks (...)

The French Competition Authority makes commitments from card companies to reduce the interchange fees associated with payments and withdrawals binding (CB Bank Cards Group)
European Commission (Brussels)
France: The Autorité de la concurrence makes Commitments cutting MIFs on Payment Cards by 20% to 50% binding* On 7 July 2011, the Autorité de la concurrence (the Autorité) made commitments from the Groupement des Cartes Bancaires (the Groupement), which includes over 130 banks, binding whereby (...)

The Spanish Competition Authority closes with commitments proceedings initiated against two companies for alleged restrictive practices in the printed advertising sector (Vocento / Godό)
Callol, Coca & Asociados (Madrid)
On 30 June 2011 the NCC has decided to close a formal proceeding opened ex officio against Corporación Vocento S.A.U. and Vocento, S.A. (VOCENTO) and Publipress Media, S.L.U. and Grupo Godó de Comunicaciones S.A. (GODÓ) for possible restrictive practices under Article 1 SCA. The practices (...)

The Spanish Competition Authority agrees to the termination, subject to commitments, of the proceedings against several television companies for anticompetitive agreements concerning advertising slots (Antena 3 Televisión / Veo Televisión / The Walt Disney Company Iberia)
Mediaset (Madrid)
,
Cuatrecasas, Goncalves Pereira (Brussels)
,
Allen & Overy (Madrid)
On June 30, 2011, the Spanish Competition Commission (Comisión Nacional de la Competencia or “CNC”) agreed to the termination, subject to commitments, of the sanctioning proceedings initiated against several broadcast television companies for adopting horizontal agreements relating to sales and (...)

The Danish Competition Authority finds that a municipality granted unlawful aid to a national football club but does not order repayment because the aid was granted before the relevant State aid provisions in the Danish Competition Act came into force (The Farum Park Case)
Bech-Bruun (Copenhagen)
On 22 June 2011 the Danish Competition Council issued a decision dealing with the question whether a Danish municipality (municipality of Furesø) had rented a Center for Sport and Culture to a local football club (FC Nordsjaelland) to a price below market price, leading to a grant of unlawful (...)

The Danish Competition Authority orders full recovery of unlawful aid according to section 11a of the Competition Act after the case was referred for reconsideration by the Competition Appeals Tribunal (The Kastrup Marina Case)
Bech-Bruun (Copenhagen)
By its second decision of 22 June 2011 in the Kastrup Marina Case the Danish Competition Council has for the first time ever ordered full recovery of unlawful and incompatible aid under Section 11a in the Danish Competition Act (corresponding to Article 107 of the EUF Treaty). The first (...)

The US Supreme Court holds that a claim for monetary relief shall not be certified under Federal Class Actions Rule, if it is not secondary to obtaining an injunction or declaration (Wal-Mart Stores / Dukes)
Sheppard Mullin (Los Angeles)
Wal-Mart v. Dukes: Implications For Antitrust Class Actions* On June 20, 2011, the United States Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, No. 10-277, holding that 1.5 million female Wal-Mart employees around the nation could not bring discrimination claims under Title VII of the (...)

The UK Office of Fair Trading announces next steps in its investigation into the market for external audit services (Audit market investigation)
European Commission (Brussels)
United Kingdom: The Office of Fair Trading (OFT) announces next Steps in Audit Market* The OFT has been concerned for some time that the market for external audit services to large firms in the UK is highly concentrated, with substantial barriers to entry and switching. On 17 May 2011, (...)

The French Competition Authority accepts commitments in relation to exclusivity agreements in the multi-brand gift cards sector (Accentiv’Kadéos)
Hewlett Packard (Boulogne-Billancourt)
,
Affinion International (London)
In its decision N°11-D-08 dated 27 April 2011, the French Competition Authority (the «Competition Authority«) accepted the commitments offered by Accentiv’Kadéos in relation to exclusivity agreements between it and its partner brands in the multi-brand gift cards sector. Background On August 2009, (...)

The Polish President of the Office of Competition and Consumer Protection imposes commitments to remedy RPM in a vertical hard core restrictions case concerning gardening products distribution (Scotts Poland)
Greenberg Traurig Grzesiak (Warsaw)
,
Hogan Lovells (Warsaw)
On 26 April 2011, the President of the Office for Competition and Consumers Protection (the «OCCP» or the «Office») issued a decision in which it found that Scotts Poland sp. z o.o. (the «Scotts» or the «Company»), a subsidiary of Scotts Miracle-Gro Company, applied a resale price maintenance clause in (...)

The Romanian Competition Authority accepts commitments from the national football federation in relation to the joint selling of media rights (Federația Română de Fotbal / Liga Profesionistă de Fotbal din România)
Faculty of Law - University of Macau
On 19 April 2011 the Romanian Competition Authority (CC) accepted the commitments proposed by the Romanian Football Federation (FRF) and, one of its members, the Romanian Professional Football League (LPF) in relation to the joint selling of the media rights and thus closed its investigation (...)

The Latvian Competition Authority fines a tenant and owner of shopping malls for an anticompetitive agreement (RIMI / Marno J.)
Konkurences padome (Riga)
The CC Fines for Prohibited Agreement in Contracts between Anchor Tenant and Owner of Shopping Malls* On 8 April 2011 the Competition Council (CC) adopted a decision establishing the existence of a prohibited agreement between retail chain (Rimi group) and lessor of selling space in shopping (...)

The French Competition Authority publishes market-tested commitments proposed by the French bank card association in order to resolve antitrust concerns regarding multilateral interchange fees (Groupement des Cartes Bancaires)
European Commission (Brussels)
France: The Autorité de la Concurrence market-tests Commitments on MIFs, including on Debit and Credit Cards* Following a complaint made by two professional associations of merchants and retailers against ultilateral interchange fees (MIFs)used in the various payment systems in France, the (...)

The Italian Competition Authority closes an investigation into the national consortium for the recovery and recycling of cellulose-based packaging for alleged infringement of Art. 101 TFEU, after accepting the commitments proposed (COMIECO)
European Commission (Brussels)
Italy: The Italian Competition Authority (ICA) accepts Commitments and closes Investigation regarding Waste Paper Consortium COMIECO* On 16 March 2011, the Italian Competition Authority (ICA) closed proceedings based on an alleged violation of Article 101 TFEU against COMIECO, a consortium of (...)

The Italian Competition Authority accepts commitments from a national recycling consortium in relation to alleged anticompetitive practices in the paper waste and raw paper material sector (COMIECO)
DG COMP (Brussels)
The Italian Competition Authority (hereafter Agcm) has accepted and made binding commitments offered by the National Consortium established under Italian private law to rationalize, organize and promote the recovery and recycling of cellulose-based packaging (hereafter “COMIECO”). The Agcm (...)

The U.S. FTC publishes a report on patent system recommending reforms on notice and remedies to benefit both consumers and competition
Gibson Dunn (New York)
U.S. Federal Trade Commission Recommends Changes to U.S. Patent System* The U.S. Federal Trade Commission (“FTC”) has issued a report analyzing the U.S. patent system from a competition policy perspective. The FTC recognizes that, like the competitive process fostered by competition law, the (...)

The Latvian Competition Authority decides that the participation of commercial banks in multilateral interchange fees for cash withdrawals and card payments is illegal under Article 11 of the Competition Act (Aizkraukles banka and Others)
Konkurences padome (Riga)
Prohibited Agreement in Banking Sector* On 3 March 2011 the Competition Council (CC) decided that 22 Latvian commercial banks have infringed Article 11 Part 1.1 of the Competition Law by participating in the Multilateral agreement on the interchange fee for cash withdrawals at ATM, cash (...)

The French Competition Authority fines four companies that rigged bids for procurement contracts in the sector for painting services for naval equipment and engineering structures (Grivetto / Philippe Lassarat / Prezioso-Technilor / Sorespi Bretagne)
French Competition Authority (Paris)
The Autorité de la concurrence fines four companies that rigged bids for procurement contracts in the sector of painting services for naval equipments and engineering structures* After the French Minister of economy referred the file to it, the Autorité de la concurrence issues today a decision (...)

The U.S. Federal District court rules that the Department of Justice was entitled to seek disgorgement as a remedy for an alleged Sherman Act violation (KeySpan)
Wolters Kluwer (Riverwoods)
Can the Justice Department Seek Disgorgement for a Sherman Act Violation?* The federal district court in New York City ruled last week that the Department of Justice was entitled to seek disgorgement as a remedy for an alleged Sherman Act violation. The court approved a consent decree, which (...)

The UK Competition Authority launches a consultation on its intention to accept binding commitments to modify a data exchange tool used by motor insurers (Motor Insurers)
Vinge (Stockholm)
The European Commission’s revised Guidelines on Horizontal Cooperation have met with mixed reactions from practitioners and businesses, especially insofar as information exchange is concerned. However, a decision of the UK Office of Fair Trading (“OFT”) applying the new Guidelines gives a (...)

The UK Competition Authority negotiates an agreement limiting the exchange of pricing data among car insurers (Motor Insurers)
Akin Gump Strauss Hauer & Feld (Washington)
,
Bona Law (New York)
This article is the winner for business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to read more about the Antitrust Writing Awards. Summary Britain’s Office of Fair Trading (the UK consumer and competition authority) has negotiated an agreement that (...)

The Romanian Competition Authority adopts guidelines on its commitments procedure and launches a market test of commitments regarding the joint selling of commercial rights for football broadcasting (Romanian Football Federation / Professional Football League)
European Commission (Brussels)
Romania: The Competition Council adopts Guidelines on Commitments Procedure and launches Market Test on Commitments on the Joint Selling of Commercial Rights for Football Broadcasting* On 5 January 2011, guidelines on commitments procedure were published in the Official Gazette no. 11. The (...)

The Spanish Competition Authority declares the end of the ’termination by commitments’ agreement in a case concerning interchange fees for transactions by debit and credit cards (Servired / Sistema 4B / Euro 6000)
European Commission (Brussels)
Spain: The National Competition Commission (CNC) closes Monitoring of Termination by Commitments Agreement (TCA) in Interchange Fees for Transactions by Debit and Credit Cards Case* On 20 December 2010, the CNC Council declared the monitoring of the Termination by Commitments Agreement (TCA) (...)

The Swedish Competition Authority accepts a commitment from a make up retailer to cease resale price maintenance agreements with franchisees (Make up Store)
Vinge (Stockholm)
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Cosmetics Europe (Brussels)
Introduction The Swedish Competition Authority (“SCA”) accepted a commitment subject to a fine of SEK 750 000 from a franchiser to, firstly, cease fixing prices centrally via its online system for cash registers and secondly, to make clear that the prices set by the franchiser were recommended (...)

The EU Commission makes legally binding the commitments offered by a global payments technology company to cut interbank fees for debit cards (Visa Europe)
DG COMP (Brussels)
,
DG COMP (Brussels)
Payment cards: Visa debit card fees go down* 1. Background Card payments represent about 35 % of all non cash payments in the EU 27. It is estimated that businesses pay tens of billions of euros (25 billion in 2005) in fees per year to accept cards. The Commission has a long history of (...)

The Italian Administrative Court annuls the Competition Authority’s decision to reject commitments offered by a credit card company in order to address competition concerns relating to interchange fees (MasterCard)
European Court of Justice (Luxembourg)
,
NCTM - Studio Legale Associato (Milan)
I. Introduction On 16 November 2010, the Regional Administrative Tribunal of Latium (the “TAR Latium”) annulled a decision by which the Italian Competition Authority (the “ICA”), rejected the commitments proposed by MasterCard in a proceeding pursuant to Article 101 TFEU (the “Commitments”). (...)

The Danish Competition Authority adopts a commitment decision to remove a prohibition against resale of ferry tickets (Scandlines)
European Commission (Brussels)
Denmark: Scandlines - Commitments to remove a Prohibition against Resale of Ferry Tickets for Freight On 27 October 2010, the Competition Council adopted a decision which renders legally binding the commitments offered by Scandlines to remove a prohibition against the resale of ferry tickets (...)

The Swiss Competition Authority fines firms dealing with window and window doors a total of 7.6 million CHF for fixing the date and level of price increases (Window mounting cartel)
Agon Partners (Zurich)
,
Swatch (Basel)
I. Summary The Swiss Competition Commission fines firms dealing with window and window doors a total of 7.6 million CHF for fixing the date and level of price increases. II. Case A. Parties/market structure Leading procuders of mountings for windows and window doors Roto Frank AG, Germany (...)

The Italian Competition Authority closes two parallel investigations into joint fixing of banking commissions for payment services by accepting commitments (Accordi Interbancari Riba / Rid / Bancomat)
Desogus Law Office (Cagliari)
Introduction By a commitments decision taken on 30 September 2010 the Italian Competition Authority (ICA) closed two parallel investigations against the Italian Banking Association (ABI) and Consorzio Bancomat, respectively. The ICA found the set of commitments offered by the parties to be (...)

The European Ombudsman clears Commission’s refusal to grant access to preliminary assessment in a commitment case (E.ON)
Van Bael & Bellis (Brussels)
On 7 May 2008, the Commission adopted a preliminary assessment within the meaning of Article 9 of Regulation 1/2003 concerning alleged abusive practices by E.ON and its subsidiaries on the German electricity wholesale and balancing markets. On 27 May 2008, E.ON submitted commitments with a view (...)

The Slovenian Competition Authority accepts a technology company’s commitments concerning warranty claims (Samsung Austria)
Criterion Economics (Washington)
In August 2010, the Slovenian Competition Authority (hereinafter: Competition authority) accepted the commitments offered by Samsung Electronics Austria GmbH (hereinafter: Samsung Austria) concerning the exercise of right arising from warranty claims. The Competition authority found that (...)

The UK Competition Authority adopts a provisional decision on retail payment protection insurance remedies (PPI market investigation)
EFTA Surveillance Authority (Brussels)
Background On 29 July 2010, the Competition Commission published its provisional decision regarding its investigation into the payment protection insurance (“PPI”) market and invited comments to be submitted before 3 September 2010. The provisional decision was the latest step in a process (...)

The Italian Competition Authority accepts commitments submitted by the leading auction company following an investigation into unfair practices (Sotheby’s)
Codacons (Rome)
The Italian branch of Sotheby’s, Sotheby’s S.r.l. (hereninafter SHT), sells and buys antiques, arts and collection items during public auctions. The Italian Antitrust Authority (hereinafter ICA), started investigation in March 2010, because was reported that SHT provided incomplete and deceiving (...)

The U.S. Department of Justice obtains a disgorgement remedy in a civil antitrust settlement with an electricity supplier in a market manipulation case (KeySpan)
Jones Day (Houston)
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Jones Day (Washington DC)
,
Alston & Bird (Washington DC)
Reaching the end of a three-year investigation, today the Department of Justice Antitrust Division asked a New York federal court to approve the DOJ’s settlement of claims that KeySpan violated the antitrust laws by manipulating the NYC wholesale electricity market. The DOJ claimed KeySpan (...)

The German Competition Authority accepts commitments from energy suppliers to renounce resale prohibitions (RWE / EWE / RheinEnergie / Wingas / N-Ergie / Stadtwerke Hannover / Erdgas Muenster / Stadtwerke Leipzig / SWM / Entega / Stadtwerke Kiel / Koethen Energie)
European Commission (Brussels)
Germany: Energy Suppliers agree to abandon Resale Prohibitions* The Bundeskartellamt has concluded on 7 July 2010 most of its proceedings against gas and electricity suppliers on account of their imposing inadmissible resale bans. Twelve of the major energy suppliers in Germany (RWE, EWE, (...)

The UK Competition Authority implements a revised approach for company director disqualification orders (OFT guidance document on director disqualification orders in competition cases)
Talwar, Thakore & Associates (New Delhi)
On 29th June 2010, the UK Office of Fair Trading (OFT) published revised guidance on the issue of Director Disqualification Order (DDO) in competition cases. The legal provisions relating to DDO are contained in the Company Directors Disqualification Act, 1986 as amended by the Enterprise Act, (...)

The EU Court of Justice sets aside the first judgment of the General Court annulling a commitment decision and dismisses breaches of the principle of proportionality and due process standards by the Commission (Alrosa)
DG COMP (Brussels)
Alrosa, negotiated procedures and the procedural economy/due process conundrum – one step forward, three steps back?* Friends of the blogosphere: greetings! There was something refreshing in the judgment rendered in 2007 by the General Court (GC) in the Alrosa case (T-170/06). If somewhat (...)

The Finnish Competition Authority accepts commitments to improve access of independent repairers to access to the technical training programs for Mercedes-Benz vehicles (Veho)
European Commission (Brussels)
Finland: Veho’s Commitments to improve Access of independent Repairers to Training made legally binding On 28 June 2010, Veho Group Oy Ab’s (Veho)’s commitments, which had been accepted by the Finnish Competition Authority (FCA) in its decision of 28 May 2010 in order to improve the independent (...)

The French Competition Authority accepts commitments in order to address competition concerns in the discount coupons sector (HighCo / Sogec / Perifem)
French Competition Authority (Paris)
The Autorité de la concurrence accepts commitments enabling all market operators to use Webcoupon or to develop equivalent solutions* After a referral by the Institut de liaisons et d’études des industries de consommation (ILEC), and the company Ma Liste de Courses (MLDC), which complained of the (...)

The Paris Court of Appeals applies the EU "harmless error rule" in a commitment procedure where a party has been denied full access to the French Competition Authority’s file (Canal 9)
Jones Day (Paris)
The harmless error rule and the French commitment procedure* Merely one month before the ECJ delivered its very expected judgment in the Alrosa case, a ruling of the Paris Court of Appeals confirmed that the exercise of the rights of the defense in commitment procedures raises delicate issues (...)

The EU Commission consults on commitments offered by a credit card company in relation to multilateral interchange fees (Visa)
Van Bael & Bellis (Brussels)
The European Commission has recently consulted on commitments offered by Visa Europe in the context of the Commission’s ongoing investigation into multilateral interchange fees (“MIF”). MIFs are charged by a cardholder’s bank (the “issuing bank”) to a merchant’s bank (the “acquiring bank”) for each (...)

The EU Commission approves a € 1.5 billion recapitalization provided by Belgium in order to restructure a Belgian insurer (Ethias)
DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* The Commission approved on 20 May 2010 a €1.5 billion recapitalisation provided by Belgium in the context of the restructuring of Ethias, a Belgian insurer that ran into severe difficulties in 2008. Ethias historically operated (...)

The Bulgarian Competition Authority issues its 2009 annual report
Faculty of Law - University of Macau
On 27 May 2010 the Bulgarian Competition Authority (CPC) presented its 2009 Annual Report to the national parliament. While the 2009 report covers various areas of the CPC’s activity including state aid control, prosecution of unfair competition and international cooperation, present review (...)

The Belarussian Ministry of Economy amends the abuse of dominant position instruction to complete the Competition Law
The Association for European Business (AEB)
1. Applicable Legislation The Law of the Republic of Belarus On Counteraction to Monopolistic Activity and Promotion of Competition of 10 December 1992 as amended as of 2010 (the “Law” hereinafter) is the main law governing merger control issues in Belarus in general and abuse of dominant market (...)

The Danish Competition Authority adopts a commitment decision lifting a ban on reporting of sales prices and contribution margins (Bestseller)
Danish Competition and Consumer Authority (Copenhagen)
On 24 March 2010, the Danish Competition Council adopted a commitment decision, cf. section 16 a of the Danish Competition Act, allowing Bestseller A/S to regain access to price information from its franchise partners - irrespective of a previous injunction issued by the Competition Council in (...)

The EU Commission consults on remedies regarding cooperation between companies in the airline sector (Iberia / British Airways / American Airways)
Van Bael & Bellis (Brussels)
On 10 March 2010, the European Commission opened a consultation on remedies offered by British Airways (“BA”), American Airlines (“AA”) and Iberia in the context of its review of the airlines’ envisaged cooperation relating to transatlantic flights under Article 101 TFEU. The three airlines have (...)

The Paris Court of Appeal rejects appeals by companies in the online travel sales sector found to have engaged in vertical practices and abuse of dominance under both EU and national provisions (SNCF / Expedia)
Novartis (Rueil-Malmaison)
BACKGROUND The Paris Court of Appeals (hereafter “the Court”) confirms a decision by the French Competition Council (hereafter “the Council”) which fined SNCF and Expedia, Inc. (hereafter “Expedia”) in a decision No. 09-D-06 of 5 February 2009. The appeal was brought by Karavel (a travel agency, (...)

The U.S. Department of Justice seeks a new disgorgement remedy in a civil antitrust case (KeySpan)
Jones Day (Houston)
,
Jones Day (Washington DC)
,
Alston & Bird (Washington DC)
Until last week, the U.S. Department of Justice had not sought to obtain disgorgement as a remedy in a civil Sherman Act case. In the antitrust lawsuit and settlement filed on February 22 in U.S. v. KeySpan, the Antitrust Division asks that the court approve a settlement requiring the defendant (...)

The French Commercial Supreme Court quashes the Court of Appeal decision in the iPhone case without any practical effect (Apple iPhone)
Vogel & Vogel (Paris)
The Court of Cassation has quashed and annulled the decision by which the Paris Court of Appeal upheld the order for interim measures - which are very unusual - leading to the suspension of Orange’s exclusive deal to market the iPhone . According to the Court of Appeal, exclusive agreements (...)

The Bulgarian Competition Authority issues guidelines on commitments
Faculty of Law - University of Macau
On 9 February 2010 the Bulgarian Competition Authority (CPC) issued the Guidelines on assessment of commitments under competition law (the Guidelines), which contain substantive and procedural rules on presentation, assessment and acceptance of commitments within the framework of investigations (...)

The U.S. Department of Justice files a statement of interest raising concerns about cooperation and exclusivity regarding the proposed settlement in an e-books case (Google Books)
Stanford University - Stanford Law School
U.S. Department of Justice remains concerned over antitrust issues raised by “Google Books” settlement* On 4 February 2010 the U.S. Department of Justice filed a statement of interest regarding the proposed amended settlement agreement in The Authors Guild Inc. et al. v. Google Inc. with the (...)

The French Supreme Court reaffirms its case law on the parties’ right of access to documents in the framework of the commitments procedure (CRSP)
Van Bael & Bellis (Brussels)
In three judgments of 2 February 2010 (all published on 23 February 2010) the French Supreme Court annulled the judgments of 26 November 2008, whereby the Paris Court of Appeal had annulled commitments decisions adopted by the French Competition Authority in the pharmaceutical sector. This case (...)

The EU Commission investigates the remedies proposed by airlines in the context of envisaged cooperation relating to transatlantic flights (British Airways / American Airlines / Iberia)
Van Bael & Bellis (Brussels)
The European Commission has recently confirmed that it is investigating the sufficiency of remedies proposed by British Airways, American Airlines and Iberia in the context of its review of the compatibility of the airlines’ envisaged cooperation relating to transatlantic flights with Article (...)

The Spanish Competition Authority closes its case concerning anticompetitive agreements in the TV sector, following commitments (Telefónica Cable / Sogecable)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia (CNC) closes Satellite Pay TV Case following Commitments* On 28 January 2010, the CNC Council resolved by means of a commitments decision the formal proceedings in case TRIO PLUS, opened against Telefónica Cable, S.A.U. and Sogecable, S.A. for (...)

The French Competition Authority accepts commitments from a technology company and a mobile telecommunications company to waive distribution exclusivity of mobile telephones (Apple / Orange)
Norton Rose Fulbright (Paris)
On 11 January 2010, the French Competition Authority handed down its first decision of 2010, accepting the commitments undertaken by Apple and Orange to waive any distribution exclusivity on current and future iPhones models. Such Commitment Decision, taken pursuant to Article L. 464-2 I of (...)

The Italian Competition Authority accepts commitments submitted by an association of undertakings in order to end a possible violation of Art. 101 TFEU regarding professional fees (Council of psychologists)
Codacons (Rome)
The "Consiglio Nazionale dell’Ordiene degli Psicologi" ("CNOP") is the organ which represents the Council of psychologists at national level: it approves the professional ethics code, it manages the internal organization, compiles the balance sheets, and ensures the respect of the legislation, (...)

The Lithuanian Competition Authority closes its investigation into retail trade and technical maintenance of automobiles, following its acceptance of commitments (Honda Motor Europe)
European Commission (Brussels)
Lithuania: The Competition Council (CC) closes Investigation in Retail Trade of Automobiles and Technical Maintenance Sector following Commitments* On 24 December 2009, the Lithuanian Competition Council terminated its investigation concerning the compliance of the practices of vehicle traders (...)

The Latvian Competition Authority fines two phone kiosk chains for a prohibited agreement on the market for prepaid cards (Plus Punkts / Narvesen Baltija)
Konkurences padome (Riga)
The Competition Council Fines Two Kiosk Chains for Prohibited Agreement* On 16 December 2009 the Competition Council of Latvia adopted a decision establishing a prohibited agreement between two kiosk chains – Plus Punkts Ltd. and Narvesen Baltija Ltd./Preses apvienība Ltd. – and imposed fines in (...)

The EU Commission endorses commitments made by the Dutch authorities to bring the social housing system into line with EU state aid rules (Dutch Housing Corporations)
DG COMP (Brussels)
"State aid: main developments between 1 September and 31 December 2009"* On 15 December 2009, the European Commission endorsed commitments made by the Dutch authorities to bring the social housing system into line with EU state aid rules. In particular, the Dutch authorities will ensure that (...)

The Italian Administrative Supreme Court upholds a tribunal judgment which partially annulled the Italian Competition Authority’s commitment decision for excess of power (Federazione Italiana Sport Equestri)
Bonelli Erede (Rome)
http://www.giustizia-amministrativa.it/webcds/ElencoSentenze.asp By its judgment delivered on 11 November 2009, the Italian Last Instance Administrative Court (“Consiglio di Stato”) upheld the judgment of the Court of First Instance (“Tar Lazio”) which had annulled the Italian Competition (...)

The Swedish Competition Authority accepts a commitment, subject to penalty of a fine, from a trade association for laboratories to amend its general terms (Föreningen ackrediterade Laboratorier)
Vinge (Stockholm)
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Swedish Competition Authority (Stockholm)
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Vinge (Stockholm)
Introduction On November 16, 2009, the Swedish Competition Authority (“SCA“) accepted a commitment offered by Föreningen ackrediterade Laboratorier (“FaL”), a trade association for private laboratories, thereby closing its investigation about FaL’s general terms for laboratory services. Background (...)

The Danish Competition Authority adopts a commitment decision to prevent the exchange of cost information between industrial laundries (Textile Services Association)
Danish Competition and Consumer Authority (Copenhagen)
On 25 November 2009, the Danish Competition Council adopted a commitment decision, cf. Section 16 a of the Danish Competition Act, whereby the Textile Services Association undertook to cease the exchange of a cost index for industrial laundries and to disband the association’s cost-index (...)

The Paris Court of Appeal makes a reference for a preliminary ruling to the ECJ on whether a general and absolute ban on Internet sales by approved distributors does constitute a “hardcore restriction” on competition by object within the meaning of Art. 81.1 EC (Pierre Fabre Dermo-Cosmétique)
Norton Rose Fulbright (Paris)
In a judgment dated 29 October 2009, the French Court of Appeal made a reference for a preliminary ruling under article 234 of the Treaty establishing the European Community (the “EC Treaty”), whereby the ECJ was asked to answer “the question whether a general and absolute ban on Internet sales to (...)

The French Competition Authority accepts to close the proceedings conditional to the cease of long-term exclusive agreements (Cybervitrine / Photomaton)
Norton Rose Fulbright (Paris)
In a decision dated 26 October 2009, the French Competition Authority decided, pursuant to Article L. 464-2 I of the French commercial code, to close the proceedings opened against the Photomaton Company, in exchange of certain commitments regarding the long-term exclusive agreements it had (...)

The European Commission accepts commitments proposed by UK Association in the ship classification market (International Association of Classification Societies)
DG COMP (Brussels)
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European Commission - DG DEVCO
"Commitment decision in the ship classification case: Paving the way for more competition"* I. Introduction On 14 October 2009, the Commission adopted a decision under Article 9(1) of Regulation 1/2003 that renders legally binding commitments offered by the International Association of (...)

The Hungarian competition authority accepts commitments from the lawyer’s Bar on registration fees (Békés Megyei Ügyvédi Kamara)
Hungarian Competition Law Research Centre
The Hungarian competition authority, the Gazdasági Versenyhivatal (GVH) accepted commitments from the lawyer’s Bar of Békés Megye (Békés Megyei Ügyvédi Kamara; further on: BMÜK). The GVH initiated the investigation on 7 May 2007, because it was thought that the BMÜK with the imposition of procedural (...)

The Paris Court of Appeal holds that, in compliance with the adversarial principle, the parties to the commitments procedure shall have access to all documents on the basis of which the case handler had drafted its preliminary assessment (Canal 9 / Les Indépendants)
Norton Rose Fulbright (Paris)
Following the quashing of its first decision , the Paris Court of Appeal held, in the present decision , that in compliance with the adversarial principle, the parties to the commitments procedure shall have access to all documents on the basis of which the French Rapporteur (the “case handler”) (...)

The French Competition Authority fines € 6.9 M a football association and a rights for sports management agency for anticompetitive agreements on the market for audiovisual rights (FFF-Sportfive)
Credit Agricole
Following its 2001 and 2004 decisions to investigate competition in the field of management of professional football rights, the Autorité de la concurrence imposed a fine of 6.9 million € on the Fédération Française du football (FFF), the French football association, and Sportfive for their (...)

The Moldovan Competition Authority issues a conditional exemption of cooperation agreement between two leading sugar producers (Südzucker Moldova / Gold Crown)
Faculty of Law - University of Macau
On 10 September 2009 Moldovan Competition Authority (ANPC) approved a cooperation agreement concluded between two leading sugar producers, Südzucker Moldova S.A. (Südzucker) and Gold Crown S.R.L. (Gold Crown), subject to conditions. Within the agriculture-oriented national economy of Moldova (...)

The Spanish Competition Authority fines major fuel suppliers for resale price maintenance and accepts commitments relating to long-term contracts and non-compete clauses (Repsol / CEPSA / BP)
Van Bael & Bellis (Brussels)
According to a press release of 30 July 2009, the Spanish Competition Authority imposed fines totalling € 7.9 million on REPSOL, CEPSA and BP (the three main suppliers of fuel in Spain) for violating the competition rules by engaging in resale price maintenance in their relations with (...)

The High Court of Ireland holds trade association in contempt of court for price fixing (Competition Authority/Licensed Vintners Association & Ors)
The HR Suite
Introduction In a decision of the 24th July 2009, Mr. Justice McKechnie found the Vintners’ Federation of Ireland (VFI) and the Licensed Vintners Association (LVA) had breached the terms of settlement agreed with the Competition Authority. The case arose out of complaint from the Competition (...)

The European Commission authorises State aid granted by Poland for restructuring shipyard (Gdansk Shipyard)
DG COMP (Brussels)
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DG COMP (Brussels)
"Restructuring of Gdansk Shipyard — outlook good for return to viability after four-year investigation"* On 22 July 2009, the Commission authorised State aid granted or planned by Poland for restructuring Gdansk Shipyard. The Commission found that both the € 94 million of aid already received by (...)

The Finnish Competition Authority imposes commitments on the pricing of ATM withdrawals by three banks which own the dominant ATM operator (Norde Bank / OP Bank / Sampo Bank)
Roschier (Helsinki)
The Finnish Competition Authority (“FCA”) has on 18 June 2009 imposed binding commitments on Nordea Bank Finland Plc (“Nordea”), OP-Pohjola Group (“OP”) and Sampo Bank Plc (“Sampo”) (jointly “Banks”) concerning their pricing of ATM withdrawals. The Banks own Automatia Pankkiautomaatit Oy (“Automatia”), (...)

The Chinese Antitrust Authority publishes new procedural rules for non-merger investigations
Jones Day (Beijing)
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Jones Day (Beijing)
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Winston & Strawn (New York)
On June 5, 2009, the PRC State Administration of Industry and Commerce (« SAIC ») published two new sets of procedural rules to implement the Chinese Anti-Monopoly Law (« AML »). One set of rules deals with procedures for the investigation and handling of cases involving monopoly agreements and (...)

The Italian Competition Authority closes investigation on common interbank charges and MAV payment services by accepting commitments (Associazione Bancaria Italiana)
Desogus Law Office (Cagliari)
By a recent decision, the Italian Competition Authority (ICA) has closed an investigation into two anticompetitive agreements affecting the banking market for payment services by accepting and making binding a set of commitments presented by the parties upon the basis of Art. 14-ter of the Act (...)

The Macedonian Competition Authority releases its 2008 Annual Report
Faculty of Law - University of Macau
On 31 March 2009 the Macedonian Competition Authority (Комисијата за заштита на конкуренцијата) (KZK) released its annual report summarizing competition law enforcement activities undertaken in 2008. Legislative amendments and secondary regulations In its Annual Report KZK applauded recent amendments of the competition law (...)

The UK Competition Appeal Tribunal rules, for the first time ever, against a Competition Commission’s market investigation remedy (Tesco)
RBB Economics (London)
Summary On 4 March 2009 the UK Competition Appeal Tribunal (CAT) upheld Tesco’s appeal against a remedy proposed by the Competition Commission (the Commission) based on its wide-ranging investigation into the UK grocery market published on 30 April 2008. Tesco had challenged only one aspect of (...)

The Turkish Competition Authority introduces a new fining regime in order to enhance the effectiveness of competition law enforcement
Turkish Competition Authority (Ankara)
Stories on the Fining Regulation (2): A New Hope?* In the episode IV of the epic movie Star Wars, Luke Skywalker shows up to restore justice in the galaxy before all hopes are wiped out by the tyrannical Darth Vader, formerly known as Anakin Skywalker who is the father of Luke. At this point, (...)

The Turkish Competition Authority’s member of the board expresses dissenting opinion in relation to the legality of the fines imposed according to the newly adopted fining regulations
Turkish Competition Authority (Ankara)
Stories on the Fining Regulation (1): Can Anyone Spot The Difference?* The story begins in January 2008 by the amendments made to the Competition Act. These amendments mainly contain the inclusion of the leniency and the possibility of imposition of fines on individuals. Apart from that, the (...)

The French NCA fines several temping agencies nearly € 100 M, but grants significant reductions for certain parties who enter into innovative commitments (Adecco, Manpower, VediorBis)
Hewlett Packard (Boulogne-Billancourt)
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Ginestié Magellan Paley-Vincent (Paris)
On 2 February 2009, the French Competition Council ("the Council") fined several agencies active in the temporary employment sector in France (Adecco, Adia, Manpower and VediorBis - "the Companies") for concerted practices. Context Temping enables businesses desiring more flexibility to use (...)

The California Supreme Court clarifies the meaning of damages under the Consumers Legal Remedies Act and the matter of standing to seek declaratory relief (Meyer / Sprint Spectrum)
Sheppard Mullin (Los Angeles)
California Supreme Court Clarifies the Meaning of “Any Damage” as a Standing Requirement Under California’s Consumers Legal Remedies Act* California Supreme Court’s Kagan analysis is clarified by Proposition 64 spill-over. Meyer v. Sprint Spectrum LP, ___ Cal. __, 2009 WL197560 (January 29, 2009). (...)

The Polish Competition Authority condemns a resale price maintenance agreement and rejects a demand for a commitment decision (Koral and Zabka Polska)
French National Research Agency - ANR (Paris)
The present decision n° RKT-107/2008 of 31 December 2008 relates to some provisions of the cooperation agreement signed by one of the biggest ice-cream manufacturers in Poland, i.e., Przedsiêbiorstwo Produkcji Lodów “KORAL” - Józef Koral spólka jawna (hereafter: KORAL) and a chain of convenience (...)

The Bulgarian Parliament passes a new law on the Protection of Competition
Tesoro (San Antonio)
1. On December 2, 2008 the new Bulgarian Law on the Protection of Competition (“LPC”) came into effect. Shortly after Bulgaria joined the EU in 2007, it became clear that the patchwork additions that have been made over the years to the existing 1998 Law on the Protection of Competition (“1998 (...)

The UK Competition Commission publishes for consultation its proposed remedies to improve competition in payment protection insurance market (PPI)
Compass Lexecon (London)
Summary The Competition Commission has recently invited consultation on its proposed remedies to improve competition in the payment protection insurance (PPI) market. The Competition Commission designed the proposed remedies to overcome a “point-of-sale” advantage that suppliers of loans enjoy. (...)

The Hellenic Competition Commission imposes measures on the petroleum industry aimed at restoring effective competition (Greek Petroleum and Motor Oil / Hellas / Corinth Refineries)
University of East Anglia
Background On 27 August 2008, the Hellenic Competition Commission (HCC) launched a series of public consultations on proposed measures which would restore effective competition in the Greek Petroleum Industry. A summary of views submitted during the consultation process was published on 13 (...)

The French Supreme Court rules that parties to a commitments procedure must have access to all documents on which the case-handler has relied and to all documents submitted to the Competition Council (Canal 9/Les Indépendants)
Vogel & Vogel (Paris)
The highest commercial court in France has for the first time addressed the question of procedural safeguards for undertakings concerned during the commitments procedure laid down in article L. 464-2, I of the Commercial Code. The aim of the procedure is “to ensure that the undertaking ceases or (...)

The French Supreme Court rules on access to documents in the framework of the commitments procedure (Canal 9)
Van Bael & Bellis (Brussels)
Both the French Supreme Court and the Paris Court of Appeal have recently ruled on the issue of access to documents in the specific context of the commitments procedure. On 4 November 2008, the French Supreme Court partially annulled a judgment of the Court of Appeal, on the ground that the (...)

The German Competition Authority orders an energy company to pay € 55 million to customers to settle excessive pricing investigation (E.ON)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
According to a press release of 6 October 2008, the German Federal Cartel Office (FCO) closed its proceedings against six regional gas suppliers belonging to the E.ON group in exchange for a commitment according to which the companies agree not to increase prices for two months and to pay a (...)

The French Competition Authority fines a group of the agribusiness sector with a € 2,000,000 fine for inciting its distributors to apply the suggested resale price supplied by itself, who also applied a price monitoring policy (Roullier Group)
UGGC Avocats (Paris)
Description of the impugned case Resale price of the products manufactured by the Roullier group were sent to the distributors. In addition, sales force of the Roullier group were regularly taking orders directly from the clients in lieu of the distributors. While taking orders from clients, (...)

The French Competition Authority accepts commitments offered as part of the negotiated settlement procedure in a minimum retail price maintenance case (Cie Financière et de Participation Roullier)
Moskvina Law
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Darrois Villey Maillot Brochier (Paris)
Background Compagnie Financière et de Participation Roullier (“CFPR”) mainly produces agricultural supplies, and is also active in agrochemicals and food production. CFPR produces licking salt blocks (“LSB”) for farm animals, which are particularly profitable products. CFPR’s clients are (...)

The UK Competition Commission (CC) publishes its Provisional Findings on competition in the UK airports markets
UK Competition Appeal Tribunal (London)
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Linklaters (London)
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Milbank, Tweed, Hadley & McCloy (London)
Competition Commission may require BAA to sell three airports The Competition Commission (CC) today published its Provisional Findings on competition in the UK airports markets. It has been investigating BAA airports following the OFT’s referral of the issue to it for a market investigation in (...)

The UK Competition Commission recommends break-up of airports operator (BAA)
Van Bael & Bellis (Brussels)
On 20 August 2008, the UK Competition Commission issued its provisional findings regarding competition issues relating to the UK airports owned and operated by BAA (Heathrow, Gatwick, Stansted and Southampton in England and Edinburgh, Glasgow and Aberdeen in Scotland). The Competition (...)

The Hungarian Competition Authority accepts commitments to cure concerns in the translation market (OFFI)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 8 August 2008, the Hungarian Competition Authority (the "GVH") decided to accept commitments from OFFI, Hungary’s National Office for Translation and Attestation, in a case it initiated ex officio. OFFI, a limited liability company 100% owned by the Hungarian state, is by law granted the (...)

The Austrian Government presents an amendment of the national competition act
Van Bael & Bellis (Brussels)
At the beginning of August 2008, the Austrian Ministry of Economy and Labour presented a draft Act amending the Austrian Competition Act. This draft Act aims at adjusting the competences of the Austrian competition authority (BWB) in line with those of the European Commission and the German (...)

The German Federal Cartel Office rules that the proposals on the centralized marketing of broadcasting rights football matches are insufficiently competitive (Bundesliga)
In a statement dated 24 July 2008, which is not a formal decision, the German Federal Cartel Office (FCO) has informed the German Football League (DFL) that in its current form the model, which DFL proposes for marketing TV broadcasting rights for the football league, does not meet competition (...)

The Portuguese Competition Authority accepts commitments concerning non-compete obligations on hotels, restaurants and cafés (Nestlé Portugal / Delta Cafés Sociedade Gestora de Participaçoes Sociais, Nutricafés / Cafés e Restauraçao and Segafreddo Zanetti)
Van Bael & Bellis (Brussels)
On 16 July 2008, the Portuguese Competition Authority issued a press release indicating that it has accepted the commitments offered by four suppliers (Nestlé Portugal SA, Delta Cafés Sociedade Gestora de Participaçoes Sociais SA, Nutricafés – Cafés e Restauraçao SA and Segafreddo Zanetti (Portugal (...)

The EU Commission prohibits European collecting societies from restricting competition relating to the conditions for the management and licensing of authors’ public performance rights for musical works (CISAC)
DG COMP (Brussels)
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DG COMP (Brussels)
"The CISAC decision - creating competition between collecting societies for music rights"* I. Introduction On 16 July 2008 the European Commission adopted a decision prohibiting 24 European collecting societies from restricting competition as regards the conditions for the management and (...)

The Polish NCA issues its first commitment decision in a cartel case (Xella Polska and its distributors)
Greenberg Traurig Grzesiak (Warsaw)
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PKN Orlen (Warsaw)
On 7 July 2008, the President of the Office for Competition and Consumers’ Protection (‘the OCCP’ or “the Office’) confirmed that Xella Polska Sp. z o.o., a part of the Franz Haniel & Cie Gmbh capital group (“Xella Polska") and its 10 distributors had infringed the competition law rules by (...)

The Spanish Competition Authority issues recommendations for guaranteeing effective competition in the acquisition of football broadcasting rights (Sogecable/AVS)
Compass Lexecon (Madrid)
On the decision C 102/06 - Sogecable / AVS related to the acquisition of AVS by Sogecable, the former Spanish Competition Tribunal stated the need to investigate the market for the acquisition and exploitation of football broadcasting rights in Spain, with the objective to determine if the (...)

The Polish antitrust authority concludes an investigation into a price-fixing agreement in the construction sector with a commitment decision and no fine (Xella Poland)
Dentons (Warsaw)
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Wierzbowski Eversheds (Warsaw)
On February 1, 2007, Xella Polska Sp. z o.o. («Xella») signed a number of contracts with its distributors regulating the conditions of supply of wall-building materials by Xella. Each of the contracts included a clause forbidding the distributor from reselling Xella‘s products at a price lower (...)

The Turkish Parliament passes reform of competition providing parallel regulation with the EU and other developed countries’ practices, reference to EU competition law and amendment proposals within the scope of OECD
Erdem & Erdem (Istanbul)
The Draft Law to amend the Law on the Protection of Competition (the “Law”) which was published in the Official Gazette n° 22140 dated 19 December 1994 and which became effective as of said date was submitted to the Presidency of the Grand National Assembly of Turkey on 23 June 2008. What is (...)

The Hungarian Competition Authority accepts commitments from brokers in a cartel investigation (Budapest Stock Exchange)
Van Bael & Bellis (Brussels)
In two orders of 20 March and 21 May 2008, the Hungarian Competition Authority (the “GVH”) ended its investigation into an alleged price coordination by brokers at the Budapest Stock Exchange (the “BÉT”). The first order ended the investigation, due to the lack of evidence, into an alleged fixing (...)

The Hungarian Competition Council accepts commitments to modify the membership fees of the Budapest Stock Exchange and terminates a cartel investigation against trading companies (Budapesti Értéktõzsde Zrt.)
Baker McKenzie (Budapest)
The background of the investigation The Competition Office initiated an investigation against the Budapest Stock Exchange ("BSE") and 11 trading companies, as it suspected an illegal horizontal coordination among the trading members of the BSE concerning (i) the amendment of BSE’s membership (...)

The Hungarian Competition Council terminates investigation into beer supply agreements following amendment of non-compete obligations (Borsodi, Dreher Sörgyárak, Heineken)
Van Bael & Bellis (Brussels)
On 16 May 2008, the Hungarian Competition Council (the «Competition Council«) decided to accept the commitments offered by Borsodi Zrt. («Borsodi«), a large Hungarian brewer, and terminated its investigation into Borsodi‘s beer supply agreements. The Competition Council, first, found that the three (...)

The Italian Competition Authority closes the investigations for violations of Art. 81 and 82 EC in the equestrian sports market following commitments proposed by a sport federation (Federazione Italiana Sport Equestri)
Ashurst (Brussels)
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Legance - Studio Legale Associato (Rome)
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Banca d’Italia (Italian Central Bank)
Background On 15 May 2008, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato) closed the investigation launched in July 2007 for possible violations of Article 81 and/or 82 EC by the Italian Equestrian Sports Federation (Federazione Italiana Sport Equestri) (...)

The Hungarian Competition Council accepts commitments to reduce the duration of non-compete obligations in beer supply agreements (Borsodi Sörgyár)
Baker McKenzie (Budapest)
The Hungarian Competition Council terminates an investigation concerning beer supply agreements by adopting a commitment decision and making the commitments of a beer producer binding, pursuant to which the duration of non-compete obligations is to be reduced to five years. The background of (...)

An Italian administrative Court clarifies some issues regarding the commitments procedure (Vodafone)
Desogus Law Office (Cagliari)
The regional administrative court of Lazio (TAR) has upheld a controversial decision of the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato) regarding a number of anticompetitive practices carried out by TIM, Wind and Vodafone in the telecommunication markets. The (...)

The French Competition Council adopts procedural notice on commitments
Van Bael & Bellis (Brussels)
On 3 April 2008, following a public consultation launched in February 2008, the French Competition Council published a new procedural notice on commitment proceedings. The final text of the procedural notice largely confirms the main points of the draft version disclosed last February. The few (...)

The European Regulators Group publishes a common position on best practice in remedies imposed by NRAs on undertakings holding a significant market power in the relevant market for wholesale leased lines
Allen & Overy (Paris)
Background The European Regulators Group («ERG») has been established by Commission Decision 2002/627 of 29 July 2002 following the adoption of the 2002 regulatory framework for electronic communications. Its purpose is to provide an interface between the national regulatory authorities (NRAs) (...)

The Italian Competition Authority closes the investigation for abuse of dominance in the Italian postal sector following commitments (Poste Italiane)
DiaSorin
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Freshfields Bruckhaus Deringer (Rome)
On 27 February 2008, the Italian Antitrust Authority (IAA) conclusively accepted the commitments proposed by Poste Italiane (PI), the former monopolist of postal services in Italy) in relation to the investigation opened in August 2007 for the alleged breach of article 82 of the EC Treaty. The (...)

The European Commission conditionally approves State aid granted by Belgium to a public service broadcaster (Flemish public broadcaster VRT)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
"Funding of public service broadcasting and State aid rules - two recent cases in Belgium and Ireland"* I. Introduction The present article illustrates the Commission’s State aid assessment practice concerning funding for public service broadcasters on the basis of two recent cases which were (...)

The French Competition Council accepts commitments aiming at providing access to a computer program in the press distribution sector (NMPP)
Moskvina Law
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Darrois Villey Maillot Brochier (Paris)
Background On 8 August 2003, Messageries Lyonnaises de Presse (MLP) filed a complaint with the French Competition Council (Council) regarding anticompetitive conduct of NMPP and SAEM-TP. The present decision addresses only NMPP’s alleged attempt to evict MLP from the market by refusing to grant (...)

The Austrian Federal Competition Authority opens the market for broadcasting rights of skiing events (ORF- ÖSV, ’Broadcasting rights of skiing events’)
Becker Guenther Regner (Vienna)
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KIEHL Kanzlei für Wirtschaftsrecht
Background In three famous decisions the European Commission decided that the central marketing of the media rights of the Football Premier League may give rise to horizontal and vertical competition concerns.. Particularly, the Commission stressed that media rights should be awarded according (...)

An Austrian Court declares behavioural commitments concerning broadcasting rights of the skiing world cup binding upon the public TV/radio provider and the Austrian skiing association (ÖRF / ÖSV)
European Court of Justice (Luxembourg)
At the request of the Austrian Federal Competition Authority (Bundeswettbewerbs-ehörde ; “BWB”), the Vienna High Court in competition matters (Oberlandesgericht Wien als Kartellgericht), by (unpublished) order of 18 January 2008, in Case 26 Kt 42/06, adopted on the basis of Sec 27(1) of the (...)

The UK Competition Commission consults on proposed remedies concerning its investigation of the groceries market
Van Bael & Bellis (Brussels)
On 15 February 2008, the Competition Commission opened a consultation on its proposals to remedy the competition concerns identified in its investigation of the UK groceries market, which was concluded last year. In particular, the Competition Commission is recommending a reform of planning (...)

The Czech Competition Authority publishes guidelines on alternative resolution of certain competition issues
Havel, Holasek & Partners (Prague)
I. Introduction In 2004, the first amendment to the Czech Competition Act was adopted which introduced into the national competition law a new mechanism designed for alternative resolution of certain competition disputes. By virtue of this amendment, the Office for the Protection of (...)

The Italian Council of State confirms the jet fuel cartel decision and clarifies that Italian Competition Authority has no power to impose structural remedies in antitrust cases (Eni, Esso, Kuwait, Shell, Tamoil and Total)
Van Bael & Bellis (Brussels)
The Italian Council of State has recently ruled on appeals brought against the Italian Competition Authority’s decision in the jet fuel cartel case. In June 2006, the Italian Competition Authority (“ICA”) fined six major oil companies – Eni, Esso, Kuwait, Shell, Tamoil and Total– for their (...)

The OECD holds a roundtable on presenting complex economic theories to judges
OECD - Competition Division
Executive summary, by the Secretariat Considering the discussion at the roundtable and the member submissions, a number of key points emerge: (1) Modern antitrust enforcement should be based on a clear and objective assessment of effects as identified or measured by sound economic analysis. (...)

The French Competition Council launches public consultation on draft procedural notice relating to commitments
Van Bael & Bellis (Brussels)
One year after the public consultation that led to the revision of its leniency programme, on 1 February 2008 the French Competition Council launched a public consultation on commitment proceedings. Under French law, such proceedings are provided for under Articles L. 464-2 and R.464-2 of the (...)

The Italian Competition Commission accepts the commitments of the oil companies under investigation for restriction of competition on the fuel market and closes the investigation (Fuel cartel)
University College London
In 18 January 2007 the Italian Competition Commission (Autorita Garante della Concorrenza e del Mercato, ‘ICC’) launched an investigation in order to examine allegations of violation of article 101 TFEU and law 287/1990 consisting in restrictions in the italian market of automotive fuels by the (...)

The French Competition Authority accepts some commitments to address competition concerns on the sector of distribution of medicines (GlaxoSmithKline and Pfizer)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Distribution of medicines: GlaxoSmithKline and Pfizer commit themselves in front of the Conseil on the operating of their medicine quota system for wholesale distributors.* History of the case Following (...)

The UK Office of Communications publishes annual report considering the impact of the Telecoms Review and BT undertakings on the telecoms market (BT Undertakings)
Allen & Overy (London)
Introduction In 2004, the UK Office of Communications (Ofcom) conducted a strategic review of the UK telecommunications sector (the Review). The Review led to the imposition of a set of undertakings on British Telecom (BT), the UK incumbent telecoms provider (the BT Undertakings), which were (...)

The French Competition Authority makes compulsory commitements made to address competition concerns in the sector of car repair (Citroën)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence strengthens competition in the sector of car repair: Independent repairers will now have access to all Citroën’s tools necessary for repairing electronic breakdowns on the brand’s (...)

The German Federal Cartel Office approves mobile television broadcasting cooperation subject to commitments (T-Mobile/Vodafone/O2)
Blomstein (Berlin)
Background The market for mobile television is still at an early stage of the development. In Germany, different mobile TV standards have undergone test phases but until now no German-wide system is in operation. Already in 2006, three major mobile phone network operators T-Mobile, T-Vodafone (...)

The Paris Court of Appeal upholds an NCA’s decision acceptating commitments in its first decision on commitments procedure (Bijourama / Festina France)
White & Case (Paris)
Commitments from Festina France on its distribution agreements, accepted by the French Competition Council (Conseil de la concurrence) in a decision of 24 July 2006, are the first ones to be submitted to the Paris Court of Appeal. The Competition Council was seized by Bijourama, a jewel and (...)

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

A Spanish Court holds that it is not bound by an EC Commission decision under Art. 9 of EC Reg. 1/2003 (Carburantes Costa de la Luz v Repsol)
European Court of Justice (Luxembourg)
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Garrigues (Brussels)
Article 9 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEC L 1, 4 January 2003, pp. 1-25) (“Article 9”) is one of the major new features of the new EC competition rules adopted in May (...)

The French Competition Authority sanctions several companies for having entered into an agreement on the market for high voltage electric cables (Nexans / Safran)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Agreement on the market for high voltage electric cables: The Conseil de la concurrence penalizes the major cable suppliers to €19.5 million for making an agreement during two successive invitations to bid (...)

The Italian Competition Authority finds that the circular of a bank association, interpreting rules on unilateral unfavourable changes of banking contractual conditions, violates Art. 81 EC (Associazione Bancaria Italiana)
Ashurst (Brussels)
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Legance - Studio Legale Associato (Rome)
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Banca d’Italia (Italian Central Bank)
Background ABI is a non-profit association to which nearly all Italian banks belong. In August 2006, the Italian Banking Law (Legislative Decree n° 385/1993) was amended by Law n° 248/2006. Art. 10 of Law n° 248/2006, which lays down provisions that banks have to respect when changing (...)

The French Competition Authority accepts the commitments proposed by four pharmaceutical laboratories making the medicine quota system he more flexible for wholesale distributors (Boehringer-Ingelheim / Sanofi-Avantis)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Distribution of medicines: The Conseil accepts the commitments proposed by four pharmaceutical laboratories making the medicine quota system more flexible for wholesale distributors.* History of the case (...)

The French Competition Authority accepts commitments but fines two companies for having entered into an agreement on the sector of laundry cleaning and renting (Elis / Initial BTB)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Agreement in the sector of laundry cleaning and renting fined up to 18 million euros: The Conseil de la concurrence accepts innovative commitments from the sector’s two leaders - Elis and Initial BTB – who will (...)

The Brussels Court of Appeal largely supports the Belgian Telecom Regulator’s decision on retail fixed telephone access markets (Belgacom / IBPT)
Leuven University
Background The decision, which is under appeal, is adopted on 19 June 2006 by the Belgian post and telecom regulator, the BIPT/IBPT (Belgian Institute for Postal Services and Telecommunications). Sector specific regulation for electronic communications, as harmonized on European level and (...)