Commitment Decisions

Dominance

The Hong Kong Competition Authority brings its first case to the Competition Tribunal for resale price maintenance (Tien Chu)
Hong Kong Competition Commission (Hong Kong)
Competition Commission brings first case on resale price maintenance to Competition Tribunal* The Competition Commission (“Commission”) today commenced proceedings in the Competition Tribunal (“Tribunal”) against The Tien Chu (Hong Kong) Company Limited (“Tien Chu”) for its engagement in resale (...)

The UK Competition Authority publishes environmental sustainability advice to the government
United Kingdom’s Competition Authority (CMA) (London)
CMA publishes environmental sustainability advice to government* The CMA has published advice on how competition and consumer laws can help meet the UK’s environmental goals, and has outlined plans for a Sustainability Taskforce. Advice suggests clarifying the law on providing environmental (...)

The UK Government consults on its ambitious reform of national competition policy, including on changes to allow the Government to play a more active role in shaping national competition policy and to increase the Competition Authority’s investigative and enforcement powers
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
On 20 July 2021, the UK Government launched its consultation on wide-ranging reforms to “bring [the UK’s] competition and consumer policies into the 21st century” [1] (the “Consultation”). While recognising that the UK’s competition regime “starts from a strong foundation” and “is internationally (...)

The Romanian Competition Authority assesses 4 digital sectors in order to evaluate their characteristics and impact on competition
Romanian Competition Council (Bucharest)
The Competition Council assesses the online commerce* The Competition Council assesses four digital sectors, in Romania, in order to evaluate their characteristics and impact on the competition. The four sectors analysed are the following: online delivery intermediation services, online (...)

The UK Competition Authority announces that it will propose a package of remedies to address the issues found during its study into the electric vehicle charging market
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
On 26 May 2021, the UK Competition and Markets Authority announced that it would not undertake a market investigation reference on the back of its study into the electric vehicle charging market and will instead propose a package of remedies to address the issues found during the course of the (...)

The Australian Competition Authority accepts a court-enforceable undertaking from two credit card companies about concerns that one of them may have limited competition regarding debit card acceptance through its dealings with large merchants (Visa)
Ashurst (Sydney)
On 10 March 2021, Visa AP (Australia) Pty Ltd and Visa Worldwide Pte Limited (together, "Visa") entered into a court enforceable undertaking with the Australian Competition Consumer Commission ("ACCC"), seeking to address the ACCC’s concerns that Visa was leveraging its substantial market power (...)

The Swedish Competition Authority publishes a report which covers the increasing influence of digital platforms within the field of competition law
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
In February 2021 the Swedish Competition Authority (“SCA”) published a report which covers the increasing influence of digital platforms within the field of competition law. Themes of the report In its report, the SCA has analysed five markets along with the SCA´s previous decisional practice (...)

The US President signs into law the Criminal Antitrust Anti-Retaliation Act which seeks to protect whistleblowers in criminal antitrust cases
Fried Frank Harris Shriver & Jacobson (New York)
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Fried Frank Harris Shriver & Jacobson (New York)
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Fried Frank Harris Shriver & Jacobson (Washington)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Having an Effective Antitrust Compliance Program Is More Important Than Ever* Over the past two decades, having robust compliance programs has become (...)

The US Government reforms its criminal antitrust compliance legislation and policies
Fried Frank Harris Shriver & Jacobson (Washington)
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Fried Frank Harris Shriver & Jacobson (New York)
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Fried Frank Harris Shriver & Jacobson (New York)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Over the past two decades, robust compliance programs have become increasingly important across a wide range of enforcement matters. In addition to helping avoid (...)

The UK Competition Authority publishes the final report in funerals market investigation
United Kingdom’s Competition Authority (CMA) (London)
CMA publishes final report in funerals market investigation* The CMA has published the final report on its in-depth market investigation into funeral services, confirming its remedies for the sector. The Competition and Markets Authority (CMA) has today confirmed its provisional conclusions, (...)

The UK Competition Authority publishes its final report on funerals and crematoria market’s investigation
Ashurst (London)
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Ashurst (London)
Following an in-depth market investigation into the funeral services sector, the Competition and Markets Authority ("CMA") published its final report in December 2020. The report identifies a number of competition issues and confirms a package of "sunlight remedies", including obligations on (...)

The UK Competition Authority publishes final report in its funeral market investigation and orders funeral directors and crematorium operators to disclose prices
Government Legal Department (London)
On 18 December 2020, the UK’s Competition and Markets Authority (“CMA”) published the final report of its market investigation into funeral services. The CMA said that it had serious concerns about the sector and it has put in place a number of “sunlight” remedies designed to make the sector more (...)

The French Competition Authority delivers its opinion on the competitive situation in Corsica island with a focus on food distribution, fuel distribution, maritime services, and waste management
French Competition Authority (Paris)
Food distribution, fuel distribution, maritime services and waste management: the Autorité delivers its opinion on the competitive situation in Corsica island* Following an investigation lasting several months, the Autorité today issues its opinion on the competitive situation on the island. (...)

The EU Commission publishes a summary of the contributions from the national competition authorities to the impact assessment of the new competition tool
Van Bael & Bellis (Brussels)
Earlier this year, the European Commission (the “Commission”) proposed a “new competition tool” (“NCT”) to address structural competition problems. Stakeholders could express their views on the need for an NCT and its design as part of an impact assessment and an open consultation until 8 September (...)

The EU Commission publishes its 2019 annual activity report
Court of First Instance of Namur (Namur)
On 25 June 2020, the European Commission’s Directorate-General of Competition (“DG Competition”) published its 2019 Annual Activity Report. In the foreword, Olivier Guersent, Director-General of DG Competition, expresses the view that creating “European Champions” would be a mistake as all companies (...)

The French Competition Authority publishes a study on competition and e-commerce
Court of First Instance of Namur (Namur)
On 5 June 2020, the French Competition Authority (“FCA”) published a study on competition and e-commerce. The study highlights that digital technologies have considerably changed the commerce and distribution landscape. Many offline retailers are now marketing their products and services online (...)

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 German Competition Authority receives a Big Tech company’s response that its virtual reality headsets can now be used without an account on its social network (Meta Quest / Meta) Free
German Competition Authority (Bonn)
Meta (Facebook) responds to the Bundeskartellamt’s concerns – VR headsets can now be used without a Facebook account* Users who want to use the Quest 2 VR headset offered by Meta Quest (formerly Oculus) no longer need a Facebook account to do so. Meta has responded to the Bundeskartellamt’s (...)

The Hellenic Competition Authority fines a beverage manufacturer €10.3M for concluding exclusivity agreements with retailers (Coca-Cola)
Hellenic Competition Commission (Athens)
Imposition of a €10,342,773 fine on COCA COLA 3Ε* Subject: HCC Decision no. 762/2021 imposing a fine of EUR 10,342,773 on the company COCA COLA HELLENIC BOTTLING COMPANY S.A. (COCA COLA 3E) for infringements of articles 2 L. 3959/2011 and 102 TFEU, following an ex officio investigation of the (...)

The Brazilian Competition Authority signs an agreement with a health club aggregator platform to halt exclusivity clauses and resale price maintenance practices (Gympass)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE signs agreement with Gympass in Brazilian health club market* Daily fines are to be applied in case of non-compliance On 21 September 2022, the Administrative Council for Economic Defense (CADE) ratified the Cease and Desist Agreement with Gympass on the administrative enquiry that (...)

The EU General Court confirms Android abuse of dominance through tying, with the real legacy of the case extending far beyond (Google Android) Free
Keystone Strategy (London)
The General Court confirmed on 14 September 2022 the EC finding in 2018 that Google had abused its dominance by tying its Android operating system with its app store suite, the Google Play Store (“GPS”), thus leveraging power from GPS (a service that was “must have” to OEMs equipping their devices) (...)

The Slovak Competition Authority accepts the commitments of the national postal service to remedy competition concerns over discriminatory pricing (Slovenská pošta)
Slovak Competition Authority (Bratislava)
ABUSE OF DOMINANT POSITION: AMO SR issued a commitments decision against the company Slovenská pošta, a.s.* AMO SR imposed on the party to the proceedings the obligation to fulfill commitments. On 14 May 2021 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant (...)

The EU Commission seeks feedback on commitments offered by an online retail platform concerning marketplace seller data and access to certain features (Amazon)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Amazon concerning marketplace seller data and access to Buy Box and Prime* The European Commission invites comments on commitments offered by Amazon to address competition concerns over its use of non-public marketplace seller data (...)

The French Competition Authority accepts a Big Tech’s commitments to create a framework for the transparent assessment of the remuneration of related rights for the benefit of press agencies and publishers (Google)
French Competition Authority (Paris)
The Autorité accepts Google’s commitments to create a framework for negotiating and sharing the information necessary for a transparent assessment of the remuneration of related rights and makes these commitments binding Background Today, the Autorité de la concurrence issues a decision in which (...)

The French Competition Authority accepts an advisory firm as the monitoring trustee to ensure a Big Tech firm complies with commitments (Google / Accuracy)
French Competition Authority (Paris)
Related rights: The advisory firm, Accuracy, has been accepted by the Autorité de la concurrence as a monitoring trustee in the case involving Google* On Friday 7 September, the Autorité de la concurrence accepted the advisory firm, Accuracy, as a monitoring trustee in the case involving Google. (...)

The French Competition Authority accepts a Big Tech company’s commitments to compensate publishers for the use of journalistic content (Google)
Van Bael & Bellis (Brussels)
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Toyota
On 21 June 2022, the French Competition Authority (“FCA”) announced that it accepted Google’s commitments related to compensating French publishers for the use of their journalistic content in a range of Google’s services. This brings to an end the FCA’s investigation into Google’s alleged abuse of (...)

The French Competition Authority accepts commitments from a social media platform to remedy competition concerns over a refusal to provide access to a marketing tool (Meta)
Van Bael & Bellis (Brussels)
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Toyota
On 16 June 2022, the French Competition Authority (“FCA”) announced that it accepted Meta’s commitments related to practices that would have raise competition concerns in the French market for non-search related online advertising. This clarifies the conditions of access to Meta’s partnership (...)

The UK Competition Authority secures legally binding commitments from a manufacturer of six cancer drugs to maintain reduced prices for 10 years (Aspen)
United Kingdom’s Competition Authority (CMA) (London)
CMA helps NHS secure price and supply commitment for cancer drugs* The CMA has worked to ensure that pharmaceutical company Aspen’s commitments to reduce prices for life-saving cancer medicines can be enforced in the UK following its exit from the European Union. The European Commission opened (...)

The Australian Competition Authority accepts a court-enforceable undertaking from a company after raising competition concerns relating to speedway racing in Victoria (Speedway Australia)
Australian Competition and Consumer Commission (Canberra)
Speedway Australia undertakes to address competition concerns involving sprintcar tracks* The ACCC has accepted a court-enforceable undertaking from N.A.S.R. Incorporated, trading as Speedway Australia, after the ACCC raised competition concerns relating to speedway racing in Victoria. The (...)

The UK Competition Authority accepts a Big Tech company’s commitments in its treatment of third-party cookies (Google Privacy Sandbox)
Van Bael & Bellis (Brussels)
On 11 February 2022, the UK’s Competition and Markets Authority (“CMA”) issued its decision to accept the commitments offered by Google in relation to its Privacy Sandbox proposals (“the Decision”). The Decision is noteworthy in several respects. First, it highlights the complicated tradeoffs (...)

The EU General Court dismisses the action brought against the Commission’s decision to make a gas company’s commitments binding in order to address competition concerns in relation to the national markets for the upstream wholesale supply of gas in eastern and central Europe (Gazprom)
General Court of the European Union (Luxembourg)
The General Court dismisses the action brought against a decision by the Commission to make binding on Gazprom commitments proposed by the latter in order to address competition concerns raised by the former in relation to the national markets for the upstream wholesale supply of gas in the (...)

The German Competition Authority holds consultations on a Big Tech company’s proposals for dispelling competition concerns in the press sector (Google News Showcase)
German Competition Authority (Bonn)
Google News Showcase – Bundeskartellamt holds consultations on Google’s proposals for dispelling competition concerns* Google has proposed measures to dispel the Bundeskartellamt’s competition concerns in the authority’s ongoing proceeding to examine the Google News Showcase online service. The (...)

The German Competition Authority designates a parent company of a Big Tech company as an undertaking of paramount significance for competition across markets (Google / Alphabet)
Technical University of Applied Sciences Wildau
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Hausfeld (Berlin)
On 30 December 2021, the German Bundeskartellamt (Federal Cartel Office, “FCO”) designated Alphabet Inc., parent company of Google, (“Google”) as an ‘undertaking of paramount significance for competition across markets’. The FCO is now considering whether to prohibit particular anti-competitive (...)

The Polish Competition Authority orders a supermarket to pay debts to suppliers in a first-of-its-kind decision that provides public compensation to entities other than consumers (SCA Polska / Intermarché)
Polish Competition Authority (Warsaw)
UOKiK President orders SCA PR Polska (Intermarche) to pay debts towards suppliers* President of the Office of Competition and Consumer Protection Tomasz Chróstny obliged SCA PR Polska (Intermarche Group) to change practices that could constitute an unfair use of contractual advantage. As a (...)

The French Competition Authority submits for public consultation the proposed commitments of a major Big Tech company (Google)
French Competition Authority (Paris)
Google proposes commitments as part of the investigation into the merits of the related rights case. The Autorité submits them for public consultation* Background Following on from the interim procedure that led to the adoption of interim measures in April 2020, the Autorité continued its (...)

The Italian Competition Authority imposes record-breaking fine of € 1.1 billion on an e-commerce company for “self-preferencing” its own logistical services (Amazon)
Van Bael & Bellis (Brussels)
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Toyota
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Van Bael & Bellis (Brussels)
On 9 December 2021, the Italian Competition Authority (“ICA”) adopted a decision finding that the Amazon group (“Amazon”) had violated Article 102 TFEU and harmed competing providers of e-commerce logistics services by tying the right of retailers on the Amazon marketplace to participate in (...)

The Italian Competition Authority imposes a record fine of over €1 billion as well as behavioral remedies on an e-commerce company for abusing its dominant position through engaging in discriminatory practices and denying third-party sellers access to certain sales prospects crucial to increasing their visibility on its website (Amazon)
Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
The case concerned a number of companies within the Amazon group (hereafter “Amazon”), including: a) Amazon Europe Core S.r.l., with legal domicile in Luxembourg, which is the company of the Amazon group responsible for the management of the websites of Amazon’s European marketplaces and owner of (...)

The Italian Competition Authority fines a Big Tech company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On December 9, 2021, the Italian competition authority (the “ICA” or “AGCM”) has levied its highest ever administrative fine—€1.128 billion—on Amazon Europe Core S.à r.l., Amazon Services Europe S.à .r.l., Amazon EU S.à r.l., Amazon Italia Services S.r.l., and Amazon Italia Logistica S.r.l. (...)

The Italian Competition Authority imposes behavioral remedies and fines an e-commerce company over € 1.128 billion for abusing its dominant position in the market for e-commerce logistics services (Amazon)
Italian Competition Authority (Rome)
A528 - Italian Competition Authority: Amazon fined over € 1,128 billion for abusing its dominant position* The Authority found that Amazon harmed its competitors in the market for e-commerce logistics services. The Authority imposed behavioral measures on Amazon that will be subject to review (...)

The Japanese FTC closes investigation into online funeral service provider after provider voluntarily ends anti-competitive practices (UNIQUEST)
Japan Fair Trade Commission (Tokyo)
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by UNIQUEST INC* The Japan Fair Trade Commission (the “JFTC”) has investigated UNIQUEST INC. (UNIQUEST) in accordance with the provision of the Antimonopoly Act since June 2021. UNIQUEST is the online funeral service (...)

The UK Competition Authority secures improved commitments from a Big Tech company on its proposals to remove third-party cookies and other functionalities from its browser (Google Privacy Sandbox)
United Kingdom’s Competition Authority (CMA) (London)
CMA secures improved commitments on Google’s Privacy Sandbox* The CMA has secured improved commitments from Google on its proposals to remove third party cookies and other functionalities from its Chrome browser. It has been investigating Google’s proposals since the start of the year due to (...)

The Russian Competition Authority imposes a fine on a telecommunications company for abuse of dominance (Tele2)
Russian Federal Antimonopoly Service (Moscow)
FAS Russia fined Tele2 for the abuse of its dominant position* The authority initiated an administrative offense case against the company and imposed a 825,500 rubles fine on the telecom operator for the abuse of its dominant position on November 22 [1]. In January 2021, the company (...)

The EU General Court confirms the Commission’s decision finding a Big Tech company guilty of abuse of dominance by favouring its own comparison shopping service on its general results pages (Google Shopping)
Technical University of Applied Sciences Wildau
With its judgment of 10th November 2021, Europe’s General Court did not just dismiss Google’s appeal against the European Commission’s Google Search (Shopping) decision, uphold the fine, tell gatekeepers “don’t be evil,” and remind everyone that Europe ensures equal opportunities. The Court also (...)

The Turkish Competition Authority accepts for the first time in the preliminary investigation stage the commitments proposed by a glass manufacturing company to remedy the competition concerns relating to abuse of dominance in the glass production market (Şişecam)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Board (“Board”) decided that Şişecam, through its subsidiary Çevre Sistemleri, has abused its dominant position in the market for glass manufacturing, by way of excluding its competitors in the upstream market for recycled glass, utilized its buyer power to narrow the margin (...)

The EU Commission approves Greek commitments to remove the distortion created by the state-owned electricity provider’s exclusive access to lignite-fired generation (PPC)
European Commission - DG COMP (Brussels)
Antitrust: Commission approves Greek measures to increase access to electricity for PPC’s competitors* The European Commission has made legally binding, under EU antitrust rules, measures proposed by Greece to allow the competitors of Public Power Corporation (PPC), the Greek state-owned (...)

The EU Commission approves Greek commitments requiring the state-owned electricity incumbent to maintain a fixed net seller position for electricity baseload futures on certain energy exchanges to address competition concerns (PPC)
Ashurst (Brussels)
The European Commission accepted commitments from Greece requiring Public Power Corporation (PPC), the state-owned electricity incumbent, to maintain a fixed net seller position for electricity baseload futures on certain energy exchanges in order to address competition concerns raised by (...)

The Turkish Competition Authority accepts a leading beverage company’s commitments to remedy the competition concerns raised concerning its abuse of dominance in the carbonated drinks, cola drinks and aromatic carbonated drinks markets (Coca Cola)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The changes to the Law No. 4054 on Protection of Competition (“Law No. 4045”) introducing the new commitment and settlement mechanisms, entered into force on 24 June 2020 with the Amendment Law, aiming to achieve efficiency gains and allow the competition investigations to close at an earlier (...)

The US FTC charges a semiconductor supplier with illegal monopolization through exclusive dealing in the market for components used to deliver TV and broadband internet services (Broadcom)
US Federal Trade Commission (FTC) (Washington)
FTC Charges Broadcom with Illegal Monopolization and Orders the Semiconductor Supplier to Cease its Anticompetitive Conduct* The Federal Trade Commission has issued a complaint charging Broadcom with illegally monopolizing markets for semiconductor components used to deliver television and (...)

The UK Competition Authority secures commitments from a Big Tech company to address concerns about its proposal to remove third-party cookies on its main internet browser (Google Privacy Sandbox)
United Kingdom’s Competition Authority (CMA) (London)
CMA to have key oversight role over Google’s planned removal of third-party cookies* Following an investigation, the CMA has secured commitments from Google to address concerns about Google’s proposal to remove third-party cookies on Chrome. The CMA is to take up a role in the design and (...)

The French Competition Authority fines a Big Tech company €220 million for favoring its services in the online advertising sector in a first decision to look into complex algorithmic auctions processes (Google AdX / Google DoubleClick for Publishers)
French Competition Authority (Paris)
The Autorité de la concurrence hands out a €220 millions fine to Google for favouring its own services in the online advertising sector* Google, did not dispute the facts, wished to settle with the Autorité, which granted its request. Google also proposed commitments, accepted by the Autorité, (...)

The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers)
Technical University of Applied Sciences Wildau
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Hausfeld (Berlin)
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Hausfeld (Berlin)
On 7 June 2021, the French Competition Authority (“FCA”) concluded an investigation into Google’s ad tech business. The FCA (i) found that Google abused a pan-European dominant position and thereby infringed EU competition law by favoring its proprietary display advertising intermediation (...)

The French Competition Authority submits commitments for public consultation following an investigation in the online advertising sector (Facebook / Criteo)
French Competition Authority (Paris)
In the context of an investigation opened before the Autorité in the online advertising sector, Facebook proposes commitments* The Autorité de la concurrence is submitting these commitments for public consultation, and is inviting actors from the sector to provide their feedback. The case was (...)

The Mexican Competition Authority fines an industrial gas company for failure to comply with commitments made to restore competition in the markets of industrial oxygen, nitrogen and argon (Praxair)
Mexican Competition Authority (Mexico City)
COFECE fines Praxair for failure to comply with commitments made to restore competition in the markets of industrial oxygen, nitrogen and argon* In 2018, during the trial-like procedure for possible relative monopolistic practices, Praxair offered commitments with the aim of restoring (...)

The Italian Competition Authority fines a Big Tech company €102M for refusal to interoperate and imposes specific remedies requested by the complainant (Google / Enel X)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On May 13, 2021, the Italian Competition Authority (the “AGCM” or the “ICA”) fined Alphabet Inc., Google LLC, and Google Italy S.r.l. (“Google”) over 100 million EUR for abusing of a dominant position pursuant to Section 102 of the Treaty on the Functioning of the European Union (“TFEU”). In a rare (...)

The Italian Competition Authority fines a Big Tech company for abusively locking a SatNav rival out of their app store (Google / Enel X)
Giannino SI (Monserrato)
By a decision handed down in the Google/Enel X case, the Italian Competition Authority (ICA) has fined Alphabet Inc., Google LLC and Google Italy Srl (hereinafter Google) for infringing Article 102 TFEU. Google bused its dominant position because not allowing the release of JuicePass, an app (...)

The Italian Competition Authority imposes a €102 million fine on a Big Tech company for abusing its dominant position by refusing to feature a competitor’s app on its digital platform (Google / Enel X)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 April 2021, the Italian Competition Authority (“ICA”) imposed a fine of over € 102 million on Alphabet Inc., Google LLC and Google Italy S.r.l. (collectively, “Google”) after concluding that Google had infringed Article 102 TFEU by refusing to include in Google’s own Android Auto app a third (...)

The German Competition Authority closes its investigation against a producer of household appliances, without a fine after it agreed to amend its retailer rebate scheme (Liebherr)
Ashurst (Frankfurt)
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Ashurst (Munich)
On 12 April 2021, the German competition authority ("FCO") closed its investigation against Liebherr, a producer of household appliances, without a fine after Liebherr agreed to abandon or amend certain clauses in its newly introduced distribution model which, in the FCO’s view, discriminated (...)

The Indian Competition Authority grants interim relief, ordering online travel agencies to re-list hotel properties on certain platforms (MMT-Go / Treebo / FabHotels)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS (i) In deciding applications for interim relief under Section 33 of the Act, CCI must form a higher degree of satisfaction than the prima facie requirements under Section 26(1) of the Act. (ii) Denial of market access need not be complete or absolute in nature to result in an (...)

The German Competition Authority welcomes the decision of a postal service company to end its discount system for the dispatch of newspapers and magazines (Deutsche Post)
Bird & Bird (Dusseldorf)
The Deutsche Post AG (“DPAG”) has cancelled its until recently practiced discount system in relation to its dispatch services provided to newspaper and magazine publishers. The DPAG`s decision to stop discounting the dispatch services occurred after the German Federal Cartel Office initiated an (...)

The German Competition Authority accepts a postal service company’s commitments to end its discount system for the dispatch of newspapers and magazines (Deutsche Post)
Ashurst (Frankfurt)
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Ashurst (Munich)
On 26 February 2021, the German Federal Cartel Office ("FCO") closed its six-year investigation into Deutsche Post AG ("DPAG") after securing commitments in connection with practices relating to the dispatch of newspapers and magazines. The FCO suspected that DPAG had abused its dominant (...)

The German Competition Authority discontinues its proceedings against a national postal service company following the company’s decision to end its rebate system (Deutsche Post)
German Competition Authority (Bonn)
Fair competition in the dispatch of newspapers and magazines – Bundeskartellamt effects changes to Deutsche Post’s conditions* In reaction to the Bundeskartellamt competition concerns, Deutsche Post AG has amended its system of conditions for the dispatch of newspapers and magazines. Andreas (...)

The Italian Competition Authority closes its investigation against a national gas distributor for an alleged abuse of a dominant position after addressing competition concerns (Italgas)
Italian Competition Authority (Rome)
ICA: Italgas commitments accepted for the tender concerning the gas distribution service in some municipalities of the province of Venice* According to the Authority, the competitive concerns that had led to the opening of the investigation in May 2020 have been solved L’Autorità Garante della (...)

The Italian Competition Authority accepts a company’s commitments in an abuse of dominance probe in the market for natural gas distribution (Italgas)
Freshfields Bruckhaus Deringer (Rome)
The Italian Competition Authority ("ICA") has recently closed with commitments an investigation against Italgas for an alleged abuse of dominance consisting of the refusal to supply essential information to the Venice municipality which was launching a tender concerning gas distribution (...)

The EU Commission accepts commitments made by a pharmaceutical company to reduce prices for six off-patent cancer medicines by 73% addressing excessive pricing concerns (Aspen)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by Aspen to reduce prices for six off-patent cancer medicines by 73% addressing excessive pricing concerns* The European Commission has made commitments offered by Aspen legally binding under EU antitrust rules. Aspen has to reduce its prices in Europe (...)

The EU Commission accepts a commitment to reduce the price of six cancer medicines by 73% in an excessive pricing case in the pharmaceutical industry (Aspen)
Van Bael & Bellis (Brussels)
On 10 February 2021, the Commission announced that it had accepted a series of pricing and supply commitments from Aspen, thereby bringing an end to its investigation into whether Aspen had infringed Article 102 TFEU by charging excessive prices for six off-patent cancer medicines. Having (...)

The EU Commission accepts the commitment offered by a pharmaceutical company for excessive pricing (Aspen)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
In February 2021, the European Commission’s (“Commission”) long-running excessive pricing case against Aspen was brought to a close, with Aspen accepting a series of forward-looking pricing and supply commitments, but avoiding any fines or requirements to repay all of the higher prices charged (...)

The EU Commission accepts the commitment offered by a pharmaceutical company to reduce drug prices by 73% (Aspen)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
“When the price of a drug suddenly goes up by several hundred percent, this is something the Commission may look at” Commissioner Vestager said when opening a formal investigation into Aspen’s alleged excessive pricing conduct in May 2017. On 10 February 2021, the EU Commission (Commission) (...)

The US DoJ announces that a ready-mix concrete company admitted to fixing prices and rigging bids (Argos USA)
US Department of Justice (Washington DC)
Ready-Mix Concrete Company Admits to Fixing Prices and Rigging Bids in Violation of Antitrust Laws* Argos USA LLC, a producer and seller of ready-mix concrete headquartered in Alpharetta, Georgia, was charged with participating in a conspiracy to fix prices, rig bids, and allocate markets for (...)

The Japanese FTC and the Government propose draft guidelines for business collaboration between large companies and startups for the purpose of promoting open innovation and ensuring fair and free competitive environments
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On December 23, 2020, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of promoting open innovation and ensuring fair and free competitive (...)

The UK Competition Authority accepts legally binding commitments from a pharma company to continue supplying a key bipolar drug at an affordable price (Essential Pharma)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The UK Competition and Markets Authority (CMA) published today its decision accepting binding commitments from Essential Pharma (EP) to continue supplying for at least 5 years a medicine for the first line treatment of bipolar disorder and other mental conditions at a price considered (...)

The UK Competition Authority accepts legally binding commitments from a pharmaceutical company to secure the affordable supply of a key drug (Essential Pharma)
United Kingdom’s Competition Authority (CMA) (London)
CMA secures affordable supply of key bipolar drug* The CMA has accepted legally binding commitments from Essential Pharma to continue supplying a key bipolar drug at an affordable price for at least 5 years. In October, the CMA launched an investigation suspecting that the pharmaceutical (...)

The UK Competition Authority accepts the commitments of a pharmaceutical company to continue supplying bipolar medicine to the national market (Essential Pharma)
Van Bael & Bellis (Brussels)
On 18 December 2020, the UK Competition and Markets Authority (“CMA”) announced that it had accepted Essential Pharma’s commitments to continue supplying a bipolar medicine to the UK market. Essential Pharma is a supplier of both Priadel and Camcolit, long-term treatments for individuals (...)

The US FTC sues the world’s dominant social network company for illegal monopolization, requiring the divestment of its acquisitions of up-and-coming rivals, and prohibits the imposition of anti-competitive conditions on software developers (Facebook)
US Federal Trade Commission (FTC) (Washington)
FTC Sues Facebook for Illegal Monopolization* The Federal Trade Commission today sued Facebook, alleging that the company is illegally maintaining its personal social networking monopoly through a years-long course of anticompetitive conduct. Following a lengthy investigation in cooperation (...)

The US State of New York AG leads a bipartisan lawsuit by 46 State AGs, the District of Columbia AG, and the Territory of Guam AG seeking to end a dominant social network company’s allegedly illegal monopoly, including predatory acquisitions and a reduction of privacy protections for consumers (Facebook)
Office of the New York State Attorney General (Albany)
Attorney General James Leads Multistate Lawsuit Seeking to End Facebook’s Illegal Monopoly* AG James Leads Bipartisan Coalition of 48 Attorneys General Charging Anticompetitive Conduct Facebook Thwarted Competition, Reduced Consumer Privacy for Profits New York Attorney General Letitia James (...)

The Irish Competition Authority seeks High Court order on ticket sales and distribution company’s agreement (Ticketmaster)
Irish Competition Authority (Dublin)
CCPC seeks High Court order on Ticketmaster agreement* Why did the CCPC investigate ticketing? In January 2017, the Competition and Consumer Protection Commission (CCPC) commenced an investigation into suspected anti-competitive practices in relation to the provision of tickets and the (...)

The UK Competition Authority consults on proposed commitments from a pharma company to keep bipolar medicine on the market at an affordable price (Essential Pharma)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
Early last month, the Competition and Markets Authority (CMA) started an investigation into Essential Pharma because of suspicions that the firm might have abused an allegedly dominant position by taking steps to withdraw Priadel® from the UK market. This is a lithium based medicine indicated (...)

The UK Competition Authority consults on commitments offered by a pharma company to keep its cheaper bipolar drug on the market at an increased price that is still below the company’s more expensive competing bipolar medication (Essential Pharma)
United Kingdom’s Competition Authority (CMA) (London)
CMA takes swift action in bipolar drug investigation* The CMA is consulting on proposed commitments from Essential Pharma to keep a key bipolar drug on the market, and ensure it is affordable to the NHS. The Competition and Markets Authority (CMA) launched a competition law investigation into (...)

The Australian Competition Authority alleges that an ice-cream supplier infringed competition law by engaging in exclusive dealing (Peters Ice Cream)
Australian Competition and Consumer Commission (Canberra)
Peters allegedly hindered or prevented competition in ice-cream supply* The ACCC has instituted Federal Court proceedings against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters), alleging it engaged in conduct which hindered or prevented competition for the supply of (...)

The EU General Court confirms the Commission’s decision finding that a national rail company abused its dominant position on the market (Lietuvos geležinkelai)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Factors Affecting the Use of Essential Facilities Doctrine in Light of the Lithuanian Railway v Commission Decision: A Comparison with the Turkish Practice and Potential Implications 1) Introduction On November 18, 2020, the General Court of the European Union (“General Court”) upheld the (...)

The Russian Competition Authority confirms that a pharmaceutical company with a dominant position in the wholesale of certain generics has ceased its problematic behavior and has signed a contract for medicine supply (Ipsen / Biotek)
Russian Federal Antimonopoly Service (Moscow)
Ipsen Company Comply With the Warning of the FAS Russia* Pharmaceutical company made required amendments to the Commercial policy and signed a contract with a distributor to supply their products FAS Russia received a notification of the Ipsen LLC that the company ceased the actions that (...)

The Russian Competition Authority finds a telecom company guilty of abusing its dominant position to unreasonably increase tariffs for communication services (Tele2)
Russian Federal Antimonopoly Service (Moscow)
The FAS Russia: Tele 2 Unreasonably Increased Tariffs for Communication Services* T2 Mobile has increased the cost of providing mobile services on a number of tariff plans from May 12, 2020 On October 20, the FAS Russia found a violation of antimonopoly law in the company’s actions. Earlier, (...)

The French Competition Authority considers gaming console’s commitments inadequate to address competition concerns and returns case for investigation (Sony)
French Competition Authority (Paris)
Playstation: the Autorité considers that the commitments proposed by Sony do not adequately address the identified competition concerns. The case is returned for investigation* As part of a litigation procedure before the Autorité de la concurrence, Sony had proposed commitments to address the (...)

The French Competition Authority rejects gaming console’s commitments in an abuse of dominance case (Sony)
Huawei Technologies (Paris)
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Vaillant Group (Paris)
2020 proves to be a busy year for the French Competition Authority (FCA) as far as tech giants are concerned. After Google and Apple, it’s now Sony’s turn to be under the FCA’s spotlight. While the Japanese company is currently launching pre-orders for its new PlayStation 5, the FCA has just (...)

The Hungarian Competition Authority fines an international brewing company for failing to honour its commitment to reduce the amount of beer sold under exclusive contracts (Heineken)
Hungarian Competition Authority (Budapest)
The GVH has imposed a fine of HUF 75 million on Heineken* 21 October 2020, Budapest – The Hungarian Competition Authority (GVH) has established that Heineken failed to appropriately justify its commitment to decrease the amount of beer sold under exclusive contracts, thus the authority has (...)

The Hungarian Competition Authority fines a brewery for failing to comply with reporting obligations under commitments to limit exclusivity contracts (Heineken)
Van Bael & Bellis (Brussels)
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ADVANT Beiten (Brussels)
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Clifford Chance (Brussels)
By decision of 19 October 2020, the Hungarian Competition Authority (“GVH”) imposed a fine of HUF 75 million (approximately € 250,000) on beer maker Heineken for failing to comply with its reporting obligations under its commitments to reduce the amount of beer sold under exclusivity contracts. (...)

The EU Commission accepts a semiconductor company’s offer to stop exclusivity on chipset market (Broadcom)
Ashurst (Brussels)
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Free University of Brussels (ULB)
On 7 October 2020, the European Commission (the "Commission") made legally binding commitments offered by Broadcom to ensure competition in chipset markets for modems and TV set-top boxes. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS Commitments decisions are adopted in lieu of finding an (...)

The EU Commission accepts semiconductor company’s commitments to ensure competition in chipset markets for modems and set-top boxes (Broadcom)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by Broadcom to ensure competition in chipset markets for modems and set-top boxes* The European Commission has made commitments offered by Broadcom legally binding under EU antitrust rules. Broadcom will suspend all existing agreements containing (...)

The EU Commission accepts commitments to ensure competition in systems-on-a-chip markets for modems and set-top boxes (Broadcom)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 7 October 2020, the European Commission accepted Broadcom’s commitments to suspend its existing agreements, and to refrain from entering into any new agreements, containing exclusivity or quasi-exclusivity arrangements and/or leveraging provisions concerning Systems-on-a-Chip (“SoCs”) for TV (...)

The Dutch Competition Authority closes its investigation into a drug manufacturer after receiving assurances that it will not use its discount schemes to force hospitals into exclusive purchases (AbbVie)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM closes investigation into drug manufacturer AbbVie, competitors get more room now* Drug manufacturer AbbVie has stated that it will not force hospitals to purchase exclusively or to a large extent from AbbVie through discount schemes (or rebate programs). AbbVie has made these assurances (...)

The Australian Competition Authority accepts a physiotherapy company’s commitment to remove alleged unfair contract terms from its franchisee agreements (Back In Motion Physiotherapy)
Australian Competition and Consumer Commission (Canberra)
Back In Motion Physiotherapy to remove alleged unfair contract terms for franchisees* The ACCC has accepted a court-enforceable undertaking by Back In Motion Physiotherapy Pty Ltd to remove certain terms from its franchisees agreements which it admits may be unfair. Under a restraint of trade (...)

The Albanian Administrative Court of First Instance in Tirana ascertains the abuse of the dominant position by the national football federation (Albanian Football Federation)
Albanian Competition Authority (Tirana)
Republic of Albania Competition Authority* The Competition Authority informs that: Today on 21.09.2020, the Administrative Court of First Instance in Tirana decided: To uphold the Competition’s Commission Decision no. 693, dated 14.05.2020 "To ascertain the abuse of the dominant position of (...)

The Japanese FTC approves a commitment plan brought by an e-commerce company (Amazon)
Japan Fair Trade Commission (Tokyo)
Approval of the Commitment Plan submitted by Amazon Japan G.K.* In response to the notice which the Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) issued to Amazon Japan G.K. (hereinafter referred to as “Amazon Japan”) in accordance with the Commitment Procedures on July 10, (...)

The Russian Competition Authority requires a Big Tech company to provide competitive conditions for mobile applications developers and to ensure that in-house apps do not take precedence over third-party apps (Apple)
Russian Federal Antimonopoly Service (Moscow)
The Federal Antimonopoly Service Of The Russian Federation Issued A Remedy To Apple Inc. To Eliminate The Violation* Competition Authority required the company to provide competitive conditions for mobile applications developers Let us recall that on August 10, 2020 the FAS Russia completed (...)

The Romanian Competition Authority fines a pharmaceutical company for non-compliance with some of its remedial commitments agreed off the back of an investigation regarding possible abuse of dominant position (GlaxoSmithKline)
Romanian Competition Council (Bucharest)
The Competition Council Sanctioned Glaxosmithkline Srl With Fine of 11.9 Million Lei* The Competition Council sanctioned GlaxoSmithKline (GSK) SRL with fine of lei 11.9 million for non-compliance with some of its commitments assumed during the investigation regarding a possible abuse of (...)

The Romanian Competition Authority imposes a fine totaling €2.5 million on a pharmaceutical company for failure to observe commitments in an abuse of dominance probe (GlaxoSmithKline)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The Romanian Competition Authority announced on 25 August 2020 that it imposed a fine of 11.9 million lei (approximately EUR 2.5 million) on GlaxoSmithKline (GSK) for its failure to observe in full commitments which it had given earlier to allow the competition authority to terminate an inquiry (...)

The Icelandic Competition Authority fines a telecoms company for commitment violations in the sale of English football on its linear pay-TV service (Síminn)
Icelandic Competition Authority
The Icelandic Competition Authority fines Síminn for commitment violations* The decision made by the Competition Authority (ICA) today states the conclusion that Síminn violated the conditions of the commitments that the company has entered into with ICA in recent years. The decision reveals (...)

The EU Commission invites comments on a pharmaceutical company’s proposed commitment to reduce the price by 73% for six off-patent cancer medicines to remove the Commission’s excessive pricing concerns (Aspen)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Aspen to reduce prices for six off-patent cancer medicines by 73% to address Commission’s concerns over excessive pricing* The European Commission invites comments from all interested parties on commitments offered by Aspen to (...)

The EU Commission starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing on a range of off-patent cancer medicines (Aspen)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
Today, the European Commission (the Commission) started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings (Aspen) to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (see, attached (...)

The EU Commission invites parties to submit comments regarding a pharma company and its excessive pricing (Aspen)
Van Bael & Bellis (Brussels)
On 14 July 2020, the Commission invited interested parties to submit comments on the commitments offered by global pharma company Aspen to address competition concerns in relation to Aspen’s excessive pricing for six critical off-patent cancer medicines in several national markets (excluding (...)

The EU Commission invites comments from all interested parties on commitments offered by pharmaceutical company to address the Commission’s concerns over excessive pricing (Aspen)
Dentons (Berlin)
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DLA Piper (Bucharest)
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Plesner (Copenhagen)
Aspen: Quick Fix But Missed Opportunity* What are commitments? The recent effort by the Commission to settle the Aspen case suggests that commitment decisions are the preferred route to settle complex excessive pricing cases at EU-level. Previous commitment cases where high prices have been (...)

The Indian National Company Law Appellate Tribunal interprets strictly ’sufficient cause’ in an appellate framework for competition matters to tackle forum shopping practices (MAJ. Pankaj Rai / NITT)
Gujarat National Law University (Gandhinagar)
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Gujarat National Law University (Gandhinagar)
The National Company Law Appellate Tribunal (NCLAT) in New Delhi, India’s appellate tribunal for competition matters has given a decisive ruling for appeals of orders of the Competition Commission of India (CCI). In Maj. Pankaj Rai v Secretary, Competition Commission of India decided in May, (...)

The EU Commission seeks feedback on commitments offered by a TV box company in an abuse of dominance investigation involving exclusivity agreements (Broadcom)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 April 2020, the European Commission (the “Commission”) invited interested parties to submit comments on the commitments offered by Broadcom under Article 9 of Regulation 1/2003 to address competition concerns in relation to certain exclusivity and quasi-exclusivity agreements allegedly (...)

The Dutch Competition Authority expresses its satisfaction with commitments made by a pharmaceutical company regarding the supply of testing material for a drug test (Roche)
Van Bael & Bellis (Brussels)
On 3 April 2020, the Dutch competition authority (Autoriteit Consument en Markt or “ACM”) published a press release expressing its satisfaction with commitments made by Roche Diagnostics (“Roche”) regarding the supply of testing materials for the SARS- CoV-2 test. Roche, which the ACM says has a (...)

The EU Commission adopts a decision imposing commitments on an undertaking to free up capacities at interconnection points to increase natural gas exports between countries (Transgaz)
Van Bael & Bellis (Brussels)
On 6 March 2020, the European Commission adopted a decision imposing commitments on Transgaz to free up capacities at interconnection points in order to allow for increased natural gas exports from Romania to Hungary and Bulgaria. According to the Commission’s press release, Transgaz the (...)

The French Competition Authority fines a company for non-compliance with commitments in the funeral insurance market in La Réunion (Mutualité de la Réunion)
French Competition Authority (Paris)
The Autorité de la concurrence has fined La Mutualité de la Réunion for non-compliance with commitments* In brief The Autorité has imposed a fine of €200,000 on La Mutualité de la Réunion (MR) for failing to comply with part of the commitments it had entered into before the Autorité that aimed to (...)

The Cypriot Competition Authority fines a dominant mobile telephony services provider €237.181,76 for foreclosing the ability of its competitor to offer services for 10 years (MTN Cyprus / Golden Telemedia)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition imposed on MTN Cyprus Limited (EPIC LTD) an administrative fine of €237.181,76 for the infringement of Section 6(1)(b) of the Protection of Competition Laws of 2008 and 2014, following an investigation of the complaint submitted by Golden (...)

The French Competition Authority launches a market inquiry following a game console manufacturer’s commitments proposal (Sony)
French Competition Authority (Paris)
Games consoles: The Autorité launches a market consultation* In the context of a litigation procedure opened before the Autorité, Sony offers commitments to make its licensing policy more transparent to third parties wishing to manufacture and market compatible controllers with the Playstation 4 (...)

The Turkish Competition Authority imposes a daily fine on a Big Tech company for not complying with previously imposed obligations (Google)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
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ACTECON (Istanbul)
Turkish Competition Authority (“TCA”) recently published its decision (“Review Decision”) reviewing the obligations that ought to be fulfilled by the economic integrity comprised of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. (will be referred to as “Google” (...)

The German Competition Authority obtains amendments to seller rules active on a major online marketplace (Amazon)
German Competition Authority (Bonn)
Bundeskartellamt obtains far-reaching improvements in the terms of business for sellers on Amazon’s online marketplaces* In response to the competition concerns expressed by the Bundeskartellamt, Amazon is amending its terms of business for sellers on Amazon’s online marketplaces. Andreas (...)

The German Competition Authority ends an abuse probe after an online marketplace agrees to change business terms for dealers (Amazon)
Heinz & Zagrosek (Köln)
Bundeskartellamt ends abuse probe after Amazon agrees to changing business terms for dealers* On July 17, 2019, the German Bundeskartellamt (Federal Cartel Office, “FCO”) terminated its dominance probe into Amazon’s business terms towards sellers on its marketplace after Amazon agreed to various (...)

The Brazilian Competition Authority enters into a settlement agreement with a major refining company for the sale of oil refineries (Petrobras)
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Rio de Janeiro)
During a hearing held on June 11, 2019, the Administrative Council for Economic Defense (CADE) entered into a Settlement Agreement with Petrobras for the sale of eight oil refineries and associated infrastructure. The agreement was approved by the majority of CADE’s Commissioners and has in (...)

The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in its data processing policy (Facebook)
Van Bael & Bellis (Brussels)
On 6 February 2019, the German Federal Cartel Office (“FCO”) concluded administrative proceedings concerning the data gathering practices of Facebook Inc., Facebook Ireland and Facebook Germany (together “Facebook”). The FCO found that Facebook abused its dominant position by making the private use (...)

The Polish Competition Authority imposes commitments to restore competition on the railway infrastructure management market (PKP Cargo)
WKB Wierciński Kwieciński Baehr (Warsaw)
On 20 December 2018 the Polish Competition Authority ((Prezes Urzedu Ochrony Konkurencji i Konsumentów (“PCA” or the “Authority”) issued a decision in which it found that PKP Polskie Linie Kolejowe S.A. (“PKP” or the “Company”) could have abused its market position in relations with the suppliers of (...)

The South Korean FTC fines a company and imposes remedies for blocking potential rivals from entering the aviation reinsurance market (Korean Re)
Korea Fair Trade Commission (Seoul)
The Korea Fair Trade Commission (headed by Chairperson Kim Sang- Jo, hereinafter referred to as the ‘KFTC’) decided to impose remedies and approximately 7.6 billion won penalty surcharges* against Korean Reinsurance Co., (hereinafter referred to as ‘Korean Re’) for blocking potential rivals from (...)

The EU Commission imposes a fine totalling €77M on a gas supply company and its subsidiaries for blocking access to key natural gas infrastructure in Bulgaria (BEH)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines BEH Group € 77 million for blocking access to key natural gas infrastructure in Bulgaria* The European Commission has fined Bulgarian Energy Holding (BEH), its gas supply subsidiary Bulgargaz and its gas infrastructure subsidiary Bulgartransgaz (the BEH group) €77 (...)

The EU Commission imposes binding remedies on a German grid operator to increase electricity trading (TenneT)
European Commission - DG COMP (Brussels)
Antitrust: Commission imposes binding obligations on TenneT to increase electricity trading capacity between Denmark and Germany* The European Commission has adopted a decision rendering legally binding commitments offered by German grid operator TenneT to significantly increase cross-border (...)

The EU Commission accepts commitments from a company to settle an investigation into conduct affecting the German and Danish electricity markets (TenneT)
Van Bael & Bellis (Brussels)
On 7 December 2018, the European Commission (“Commission”) adopted a decision accepting a number of commitments from TenneT to address the Commission’s competition concerns regarding TenneT’s conduct that allegedly limited southward capacity at the electricity interconnector between Western Denmark (...)

The French Competition Authority renders legally binding a set of remedies proposed by a media company, leaving its subscribers free to choose their TV decoder to watch its programmes (Canal Plus)
French Competition Authority (Paris)
Satellite Pay TV* The Autorité de la concurrence makes the commitments of Groupe Canal Plus binding, leaving its subscribers free to choose their TV decoder to watch its programmes. The complaint A satellite decoder manufacturer lodged a complaint with the Autorité de la concurrence relating (...)

The EU Commission fines a Big Tech company €4.34 billion for illegal practices in distribution agreements for its mobile operating system (Google Android)
International Center for Law & Economics (Portland)
The EU’s Google Android antitrust decision falls prey to the nirvana fallacy* Today the European Commission launched its latest salvo against Google, issuing a decision in its three-year antitrust investigation into the company’s agreements for distribution of the Android mobile operating (...)

The Portuguese Competition Authority renders legally binding a set of remedies that expand the scope of postal network access offer of a postal operator to competing operators (CTT)
Portuguese Competition Authority (Lisbon)
AdC’s intervention expands the scope of CTT postal network access offer to competing operators and broadens consumer choice* The Portuguese Competition Authority (AdC) adopted a decision which renders legally binding a set of commitments that expand the scope of CTT’s Postal Network Access Offer (...)

The Lithuanian Competition Authority closes its investigations against a bank for abuse of dominance (Swedbank)
Lithuanian Competition Authority (Vilnius)
Competition Council closes the investigation into Swedbank actions* The Competition Council closed the investigation into the compliance of Swedbank actions with the requirements of the Law on Competition upon Swedbank submitting written commitments suitable for the elimination of the alleged (...)

The EU Commission accepts commitments to settle an investigation into conduct affecting Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
On 24 May 2018, the Commission adopted a decision accepting a number of commitments from Gazprom to address the Commission’s competition concerns regarding conduct by Gazprom that allegedly restricted the free flow of gas at competitive prices in Central and Eastern European gas markets. The (...)

The EU Commission imposes a set of binding obligations on a dominant gas supplier to enable free flow (Gazprom)
European Commission - DG COMP (Brussels)
Antitrust: Commission imposes binding obligations on Gazprom to enable free flow of gas at competitive prices in Central and Eastern European gas markets* The European Commission has adopted a decision imposing on Gazprom a set of obligations that address the Commission’s competition concerns (...)

The German Competition launches a market inquiry on remedies proposed by German Olympic Sports Confederation and the International Olympic Committee suspected to abuse of their dominant position (DOSB / IOC)
German Competition Authority (Bonn)
Market test on commitments of DOSB and IOC* The Bundeskartellamt is currently conducting an administrative proceeding against the German Olympic Sports Confederation (Deutscher Olympischer Sportbund, DOSB) and the International Olympic Committee (IOC). The Bundeskartellamt suspects that the (...)

The German Competition Authority terminates its administrative proceeding against a national sports association suspected of abuse of dominance (DFB - German Football Association)
German Competition Authority (Bonn)
DFB eases conditions for purchase of tickets for World Cup 2018* The Bundeskartellamt has terminated its administrative proceeding against the German Football Association (DFB) which it had initiated on the suspicion that the association had abused its dominant position. Before this DFB had (...)

The Slovenian Competition Authority accepts commitments by the incumbent gas importer and supplier addressing concerns relating to long-term contracts on natural gas supply with industrial customers (Geoplin)
Fatur Law Firm (Ljubljana)
Introduction On 10 November 2017, the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) has adopted a decision that renders legally binding the commitments offered by GEOPLIN LLC. (hereinafter referred to as GEOPLIN ), incumbent gas importer and supplier in the (...)

The French Competition Authority accepts remedies proposed by a sugar producer suspected to have abused its dominant position (Tereos)
French Competition Authority (Paris)
Sugar production / Picardie* Tereos takes commitments under the French competition authority that it will open up its procurement contracts. Sugar beet growers will benefit from greater freedom to choose the sugar groups that they want to supply. The complaint by Saint-Louis Sucre France’s (...)

The Spanish Competition Authority closes abuse of dominance proceedings through a commitments decision against a pharmaceutical company (IMS Health)
Callol, Coca & Asociados (Madrid)
On 13 July 2017, the NMCC closed the Article 102 TFEU and Article 2 of the Spanish Competition Act (Competition Act) proceedings related to the supply of pharmaceutical marketing data to IMS Health (IMS) by means of a commitments decision. The NMCC initiated the investigation, as a result of (...)

The Spanish Competition Authority closes investigation against a tonic water company following submission of competition commitments in a case related to restrictions of parallel trade (Schweppes / Red Paralela)
Callol, Coca & Asociados (Madrid)
The NMCC has closed with commitments an investigation against Schweppes, S.A. related to restrictions of parallel trade. The Coca-Cola group and Orangina Schweppes Holding B.V. (OSHBV) share the ownership of the Schweppes trademark in the EU. Coca-Cola owns the Schweppes trademark in the UK (...)

The EU Commission opens a formal investigation to assess whether Romania’s gas transmission system operator has abused its dominant position (Transgaz)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens investigation into gas export restrictions from Romania* The European Commission has opened a formal investigation to assess whether Romania’s gas transmission system operator Transgaz has been hindering gas exports from Romania to other EU Member States. The (...)

The EU Commission accepts remedies proposed by an electronic commerce company in the e-books sector (Amazon)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments from Amazon on e-books* The European Commission has adopted a decision that renders legally binding the commitments offered by Amazon. The commitments address the Commission’s preliminary competition concerns relating to a number of clauses in Amazon’s (...)

The Italian Competition Authority accepts commitments from a collecting society in an abuse of dominance investigation (Nuovoimaie)
Van Bael & Bellis (Brussels)
On 22 March 2017, the Italian Competition Authority (“ICA”) accepted commitments from the copyright-collecting society NUOVOIMAIE (“NI”) aimed at addressing ICA’s concerns that NI had abused its dominant position on the Italian market for management and intermediation services in the audio-visual (...)

The EU Commission launches a market test on an energy company’s commitments relating to the Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
On 13 March 2017, the European Commission launched a market test on commitments submitted by Gazprom aimed at addressing concerns over its alleged abuse of dominance on Central and Eastern European gas supply markets. In April 2015, the European Commission announced that it had sent a (...)

The German Competition Authority closes its proceedings on abusive pricing against district heating suppliers and obtains antitrust remedies (Innogy)
German Competition Authority (Bonn)
Proceedings against district heating suppliers concluded* The Bundeskartellamt has concluded its proceedings on abusive pricing against district heating suppliers. In a number of supply areas the suppliers have offered commitments in response to the authority’s concerns about abusively (...)

The French Competition Authority conducts an initial intermediary assessment of the commitments made by an online accommodation booking company (Booking.com)
French Competition Authority (Paris)
The Autorité de la concurrence conducts an initial intermediary assessment of the commitments made by Booking.com.* The Autorité has not ruled out the possibility of issuing an opinion at its own initiative if the change in competition so requires, and is actively contributing to all of the (...)

The EU Commission seeks feedback on commitments proposed by an electronic commerce company in e-book investigation (Amazon)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Amazon in e-book investigation* The European Commission is inviting comments on commitments offered by Amazon to address competition concerns relating to parity clauses in contracts with publishers. The clauses may breach EU (...)

The Polish Supreme Court finds that a decision of the Competition Authority and the judgment of the Court of Appeal failed to establish a sufficiently precise relevant market definition to enable the finding of an abuse of dominance in the natural gas sector (PGNiG)
Utrecht University
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Affre i Wspólnicy (Warsaw)
In the judgment of the Supreme Court (“SC”) of 10 January 2017, (III SK 61/15) concerning the alleged abuse of dominant position by PGNiG S.A. – a Polish natural gas company, the case was referred back to the Court of Appeal in Warsaw (“CA”). The SC found that neither the President of the Office of (...)

The Czech Competition Authority accepts commitments in a case on alleged abuse of dominance by an energy company applying a pricing formula included in a long-term supply agreement (ČEZ)
Diwok Hermann Petsche (Baker McKenzie Vienna)
The Czech Competition Authority ("CCA") accepted in a decision of 20 December 2016 commitments offered by ČEZ, a partly state-owned Czech energy company, due to an alleged abuse of dominant position on the market for purchasing of brown coal. While the CCA refrained from final findings regarding (...)

The EU Commission fines a company specialized in the waste management for abuse of dominance (ARA)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines ARA €6 million for hindering competition on Austrian waste management market* The Commission has fined Altstoff Recycling Austria (ARA) €6 million for blocking competitors from entering the Austrian market for management of household packaging waste from 2008 to 2012, (...)

The EU Commission fines undertakings for abuse of dominance on the Austrian waste management market (Altstoff Recycling Austria)
Van Bael & Bellis (Brussels)
On 20 September 2016, the European Commission announced that it had imposed a € 6 million fine on Altstoff Recycling Austria (“ARA”) for abusing its dominant position on the Austrian waste management market by blocking competitors from entering the Austrian market between 2008 and 2012. Austrian (...)

The EU General Court upholds the Commission’s decision making legally binding commitments remedying a finding of an abuse of dominance in the market for consolidated real-time data feeds (Morningstar / Thomson Reuters)
Van Bael & Bellis (Brussels)
On 15 September 2016, the General Court upheld the Commission’s decision accepting commitments proposed by Thomson Reuters with a view to remedying a finding of an abuse of a dominant position in the market for consolidated real-time data feeds, in breach of Article 102 TFEU. The Commission had (...)

The Croatian Competition Authority accepts remedies proposed by a company suspected of abuse of dominance on the funeral services market (Flora)
Croatian Competition Agency (Zagreb)
CCA accepts commitments by Flora VTC* The Croatian Competition Agency (CCA) accepted the commitments offered by Flora VTC in the course of the ex-officio proceeding that it opened against this undertaking in April 2016. The CCA established within the proceeding that on the basis of the Prices (...)

The Italian Competition Authority, in collaboration with 9 National Competition Authorities and the EU Commission, monitors the impact of the measures undertaken in the online hotel booking sector
Italian Competition Authority (Rome)
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

The EU Commission accepts remedies to alleviate concerns in film licensing contracts in cross-border pay-TV services (Paramount / Sky UK)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by Paramount on cross-border pay-TV services* The European Commission has made commitments offered by Paramount legally binding under EU antitrust rules. These address the Commission’s concerns regarding certain clauses in film licensing contracts for (...)

The EU Commission accepts remedies proposed by companies active on the credit default swaps market (ISDA / Markit)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by ISDA and Markit on credit default swaps* The European Commission has adopted a decision that renders legally binding commitments to licence inputs for credit default swaps, offered separately by the International Swaps and Derivatives Association (...)

The French Competition Authority launches, in collaboration with 9 National Competition Authorities and the EU Commission, a survey among hoteliers to assess the remedies implemented in the hotel booking sector (Booking.com)
French Competition Authority (Paris)
Hotel booking platforms* The Autorité de la concurrence launches, in collaboration with 9 national competition authorities and the European Commission, a survey among hoteliers in order to assess the effects of the remedies implemented in Europe in the hotel booking platforms sector. (...)

The Portuguese Competition Authority renders legally binding the commitments offered by a food retailer (Dia)
Portuguese Competition Authority (Lisbon)
The PCA adopts a decision which renders legally binding the commitments offered by Dia Portugal related to Minipreço franchise* The Portuguese Competition Authority (PCA) adopted a decision which renders legally binding the commitments offered by Dia Portugal Supermercados, Sociedade (...)

The German Competition Authority announces that, following its investigations, a railway company has decided to make far-reaching changes to the sale of passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Deutsche Bahn AG to make changes to ticket sales* Following investigations by the Bundeskartellamt, Deutsche Bahn AG has undertaken to make far-reaching changes to the sale of passenger tickets. The measures will improve the ticket sales possibilities of its competitors. In early 2014 the (...)

The German Competition Authority terminates proceedings regarding possible abuse of dominance in the market for the distribution of passenger train tickets and accepts several commitments by the incumbent train company (Deutsche Bahn)
Van Bael & Bellis (Brussels)
By a decision of 24 May 2016, the German Federal Cartel Office (“FCO”) announced that it had terminated proceedings against Deutsche Bahn AG after having accepted several commitments. In 2014, the FCO initiated an investigation against Deutsche Bahn AG and reached the preliminary conclusion that (...)

The EU Commission invites interested third parties to comment on the commitments proposed in the credit default swaps case (ISDA / Markit)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments by ISDA and Markit on credit default swaps* The European Commission is inviting comments from interested parties on commitments offered separately by ISDA and by Markit to address competition concerns relating to the licensing of data and (...)

The German Competition Authority approves marketing model for the award of football championship rights from 2017/18 season onwards (DFL)
German Competition Authority (Bonn)
Bundeskartellamt approves marketing model for award of Bundesliga rights from 2017/18 football season onwards – DFL undertakes for first time to observe ’no single buyer’ rule* The German League Association and the German Football League (DFL) have submitted a commitment to the Bundeskartellamt (...)

The EU Commission relieves an undertaking in the railway sector of its obligation to comply with a commitments decision, following market developments (Deutsche Bahn)
Van Bael & Bellis (Brussels)
On 8 April 2016, the Commission announced that it had adopted a decision to relieve Deutsche Bahn of its obligation to comply with a commitments decision made binding on the company in December 2013. According to the Commission, the commitments decision had achieved its “main purpose”, which it (...)

The EU Commission allows the early termination of commitments made by a railway power supplier, following the entry of new competitors to the market (Deutsche Bahn)
European Commission - DG COMP (Brussels)
Antitrust: successful market opening allows early termination of commitments in Deutsche Bahn case* The European Commission has relieved Deutsche Bahn ahead of schedule from commitments made binding in December 2013, as several competitors have now entered the German railway traction current (...)

The Croatian Competition Authority accepts commitments proposed by an undertaking suspected to abuse of dominance in the newspapers market (Tisak)
Croatian Competition Agency (Zagreb)
Tisak reviews the commission rates in newspapers sales* The Croatian Competition Agency (CCA) accepted the committments of the undertaking Tisak with the view to eliminating possible anticompetitive effects in the commission sales of newspapers in the proceedings that has been carried out by (...)

The UK Competition Authority issues a provisional decision on remedies to increase competition in the private healthcare market (HCA)
United Kingdom’s Competition Authority (CMA) (London)
CMA’s private healthcare provisional decision on remedies* The CMA has provisionally found that likely changes in London’s private healthcare market mean that extra remedies would not be proportionate. In April 2012, the Competition Commission, a predecessor body of the Competition and Markets (...)

The Portuguese Competition Authority renders binding commitments proposed by car manufacturer regarding motor vehicle warranties (Fiat)
Portuguese Competition Authority (Lisbon)
The PCA adopts a decision which renders legally binding the commitments offered by Fiat regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) adopted a decision which renders legally binding the commitments offered by FCA Portugal, S.A., in relation to Fiat brands (...)

The Portuguese Competition Authority closes its infringement procedure in the case of motor vehicles warranties (SEAT Portugal)
Portuguese Competition Authority (Lisbon)
Intervention of the Portuguese Competition Authority led to positive changes in the motor vehicles warranties* The Portuguese Competition Authority (PCA) decided to close the infringement procedure against SEAT Portugal, Unipessoal, Lda. (SEAT Portugal) because the company, diligently, (...)

The Hellenic Competition Authority accepts remedies proposed by an electricity producer ending competition concerns (PPC)
Hellenic Competition Commission (Athens)
HCC has accepted commitments proposed by the PPC S.A. to address competition concerns with regard to the supply of electricity to Aluminium of Greece S.A.* By a unanimous decision, the Hellenic Competition Commission (HCC) accepted commitments proposed by the Public Power Corporation S.A. (PPC (...)

The Estonian Competition Authority accepts commitment proposed by a vertically integrated electricity network operator to offer to all electricity suppliers the option of issuing joint invoices (Elektrilevi)
Sorainen (Tallinn)
With its 29 December 2015 decision, the Estonian Competition Authority (“ECA”) closed proceedings concerning an alleged abuse of dominance by the leading vertically integrated electricity network operator in Estonia, Elektrilevi OÜ. The proceedings were closed without a decision on whether a (...)

The Portuguese Competition Authority receives remedies from an automobile constructor regarding motor vehicles warranties (Fiat)
Portuguese Competition Authority (Lisbon)
Fiat offers commitments regarding motor vehicles warranties* The Portuguese Competition Authority (PCA) opened proceedings against Fiat Group Automobiles Portugal, S.A., now FCA Portugal, S.A. (Fiat), in relation to the Fiat brand, for alleged infringements of competition rules. The (...)

The Dutch Competition Authority pronounces an order obliging a dominant postal service company to transmit its price list to its competitors (PostNL)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM: postal company PostNL must stop frustrating its competitors* Dutch postal company PostNL failed to share clearly with other postal companies part of its tariffs and conditions for mail delivery. Consequently, Van Straaten Post and Intrapost, two smaller rival postal companies, did not (...)

The EU Commission accepts the commitments proposed to end competition restrictions in Bulgaria’s wholesale electricity market (Bulgarian Energy Holding)
Mondelez (Sofia)
On December 10, 2015 the European Commission accepted the commitments proposed by Bulgarian Energy Holding to open up the Bulgarian wholesale electricity market. The decision should lead to greater liberalization and transparency on the wholesale electricity market in Bulgaria, thus enhancing (...)

The EU Commission accepts commitments proposed by an electricity provider to open up the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by Bulgarian Energy Holding to open up Bulgarian wholesale electricity market* The European Commission has adopted a decision that renders legally binding the commitments offered by Bulgarian Energy Holding (BEH) to end competition restrictions on (...)

The Hungarian Competition Authority accepts commitments proposed by a software company suspected of abuse of dominance (Nielsen)
Hungarian Competition Authority (Budapest)
The GVH accepted the commitments offered by Nielsen* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) accepted the commitments offered by Nielsen Közönségmérés Kft. (Nielsen), pursuant to which in the future it will set the prices of its databases and of the related discounts (...)

The Portuguese Competition Authority receives commitments from a car manufacturer ending competition concerns regarding motor vehicles warranties (SIVA)
Portuguese Competition Authority (Lisbon)
SIVA offers commitments to the Portuguese Competition Authority regarding motor vehicles warranties* The Portuguese Competition Authority has opened proceedings against SIVA – Sociedade de Importação de Veículos Automóveis, S.A., the Portuguese importer of Audi, Volkswagen and Skoda brands, for (...)

The Croatian Competition Authority accepts the remedies proposed by a dominant undertaking on the market of pyrotechnic products (Mirnovec pirotehnika)
Croatian Competition Agency (Zagreb)
CCA orders Mirnovec pirotehnika to change lease and business cooperation agreements* Similar as in the recent proceeding that it carried out against the undertaking Orion in the same relevant market the Croatian Competition Agency (CCA) opened the ex officio proceeding following the initiative (...)

The Polish Competition Authority accepts commitments proposed by insurers in the life insurance market (Allianz)
Polish Competition Authority (Warsaw)
UOKiK issues commitment decisions in unit-linked life insurance cases as part of wide investigation of consumer abuses in the sector* Three insurance companies – Polish units of Aviva, Allianz and Nationale Nederlanden – have committed to significantly reduce cancellation fees in existing (...)

The Irish Competition Authority publishes commitments secured from Europe’s largest online travel agent platform regarding its best price guarantee (Booking.com)
Irish Competition Authority (Dublin)
Commission secures 5-year commitments from Booking.com* Commission secures 5-year commitments from Booking.com Accommodation providers in Ireland will have increased ability to offer lower prices Consumers will have greater access to more competitive rates Tuesday, 6th October 2015: The (...)

The Polish Competition Authority fines a gas supplier for failing to fully comply with a commitment decision (PGNiG)
Polish Competition Authority (Warsaw)
PGNiG, Poland’s leading gas supplier, fined for failing to fully comply with a commitment decision* UOKiK has fined Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), a leading Polish oil and gas company, EUR 2.45 mln for failing to comply with a part of the commitment decision it had accepted in (...)

The Portuguese Competition Authority accepts commitments proposed by a car manufacturer related to vehicle warranties’ restrictions (Ford)
Portuguese Competition Authority (Lisbon)
The PCA converts into mandatory conditions the commitments presented by Ford Lusitana regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) converts into mandatory conditions all the commitments presented by Ford Lusitana, S.A. (Ford), in order to address the (...)

The Romanian Competition Authority launches a market test concerning a possible abuse of dominance in the pharmaceutical sector (GlaxoSmithKline)
Romanian Competition Council (Bucharest)
The Competition Council launches for public debates the commitments formulated by S.C. GLAXOSMITHKLINE S.R.L.* The Competition Council launches for public debates the commitments formulated by S.C. GlaxoSmithKline (GSK) S.R.L. within the investigation on possible abuse of dominant position of (...)

The South African Competition Tribunal addresses its first predatory pricing case in the newspaper market (Media24)
Wallonia-Brussels Trade Commission - AWEX (Johannesburg)
First predatory pricing case before the Competition Tribunal* A year ago, we at AAT reported on the intervention by competitors in the merger between Media24 and Paarl Media. Today, we want to highlight a “one-year-later” feature about that same company, which has now been found liable of (...)

The Latvian Administrative Regional Court upholds the decision of the Competition Authority that fined and imposed remedies on the national gas supplier in a case of abuse of dominance (Latvijas Gāze)
Latvian Competition Council (Riga)
Court agrees with the Competition Authority to fine the National Gas Supplier* On 2 September, the Administrative Regional Court confirmed the Competition Council’s (CC) decision to impose the only natural gas supplier in Latvia – AS "Latvijas Gāze" – remedies to change the practice of debt (...)

The Romanian Competition Authority accepts commitments closing mobile operators’ price investigation (Orange Romania)
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
The Romanian Competition Authority’s investigation started in 2011, in the context in which the four large mobile operators in Romania - Orange Romania, Vodafone Romania, Romania Telekom Mobile Communications and RCS & RDS - were charging different tariffs for the service of call termination (...)

The Portuguese Competition Authority receives commitments proposed by a car manufacturer to end the competition concerns regarding motor vehicles warranties (Ford)
Portuguese Competition Authority (Lisbon)
Ford offers commitments to the Portuguese Competition Authority regarding motor vehicles warranties* The Portuguese Competition Authority has opened proceedings against Ford Lusitana, S.A. (Ford) for alleged infringements of the competition rules, on January 2015. The Portuguese Competition (...)

The Cyprus Competition Authority imposes a fine of 750,000 Euro and behavioural remedies on an airport company (Hermes Airports)
White & Case (Brussels)
,
Chrysses Demetriades (Limassol)
1. Background In its decision dated 23/6/2015 the Cypriot Commission for the Protection of Competition (the “CPC”) held that the operator of the Larnaca and Paphos international Airports in Cyprus, Hermes Airports Ltd, (hereafter referred as “Hermes”) violated Section 6(1)(a) of the Cyprus Law on (...)

The EU Commission launches a market test concerning the commitments proposed by an electricity provider operating in the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
European Commission - DG COMP (Brussels)
Commission market tests commitments by Bulgarian Energy Holding (BEH) concerning Bulgarian wholesale electricity market* The European Commission is inviting comments from interested parties on commitments offered by the State-owned Bulgarian Energy Holding EAD (BEH) to address competition (...)

The Croatian Competition Authority accepts commitments proposed by a company operating in the provision of specialised IT support to leasing companies (Gemicro)
Croatian Competition Agency (Zagreb)
Gemicro committments accepted* In the proceeding against the undertaking Gemicro the Croatian Competition Agency (CCA) accepted the committments made by Gemicro for the removal of anticompetitive effects and restoration of competition in the provision of specialised IT support to leasing (...)

The Russian Competition Authority welcomes the decision of the gravel manufacturer aiming to end a practice constituting an abuse of dominance (Sharkhinsky Quarry)
Russian Federal Antimonopoly Service (Moscow)
A gravel producer in Crimea voluntarily eliminated violations of the antimonopoly law* The Federal Antimonopoly Service (FAS Russia) terminated the case against “Sharkhinsky Quarry” Shareholding Company in the part of abusing dominance (Clause 6 Part 1 Article 10 of the Federal Law “On (...)

The French Competition Authority obtains commitments from an owner of mobile operators pylons limiting the duration of new hosting contracts to 10 years (TDF)
French Competition Authority (Paris)
The Autorité de la concurrence obtains from TDF an improvement of the hosting contracts binding it to the mobile operators that use its pylons* In the scope of proceedings initiated before the Autorité de la concurrence by FPS Towers (hereinafter FPS), TDF commits to limiting the duration of new (...)

The Ningxia Administration for Industry and Commerce suspends an abuse of dominance investigation after receiving commitments from the companies (China Tietong / China Unicom / China Telecom)
University of Melbourne
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China Competition Bulletin (Beijing)
,
Hogan Lovells (Beijing)
Tied sales of landline telephone services investigated in Ningxia* The SAIC reported that, on 15 May 2015, the Administration for Industry and Commerce in the Ningxia Hui Autonomous Region (Ningxia AIC) suspended its antitrust investigation of the Ningxia branches of China Tietong, China (...)

The French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
French Competition Authority (Paris)
The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more freedom in commercial and (...)

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)
Italian Competition Authority (Rome)
Commitments offered by booking.com: closed the investigation in Italy, France AND Sweden* On 21 April 2015, the Italian Competition Authority has rendered legally binding the commitments offered by Priceline Group’s companies Booking.com BV and Booking.com (Italy) and closed, with respect to (...)

The FTC seeks to secure first disgorgement in nearly a decade (Cardinal Health)
Womble Bond Dickinson (Charlotte)
FTC Seeks to Secure First Disgorgement in Nearly a Decade* The FTC announced yesterday that Cardinal Health, Inc. (“Cardinal”) has agreed to pay $26.8 million to resolve its investigation into the company’s alleged anticompetitive behavior. If approved by a federal court, the settlement would (...)

The Swedish Competition Authority approves the voluntary commitments of an online hotel booking company subject to a fine (Booking.com)
Klarna (Stockholm)
The Swedish Competition Authority decided, on 15 April 2015, to approve the voluntary commitments presented by Bookingdotcom Sverige AB and Booking.com BV (below, jointly referred to as “Booking.com”). The commitments are associated with a fine of SEK 5 million (approx. EUR 550 000) for (...)

The Canadian Competition Authority holds that the exit of a dominant firm from the relevant market does not end the abuse of dominance claim (Direct Energy)
Conzen O’Connor (Toronto)
Not out of hot water: Direct Energy’s exit does not end abuse case* Direct Energy’s exit from the hot water heater rental market did not turn down the heat from the Commissioner The exit of a respondent in an abuse of dominance case does not mean the case cannot continue, the Competition (...)

The Mexican Competition Commission accepts the remedies proposed by a dominant association in the market of the production of avocados (APEAM)
Mexican Competition Authority (Mexico City)
COFECE Resolution Will Allow Haas Avocado Exportation to the U.S.A. for all Packers in Mexico* • The APEAM agreed to eliminate anticompetitive practices that imposed barriers on Hass avocado exports to the U.S.A. • COFECE will survey the APEAM’s strict compliance with proposed remedies. Mexico (...)

The Portuguese Competition Authority converts into mandatory conditions the commitments proposed by a car manufacturer in the market of motor vehicle warranties (Peugeot)
Portuguese Competition Authority (Lisbon)
The PCA converts into mandatory conditions the commitments presented by Peugeot Portugal regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) converts into mandatory conditions all the commitments presented by Peugeot Portugal Automóveis, S.A. (Peugeot), in order to (...)

The Chinese NDRC applies rigorously the Anti-monopoly Law and fines a company for abuse of dominant position (Qualcomm)
Dacheng - Dentons (Shanghai)
,
Dacheng - Dentons (Beijing)
On February 10, 2015, as one of the global antitrust enforcement powerhouses by now, the National Development and Reform Commission of PRC (“NDRC”) issued its sanction decision against the US semiconductor giant Qualcomm Incorporated (“Qualcomm), imposing a fine of RMB 6.088 billion (equivalent to (...)

The Chinese NDRC imposes changes in licensing practices (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Washington)
,
Cleary Gottlieb Steen & Hamilton
,
Cleary Gottlieb Steen & Hamilton (Brussels)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 2, 2015, China’s National Development and Reform Commission (“NDRC”), the agency responsible for investigating price-related violations of China’s (...)

The French Competition Authority launches a market inquiry relating to remedies proposed by the owner of pylons in the mobile market (TDF)
French Competition Authority (Paris)
TDF proposes to reduce the length of contracts and ease the conditions for early termination in the contracts of mobile operators using its pylons for the installation of their antennas.The Autorité de la concurrence launches a market test on these proposals.* Within the scope of litigation (...)

The German State of Baden-Württemberg withdraws its remedies proposed to the German Competition Authority aiming at bringing the State’s timber marketing practices in line with competition law (German State of Baden-Württemberg)
German Competition Authority (Bonn)
Baden-Württemberg withdraws its commitments in round timber proceedings* Today the federal state of Baden-Württemberg withdrew the commitments it offered in the Bundeskartellamt proceedings initiated against it for its joint marketing of round timber. The commitments were aimed at bringing the (...)

The French Competition Authority receives commitments from an online hotel booking company aiming at ending practices likely to constitute an abuse of dominance (Booking.com)
French Competition Authority (Paris)
Online hotel booking sector* Booking.com has proposed to the Autorité de la concurrence to remove the so-called “pricing parity clause” obliging hotels to grant it pricing conditions that are at least as favorable as those granted to the other online platforms Hotels can now place booking.com in (...)

The French Competition Authority receives commitments from a railway company aimed at increasing the autonomy of its subsidiary in the market for advice and technical assistance to transport network operators (SNCF / Keolis / Transdev)
French Competition Authority (Paris)
The SNCF takes steps towards the increased autonomy of its subsidiary Keolis in the market of advice and technical assistance to urban transporters. The Autorité de la concurrence consults the market on the proposed commitments* Within the scope of a procedure initiated before the Autorité de (...)

The EU Commission hits telecoms with fines of 70 million euros for abusing the Slovak broadband market (Slovak Telecom)
Alston & Bird (London)
European Commission Hits Telecoms With Fines Of 70 Million Euros For Abusing Slovak Broadband Market* Co-written by Yulia Tosheva. The European Commission has signalled that it is not dialing down its scrutiny of the telecommunications sector by imposing fines totalling 70 million euros on (...)

The Russian Competition Authority opens proceedings against railways company for failure to execute the warning (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
“Russian Railways” does not give commuter trains* “Russian Railways” OJSC avoided concluding a rolling stock lease contract with “Interregional Passenger Company” Ltd. (“MRPK” Ltd. is not included in the Group of persons of “Russian Railways” OJSC) for commuter transportation of passengers in the (...)

The French Competition Authority accepts commitments from a railway company in the distribution of train tickets market (SNCF)
French Competition Authority (Paris)
The Autorité de la concurrence obtains commitments from SNCF allowing travel agencies to compete on an equal footing with voyages-sncf.com. Following these changes, travellers should enjoy an enhanced offer of services.* Summary Following a complaint submitted to the Autorité de la concurrence (...)

The Netherlands Competition Authority fines a company for having abused of its dominance, inter alia, by refusing to inform in advance competitors that use its network about what services it will offer to its own business customers (KPN)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
KPN fined for putting competitors at a disadvantage with regard to its business call-forwarding service* Dutch telecom company KPN is required to inform in advance competitors that use its network about what services KPN will offer to its own business customers. In addition, KPN must in a (...)

The Italian Administrative Supreme Court reinstates a decision issued by the Competition Authority accepting commitments by the dominant satellite TV company regarding the discriminatory conditions of access to its broadcasting platform (Sky Italia)
Legance - Studio Legale Associato (Rome)
By judgement no. 4773 of 22 September 2014, the Italian Supreme Administrative Court (“Consiglio di Stato”) upheld an appeal brought by Sky Italia s.r.l. (“Sky”) and the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) and reinstated the AGCM decision no. 21316 (...)

The Hellenic Competition Authority examines whether the commitments proposed by fuel wholesale trading companies resolve the competition concerns it has identified in the petrol stations market (Hellenic Fuels)
Hellenic Competition Commission (Athens)
Review of commitments proposed by fuel trading companies with regard to long-term exclusive cooperation agreements concluded between petrol-station operators and such companies.* The competent Chamber of the Hellenic Competition Commission (HCC) will convene on 13 November to examine whether (...)

The UK Competition Authority accepts commitments relating to platform services for the automotive sector (Epyx)
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom: The Competition and Markets Authority accepts Commitments relating to Platform Services for Automotive Sector* On 9 September 2014, the Competition and Markets Authority (CMA) accepted final commitments offered by Epyx Limited (Epyx) relating to service, maintenance and repair (...)

The French Competition Authority accepts commitments in the market for coffee capsules (Nespresso)
French Competition Authority (Paris)
The Autorité de la concurrence has obtained a commitment from Nespresso to lift barriers to entry for other coffee capsule makers – compatible with Nespresso coffee machines – as well as barriers to their growth* The final commitments made by Nespresso – the first in the world – have been (...)

The French Competition Authority makes legally binding improved commitments by a dominant firm to open up the relevant market (Nespresso)
Ashurst (Milan)
Nespresso offers improved commitments to open up the market for coffee capsules* Last 4 September the French Competition Authority (“AdlC”) made legally binding the improved commitments Nespresso offered to open up the market for coffee capsules to competitors in France and beyond. As it (...)

The Hellenic Competition Commission accepts a proposal to revise partly commitments adopted in a previous decision concerning the supply of natural gas through electronic auctions (DEPA)
Hellenic Competition Commission (Athens)
Amendment of commitments adopted with decision 551/VII/2012 of the HCC concerning the supply of natural gas through electronic auctions (optimization of gas release programmes)* Following consultation with DEPA customers and in collaboration with the Regulatory Authority for Energy (RAE), the (...)

The EU Commission publishes a decision finding that request and enforcement of an injunction before a German court regarding a smartphone standard-essential patent constituted an abuse of dominant position (Motorola Mobility)
DLA Piper Weiss-Tessbach (Vienna)
Motorola Mobility won’t appeal the European Commission’s decision on patent licensing* Motorola Mobility (Motorola) has decided not to appeal the European Commission’s decision holding that it was abusing the way it licensed standard essential patents for mobile-phone standards. The Commission (...)

The Lithuanian Competition Authority terminates an investigation on compliance of actions with Article 7 of the Law on Competition and Article 102 TFEU (Viasat)
Max Planck Institute for Innovation and Competition (Munich)
On 19 June 2014 the Competition Council terminated the investigation on an alleged abuse of a dominant position (Article 7 of the Law on Competition, Article 102 TFEU) by the actions of the TV channels distributors Viasat World Limited and Viasat AS . Originally, the investigation was started (...)

The Chinese NDRC announces the suspension of an investigation on abuse of dominance against a U.S. wireless technology developer after receiving detailed commitments (Inter Digital Communications)
GEN Law (Beijing)
Excessive pricing and standard-essential patents* On May 22 2014, China’s National Development and Reform Commission (NDRC) announced the suspension of the investigation against Inter Digital Communications (IDC), a US wireless technology developer, as the company had submitted detailed (...)

The EU Commission approves commitments concerning certain standard essential patents relating to the European Telecommunications Standardisation Institute’s 3G UMTS standard (Samsung Electronics)
Ashurst (Milan)
European Commission makes commitments offered by Samsung Electronics legally binding* On 29 April 2014, the European Commission European issued a decision (see also the related press release) which made legally binding the commitments offered by Samsung Electronics (“Samsung”) in relation to (...)

The Lithuanian Competition Authority concludes an important investigation into the suspected abuse of dominance in the sector for road transportation (LINAVA)
Lithuanian Competition Authority (Vilnius)
Competition Council’s investigation encourages the Association LINAVA* The Competition Council (the KT) terminated the investigation into the actions by the Lithuanian National Road Carriers Association LINAVA (the Association). Allegedly, the Associations had breached Article 7 of the Law on (...)

The Dutch Competition Authority receives commitment following an investigation into possible abuse of dominance in the music copyright sector (Buma / Stemra)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Buma/Stemra promises ACM to offer more options in music copyright management* Dutch copyright collecting society Buma/Stemra will offer composers and songwriters more options in the management of their music copyrights. This has been laid down in a commitment Buma/Stemra made to the (...)

The Russian Competition Authority issues a warning against airline companies that have a dominant position on some markets (Aeroflot – Russian Airlines)
Russian Federal Antimonopoly Service (Moscow)
FAS warned airlines to improve the systems of air tickets sales* The Federal Antimonopoly Service (FAS Russia) issued a warning to the airlines that have the dominant position on some markets. Elements of violating the antimonopoly law included imposing tariffs upon consumers without taking (...)

The UK Competition Appeal Tribunal publishes a notice of appeal against a decision to sell off one cement plant (Lafarge Tarmac)
Vinson & Elkins (London)
The UK cement market has been under much scrutiny recently. In January 2014, the old UK competition regulator, the Competition Commission (now replaced by the Competition and Markets Authority or CMA) published its final report following its market investigation into the aggregates, cement and (...)

The Russian Arbitration Court upholds the warning delivered by the Competition Authority against a pharmaceutical company aiming to eliminate disadvantageous contract conditions (Novo Nordisk)
Russian Federal Antimonopoly Service (Moscow)
Moscow Arbitration Court confirmed legitimacy of a FAS warning issued to “NovoNordisk”* On 14th March 2014, Moscow Arbitration Court confirmed legitimacy of a warning issued by the Federal Antimonopoly Service (FAS Russia) to “Novo Nordisk” Ltd. due to elements of violating Clauses 3 and 5 Part 1 (...)

The French Competition Authority makes legally binding the commitment of 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 (PMU)
Ashurst (Milan)
French Competition Authority orders PMU to separate its online horserace betting activity from its physical point of sale network* On 25 February 2014, the French Competition Authority (“AdlC”) issued a decision (available only in French) making legally binding the commitment of Pari Mutuel (...)

The Russian Competition Authority welcomes the intention of a railway company to implement the warning aiming to ending the abuse of dominance (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
“Russian Railways” OJSC executed a FAS determination* The Federal Antimonopoly Service (FAS Russia) found that actions of “Russian Railways” OJSC had signs of violating the antimonopoly law (Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company refused to send (...)

The Italian Competition Authority closes an Article 102 TFEU investigation against the incumbent in the high speed rail market with a commitment decision (NTV / Fs / High speed trains)
Giannino SI (Monserrato)
The Italian Competition Authority (ICA) has recently closed by a commitment decision an Article 102 TFEU investigation it had opened last year against the previous rail monopolist, the Ferrovie dello Stato (FS) group . In the NTV/Fs/Ostacoli all’accesso al mercato dei servizi passeggeri ad alta (...)

The Russian Competition Authority sends a warning against a rail company having abused of its dominance (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
“Russian Railways” OJSC executed a FAS determination* The Federal Antimonopoly Service (FAS Russia) found that actions of “Russian Railways” OJSC had signs of violating the antimonopoly law (Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company refused to send (...)

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 (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 (...)

Mergers

The French Competition Authority fines a multinational telecommunications company €75M for the clearance of penalty payments and non-compliance with injunctions issued in 2017 (Altice)
French Competition Authority (Paris)
Connecting buildings to the fibre optic network (Faber contract): the Autorité fines Altice 75 million euros for the clearance of penalty payments and non-compliance with injunctions issued in 2017* Background For the record, the Autorité de la concurrence had cleared the takeover of SFR by the (...)

The Irish Competition Authority conditionally clears the merger between two supermarket chain companies subject to legally binding commitments (Tesco / Joyce)
Irish Competition Authority (Dublin)
CCPC requires binding commitments to clear Tesco Ireland’s proposed acquisition of Joyce’s Supermarkets* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by Tesco Ireland Limited (Tesco) of sole (...)

The Finnish Competition Authority conditionally approves a merger between a manufacturer and a wholesale operator in the food service procurements sector (Valio / Heinon Tukku)
Finnish Competition and Consumer Authority (Helsinki)
The FCCA conditionally approves the merger between Valio and Heinon Tukku* The Finnish Competition and Consumer Authority (FCCA) approved the merger in which Valio Oy will purchase Heinon Tukku Oy on 30 June 2021. A precondition for approving the merger is that Valio undertakes to protect the (...)

The UK Competition Authority accepts commitment by a major photo-sharing platform to tackle hidden advertising by social media influencers (Instagram)
United Kingdom’s Competition Authority (CMA) (London)
Instagram to tackle hidden advertising after CMA action* Following CMA action, Instagram will do more to prevent hidden advertising on its app and website, signalling an important behaviour shift by a major platform. Facebook Ireland Ltd, which operates Instagram in the UK, has committed to a (...)

The EU Commission conditionally clears an acquisition between two global developers and suppliers of veterinary pharmaceuticals (Elanco Animal Health / Bayer Animal Health)
Van Bael & Bellis (Brussels)
On 8 June 2020, the Commission announced its conditional clearance of Elanco’s purchase of Bayer’s animal health division (“BAH”). Both Elanco and BAH are global developers and suppliers of veterinary pharmaceuticals, and the transaction will establish the largest animal health company worldwide. (...)

The French Competition Authority publishes its adaptation of the time limits and procedures during the COVID-19 outbreak Free
French Competition Authority (Paris)
Adaptation of the time limits and procedures of the Autorité de la concurrence in times of health emergency* Background The Autorité specifies to businesses how the rules regarding deadlines and procedures will be adapted due to the state of health emergency. Following the adoption of the law (...)

The US DoJ reaches a settlement with two companies breaking up their joint venture and uses disgorgment remedy in the tour bus market (Coach USA / City Sights / Twin America)
McDermott Will & Emery (Washington)
The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5 million in profits from the defendants. This case demonstrates the aggressive (...)

The UK Competition Authority consults on commitments offered by two major airlines in the Atlantic Joint Business Agreement to resolve competition concerns over airline routes with consideration for the effects of COVID-19 pandemic (American Airlines / British Airways) Free
United Kingdom’s Competition Authority (CMA) (London)
CMA consults on BA and American Airlines commitments* British Airways and American Airlines have offered commitments to resolve the CMA’s competition concerns over an agreement about airline routes between the UK and US. The airlines will make slots available at London Heathrow or Gatwick (...)

State Aid

The EU Commission approves an award of slots at the Paris-Orly airport to a low-cost airline company in the context of its competitor’s recapitalisation due to the COVID-19 pandemic (Vueling / Air France) Free
European Commission - DG COMP (Brussels)
State aid: Commission approves award of slots at Paris-Orly airport to Vueling in context of Air France’s recapitalisation* The European Commission has ranked Vueling first among the air carriers that have applied for the portfolio of up to 18 daily slots at Paris-Orly airport. These will be (...)

The EU Commission conditionally clears pandemic-related package aid to a German airline company (Lufthansa) Free
Giannino SI (Monserrato)
Introduction Applying its Temporary Framework, the European Commission (EC) has conditionally authorized a rescue package granted by German to Lufthansa to cover financial losses resulting from the Covid-19 crisis. Conditions for the approval of tge proposed bail out included, among other (...)

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

Procedures

The Australian Federal Court orders an ice cream manufacturer and distributor to pay $12M in penalties for its anti-competitive conduct in relation to the distribution of ice creams sold in petrol stations and convenience stores (Peters Ice Cream)
Australian Competition and Consumer Commission (Canberra)
Peters Ice Cream to pay $12 million penalty for anti-competitive exclusive dealing* The Federal Court has ordered that Australasian Food Group, trading as Peters Ice Cream, pay a $12 million penalty for anti-competitive conduct in relation to the distribution of ice creams sold in petrol (...)

The US Court of Appeals for the Sixth Circuit questions the implications of "Certificate of Need" laws for market competition (Tiwari / Friedlander)
Sheppard Mullin (Century City)
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Sheppard Mullin (Washington)
Sixth Circuit Questions Efficacy of State “Certificate of Need” Laws, Question Whether Reduces Competition The Sixth Circuit Court of Appeal recently voiced skepticism of Kentucky’s Certificate of Need (“CON”) laws while simultaneously ruling that they met the Fourteenth Amendment’s “rational (...)

The UK Competition Appeal Tribunal grants its first collective proceedings order in a class action (Merricks / Mastercard)
Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (London)
After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2 million consumers, but Mastercard successfully persuaded the CAT to narrow (...)

The UK Competition Appeal Tribunal approves the first application for a collective proceedings order under the competition class action regime (Merricks / Mastercard)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 18 August 2021 the Competition Appeal Tribunal (CAT) approved the first application for a collective proceedings order (CPO) under the UK’s competition class action regime introduced in 2015, in Walter Hugh Merricks CBE v Mastercard Incorporated and Others. The application was initially (...)

The Brussels Court of Appeal suspends a Competition Authority’s decision that found an infringement and accepted commitments (Caudalie)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 30 June 2021, the Markets Court (Marktenhof / Cour des marchés) of the Court of Appeal of Brussels (Hof van Beroep te Brussel / Cour d’appel de Bruxelles) suspended commitments made binding by the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence (...)

The US Supreme Court unanimously holds that FTC Act Section 13(b) does not authorize equitable monetary relief (AMG Capital Management)
Baker Botts (New York)
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Baker Botts (Washington)
This morning, the Supreme Court issued a unanimous ruling in AMG Capital Management, LLC v. FTC, finding that Section 13(b) of the FTC Act does not authorize the Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. 539 U.S. ___ (2021), Slip Op. (...)

The US Supreme Court rules that the FTC does not have authority under Section 13(b) of the FTC Act to seek disgorgement or restitution from defendants (AMG Capital Management)
Dechert (Washington)
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Dechert (Washington)
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Dechert (Philadelphia)
The Supreme Court has ruled that the Federal Trade Commission (FTC) does not have authority under Section 13(b) of the FTC Act to seek disgorgement or restitution from defendants. The agency has increasingly relied on this authority to seek monetary penalties from defendants in antitrust cases, (...)

The US Supreme Court holds that Section 13(b) of the FTC Act does not authorize the Federal Trade Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement (AMG Capital Management)
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
On April 22, 2021, the Supreme Court unanimously held that section 13(b) of the Federal Trade Commission Act - which authorizes “a permanent injunction”- does not authorize the Federal Trade Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. (...)

The US Supreme Court blocks the FTC from obtaining monetary remedies in most antitrust and consumer protection cases (AMG Capital Management)
Jones Day (Miami)
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Jones Day (Washington)
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Jones Day (Washington)
The Supreme Court ruled unanimously in AMG Capital Management v. FTC that Federal Trade Commission Act ("FTCA") Section 13(b) does not authorize the FTC to obtain monetary remedies such as restitution or disgorgement. The Court’s decision is a significant setback for the FTC, particularly in (...)

The US Supreme Court holds that the FTC lacks the authority to seek equitable monetary relief in cases brought in federal court under FTC Act Section 13(b) (AMG Capital Management)
Morgan Lewis (Philadelphia)
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Morgan, Lewis & Bockius (Washington)
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Morgan Lewis (Boston)
In a unanimous 9-0 decision authored by Justice Breyer, the US Supreme Court has held that the Federal Trade Commission (FTC) lacks the authority to seek equitable monetary relief in cases brought in federal court under FTC Act Section 13(b). The Court’s April 22, 2021, decision in AMG Capital (...)

The US Supreme Court decides that the FTC is not authorized to seek monetary relief from defendants in federal court, in consumer fraud and antitrust cases (AMG Capital Management)
Reed Smith (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
Last week, the U.S. Supreme Court decided unanimously in AMG Capital Management, LLC v. FTC that Section 13(b) of the Federal Trade Commission Act of 1914 (FTC Act) does not authorize the Federal Trade Commission (FTC) to seek monetary relief from defendants in federal court. We had anticipated (...)

The Turkish Competition Authority rejects an application concerning the commitment procedure for the first time
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
On 28.08.2020, The Turkish Competition Authority (“TCA”) rejected an application with respect to the newly introduced commitment procedure for the first time via its decision numbered 20-36/485-212. (“Rejection Decision”). This decision is of particular importance since it sets out details about (...)

The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on leniency and commitments
Jones Day (Shanghai)
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Jones Day (Beijing)
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Jones Day (Beijing)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (“SAMR”) released four sets of long-awaited anti-monopoly guidelines. This White (...)

The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on leniency and commitments
Jones Day (Shanghai)
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Jones Day (Beijing)
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Jones Day (Beijing)
The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (“SAMR”) released four sets of long-awaited anti-monopoly guidelines. This White Paper addresses the Guidelines on Application of Leniency Program in Horizontal Monopoly Agreement Cases and the Guidelines on (...)

The Turkish Competition Authority introduces an up-to-date settlement mechanism
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(1) Introduction Law No. 4054 on the Protection of Competition (“Competition Law”) has recently gone through the most comprehensive set of amendments since its initial adoption back in 1994. Law No. 7246 on Amendments to the Law on Protection of Competition (“Amendment Law”), which entered into (...)

The Turkish Parliament approves amendments to the national competition law which introduces mechanisms for the selection of cases for the Authority to focus on, a substantive test for merger control, behavioral and structural remedies for anti-competitive conduct and procedural tools
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
After rounds of revisions and failed attempts of enactment over a span of several years, the proposal for an amendment to the Law No. 4054 on Protection of Competition (“Law no. 4054”) (“Amendment Proposal”) has finally been approved by the Turkish parliament, namely the Grand National Assembly of (...)

The EU Commission consults on a new competition tool and signals a road towards a more proactive approach to enforcement
Hausfeld (Amsterdam)
Introduction Competition law is one of the cornerstones of the European internal market. Two of the main articles for European Competition Law are 101 TFEU and 102 TFEU, which respectively contain the prohibition on agreements and concerted practices restricting competition (Article 101), and (...)

The EU Commission launches consultations on ex-ante competition enforcement in platform-based and other industries
Baker Botts (Washington)
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Baker Botts (Brussels)
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Baker Botts (Brussels)
Recently, the European Commission (“EC”) launched two major public consultations for new legislative tools intended to step up antitrust enforcement in digital and other markets. One consultation relates to a new competition enforcement tool that would allow the EC to pro-actively intervene in (...)

The EU Commission proposes a new competition toolbox targeting structural risks to competition and markets characterised by a structural lack of competition
Court of First Instance of Namur (Namur)
In the context of the intense debate about the role of competition policy in an increasingly digital and globalised economy, the European Commission (the “Commission”) has concluded that ensuring the fair functioning of markets may require a more holistic and comprehensive toolbox than that (...)

The Hungarian Competition Authority publishes updates to the collection of its important decisions relating to the Competition Act and to the Consumer Protection Act
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (“GVH”) has published updates to the collection of its important decisions relating to the Competition Act (the “Competition Act Collection”) and to the Consumer Protection Act (the “Consumer Protection Collection”), respectively, covering cases closed by the GVH (...)

The US DoJ files a motion clarifying certain provisions and extends the consent decree due to violations of the final judgement in the entertainment sector (Ticketmaster)
Wolters Kluwer (Riverwoods)
US MOVES TO MODIFY, EXTEND ANTITRUST CONSENT DECREE WITH LIVE NATION / TICKETMASTER* Consent decree reform has been a hallmark of the Makan Delrahim Antitrust Division. For two years, the head of the Department of Justice Antitrust Division has undertaken efforts to terminate legacy consent (...)

The US Court of Appeals for the Seventh Circuit denies the FTC’s authority to seek restitution (Credit Bureau)
Jones Day (Washington)
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Jones Day (Chicago)
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Jones Day (Chicago)
In Short The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute, which permits the FTC to obtain injunctions, does not explicitly (...)

The US Court of Appeals for the Seventh Circuit clarifies the means by which the FTC can exercice its enforcement authority without being able to seek any restitution thereafter (Credit Bureau)
Morgan Lewis (Boston)
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Morgan Lewis (Philadelphia)
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Morgan Lewis (Boston)
Background In the Credit Bureau Center case, the FTC sued a company and its owner for advertising “free” credit reports without adequately disclosing that consumers would be enrolled in an expensive credit monitoring service on an ongoing basis. The FTC brought its lawsuit under Section 13(b), (...)

The Indonesian Competition Authority publishes its regulation in the procedure for cases of monopolistic practices and unfair competition
Baker McKenzie (Jakarta)
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Baker McKenzie (Jakarta)
In mid-April 2019 the Business Competition Supervisory Commission (Indonesian acronym: KPPU) published its Regulation No.1 of 2019 on the Procedure for Cases of Monopolistic Practices and Unfair Competition (Regulation No.1 of 2019), replacing KPPU Regulation No. 1 of 2010 of the same name. (...)

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 Advocates (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 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 OECD holds a roundtable on competition and sanctions in antitrust cases
OECD - Competition Division (Paris)
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 Ukrainian Competition Authority adopts recommendations for a new approach to calculating fines for competition law infringements
Arzinger (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 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 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 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 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)
Conzen O’Connor (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 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. (...)

Regulatory

The Australian Competition Authority accepts a telecom’s court-enforceable undertaking to halt a spectrum registration practice which interfered with a rival’s rollout of 5G network (Telstra)
Australian Competition and Consumer Commission (Canberra)
Telstra undertakes to address 5G competition concerns* The ACCC has accepted a court-enforceable undertaking from Telstra to address competition concerns about Telstra’s registration of radiocommunications sites in low band spectrum that interfered with Optus’ plans to roll out its 5G network (...)

The Dutch Competition Authority accepts the commitments made by a telecom operator and a fiber-optic company to lower tariffs for competitors to access their networks (KPN / Glaspoort)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM anticipates savings for Dutch households of up to 200 million euros per year because of fiber-optic arrangements* The Netherlands Authority for Consumers and Markets (ACM) has published a draft decision following recent proposals from Dutch telecom operator KPN and fiber-optic company (...)

The US DoJ, PTO, and NIST publish a joint statement on future approach to standard essential patents and FRAND commitments
International Center for Law & Economics (Portland)
Unpacking the Flawed 2021 Draft USPTO, NIST, & DOJ Policy Statement on Standard-Essential Patents (SEPs)* Responding to a new draft policy statement from the U.S. Patent & Trademark Office (USPTO), the National Institute of Standards and Technology (NIST), and the U.S. Department of (...)

The UK Competition Authority invites views on commitments proposed by major national chargepoint operator to pave the way for opening up competition in charging of the electric vehicles sector (Gridserve / Electric Highway)
United Kingdom’s Competition Authority (CMA) (London)
CMA to open up electric vehicle charging competition on motorways* CMA action is paving the way for greater investment, greater choice, and competition on prices for electric vehicle drivers, by opening up competition in the charging sector. CMA Chief Executive says “Healthy competition is key (...)

The EU Commission aims to introduce "traffic lights" for the digital sector by publishing new rules
Loyens & Loeff (Amsterdam)
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Loyens & Loeff (Amsterdam)
Commission aims to introduce ‘traffic lights’ for the digital sector – Detailed regulation for the digital sector instead of genuine ex ante enforcement* “I’ve been wondering how to give a metaphor because these are two quite complex proposals. And the best thing I came to think of was the (...)

The EU Commission issues the proposed Digital Markets Act aimed to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as “gatekeepers” should abide by
Keystone Strategy (London)
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Yale University - School of Management (New Haven)
The European Commission Digital Markets Act: A translation* The European Commission has finally issued the proposed Digital Markets Act, its bid to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as (...)

The EU Commission publishes legislative proposals for the Digital Markets Act and the Digital Services Act to regulate conducts in the digital sector including the power to impose fines
Zepos & Yannopoulos (Athens)
On 15 December, the European Commission (“Commission”) published its legislative proposals for the Digital Markets Act (“DMA”) and the Digital Services Act (“DSA”). The proposals introduce new ex ante obligations for a wide range of firms active in the digital sphere, as well as significant new (...)

The EU Commission publishes proposed rules for the regulation of digital services by imposing a series of ex-ante behavioral obligations on entities that are considered ‘gatekeepers’
Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
The European Commission has today published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’. The obligations for those designated platforms and the potential (...)

The EU Commission works on legislative proposals that would empower it to tackle competition distortions involving foreign government subsidies operating in or entering into the EU’s internal market
Morgan, Lewis, & Bockius (Brussels)
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Morgan, Lewis, & Bockius (Brussels)
The European Commission (EC) is currently working on legislative proposals (the White Paper) that would grant the EC new enforcement powers to address potential competition distortions caused by companies operating in or entering into the EU’s Internal Market, which benefit from subsidies from (...)

The EU Commission adopts a White Paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU
Dechert (Brussels)
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Dechert (Brussels)
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Dechert (Brussels)
Background On 17 June 2020, the European Commission (Commission) adopted a White Paper which contains far-reaching proposals for new enforcement powers against companies benefitting from subsidies granted by non-EU countries. While there are already well-developed systems of anti-trust/merger (...)

The Indian Ministry of Corporate Affairs notifies the draft Competition Bill 2020 which reflects the recommendations made by the Competition Law Review Committee
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
Last week, the Ministry of Corporate Affairs (MCA) notified the Draft Competition (Amendment) Bill 2020 (Draft Bill). The proposed changes reflect recommendations made by the Competition Law Review Committee (CLRC) in July 2019. Public comments may be made until 6 March 2020. The 49 page Draft (...)

The French Competition Authority publishes a new study on behavioural remedies in competition law
Court of First Instance of Namur (Namur)
On 17 January 2019, the French Competition Authority (“FCA”) published a new study on behavioural remedies in competition law. The study is available on the FCA’s web- site in both French and English. The assessment was carried out by comparing behavioural commitments to structural commitments (...)

The French Competition Authority issues a study on behavioural remedies in competition law
French Competition Authority (Paris)
The Autorité de la concurrence publishes a new study on Behavioural remedies in competition law* In 2018, together with La Documentation française, the Autorité created a new collection, Les Essentiels, to further understanding of competition. After an initial study on loyalty rebates (2018), it (...)

The US DoJ and PTO issue a policy statement on standard-essential patents subject to a commitment to license on FRAND terms
Orrick, Herrington & Sutcliffe (Washington DC)
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Orrick, Herrington & Sutcliffe (Washington DC)
After withdrawing support from a 2013 policy statement on appropriate remedies for standard-essential patents subject to a commitment to license on fair, reasonable and nondiscriminatory terms, the U.S. Department of Justice’s Antitrust Division and the U.S. Patent and Trademark Office, along (...)

The US Assistant Attorney General Delrahim announces changes to the Justice Manual designed to incentivise antitrust compliance programs
Baker Botts (Washington)
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Baker Botts (Washington)
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Baker Botts (Washington)
On July 11, 2019, Assistant Attorney General Makan Delrahim announced changes to the Justice Manual designed to incentivize the implementation and use of antitrust compliance programs. Chief among these changes is a reversal of the Antitrust Division’s longstanding policy of refusing to (...)

The OECD holds a roundtable on the licensing of IP rights and competition law
OECD - Competition Division (Paris)
IP rights, which create temporary exclusive rights that protect investments in research and some creative activities, have taken on an increasingly prominent and extensive role in economic activity – and in market competition as well. As the economy digitalises and the importance of intangible (...)

The Japan Anti-Monopoly Act grants new powers to the Japanese Fair Trade Commission when accepting voluntary commitments from companies suspected of having infringed the Act
Freshfields Bruckhaus Deringer (Tokyo)
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Freshfields Bruckhaus Deringer (Tokyo)
Recent amendments to Japan’s Anti-Monopoly Act (AMA) that came into effect on 1 January 2019 give the country’s competition regulator, the Japan Fair Trade Commission (JFTC), powers to accept voluntary commitments from companies suspected of having infringed the AMA. This will allow the JFTC to (...)

The UK Competition Authority releases a market study in which it proposes reforms to improve competition in the audit sector
United Kingdom’s 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 Hungarian Competition Authority closes an investigation into a Big Tech company’s ad personalization and chat data processing subject to commitments (Google / Allo)
Hungarian Competition Authority (Budapest)
Competition Proceeding against Google is closed with Commitment Decision* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) investigated the communications practices of Google LLC (Google) in relation to its ‘Internet and applications’ services ‘personalisation of (...)

The UK Competition Authority issues its final report on private healthcare
United Kingdom’s 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 OECD holds a roundtable on competition issues in liner shipping
OECD - Competition Division (Paris)
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 Hellenic Competition Authority accepts the modifications of commitments concerning the supply of natural gas through electronic auctions (DEPA)
Hellenic Competition Commission (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 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 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 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 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 (ACM) (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 (...)

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. (...)

Anticompetitive practices

The Australian Competition Authority receives court-enforceable remedies from a turf breeder to address concerted practices concerns (Lawn Solutions Australia Group)
Australian Competition and Consumer Commission (Canberra)
Turf breeder to address concerted practices concerns* Turf breeder Lawn Solutions Australia Group Pty Ltd (LSA) has provided a court-enforceable undertaking to address ACCC concerns that LSA may have engaged in a concerted practice by communicating with turf growers and resellers about the (...)

The Australian Competition Authority seeks submissions on a draft determination proposing to deny authorisation to an extension of a Charter Alliance Agreement between two airlines (Virgin Australia / Alliance Airlines)
Australian Competition and Consumer Commission (Canberra)
ACCC to consult further on proposed extension of Virgin Australia and Alliance Airlines charter alliance agreement* The ACCC is seeking submissions on a draft determination issued today proposing to deny authorisation to an extension of a Charter Alliance Agreement between Virgin Australia (...)

The Bulgarian Competition Authority approves proposed commitments to remedy a refusal to supply by a camera manufacturer and its national distributor (Nikon / Profield)
Bulgarian Commission for the Protection of Competition (Sofia)
The Commission for Protection of Competition approved the proposed commitments by Nikon Europe B.V. and Profield Ltd.* By Decision No. 699/29.09.2022 delivered under case No. КЗК-69/2018, the Commission for Protection of Competition approved the proposals for commitments by Nikon Europe B.V. and (...)

The Hellenic Competition Authority withdraws competition commitments imposed on a retail super market chain following request for exemption (Masoutis)
Hellenic Competition Commission (Athens)
Press Release - Decision on the request of the company MASOUTIS for exemption from a commitment* Subject: Decision on the request of the company "DIAMANTIS MASOUTIS ANONYMI ETERIA - SUPERMARKET", for exemption from the commitment to sell the store, in the "Anemomyloi" area of ​​Chora of Andros (...)

The Belgian Competition Authority imposes interim measures to remedy the disregard of competition rules applicable to the development of a standard for Cloud applications
Belgian Competition Authority (Brussels)
The Belgian Competition Authority imposes interim measures to remedy the disregard of the competition rules applicable to the development of a standard for Cloud applications* The College of the Belgian Competition Authority has decided on 20 September 2022 that it is prima facie not (...)

The Mexican Competition fines two producers of Oxygen, Nitrogen and Argon for non-compliance with commitments to restore competition (Infra / Cryoinfra)
Mexican Competition Authority (Mexico City)
Cofece fines Infra and Cryoinfra for not complying with commitments undertaken to restore competition in the oxygen, nitrogen and argon markets* In 2018, during the trial-like procedure for possible relative monopolistic practices, both economic agents presented commitments, which were accepted (...)

The Hong Kong Competition Authority consults on proposal to accept commitments offered by seven car distributors
Hong Kong Competition Commission (Hong Kong)
Competition Commission consults on proposal to accept commitments offered by seven car distributors* The Competition Commission (“Commission”) today commenced a consultation on its proposal under section 60 of the Competition Ordinance (“Ordinance”) to accept legally-binding commitments offered to (...)

The EU Commission accepts commitments from three mobile phone operators on Czech network sharing (T-Mobile / CETIN / O2)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments from T-Mobile CZ, CETIN and O2 CZ on Czech network sharing* The European Commission has made commitments offered by T-Mobile CZ, CETIN and O2 CZ, as well as their parent companies Deutsche Telekom and PPF Group, legally binding under EU antitrust (...)

The Japanese FTC investigates hotel reservations company for restriction of competition (Bookings.com)
Japan Fair Trade Commission (Tokyo)
Approval of the Commitment Plan submitted by Booking.com B.V.* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Booking.com B.V. in accordance with the provisions of the Antimonopoly Act (hereinafter referred to simply as the “Act”), and suspected that the (...)

The UK Competition Authority investigates Big Tech companies over advertising tech concerns (Google / Meta)
United Kingdom’s Competition Authority (CMA) (London)
CMA investigates Google and Meta over ad tech concerns* The CMA is taking a closer look at Google and Meta’s conduct over concerns that they hampered competition in markets for online display advertising services. CMA and European Commission launch parallel probes into Google and Meta’s “Jedi (...)

The UK Competition Authority publishes an open letter to electric chargepoint operators and motorway service area operators following its investigation into suspected breaches of competition law about long-term exclusive arrangements
United Kingdom’s Competition Authority (CMA) (London)
CMA open letter to motorway service area operators and electric vehicle chargepoint operators* The Competition and Markets Authority (CMA) has published an open letter to electric vehicle chargepoint operators and motorway service area operators following its investigation into suspected (...)

The UK Competition Authority unlocks electric vehicle charging competition for motorway drivers (Gridserve / Electric Highway)
United Kingdom’s Competition Authority (CMA) (London)
CMA unlocks electric vehicle charging competition for motorway drivers* The CMA has secured commitments from Gridserve which will unlock competition and increase choice of electric vehicle chargepoints on motorways for drivers. Following the launch of its investigation in July 2021, the (...)

The EU Commission seeks feedback on commitments offered by an Irish insurers’ association concerning access to its data sharing platform (Insurance Ireland)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Insurance Ireland concerning access to its data sharing platform* The European Commission invites comments on commitments offered by Insurance Ireland, an association of Irish insurers, to address competition concerns regarding (...)

The US FTC issues a statement made by Chair Lina M. Khan following the imposition of a lifetime ban against a pharmaceutical executive (Martin Shkreli)
US Federal Trade Commission (FTC) (Washington)
Statement of Chair Lina M. Khan on the Ruling by Judge Denise L. Cote Federal Trade Commission et al v. Vyera Pharmaceuticals, LLC et al* Today, U.S. District Court Judge Denise Cote held “Pharma Bro” Martin Shkreli liable for antitrust claims brought by the Federal Trade Commission and a group (...)

The US District Court for the Southern District of New York imposes a lifetime ban against a pharmaceutical executive and requires $65M payment for antitrust violation (Martin Shkreli)
Rutgers University (Camden)
On January 14, 2022, the U.S. District Court for the Southern District of New York imposed a lifetime ban on “Pharma Bro” Martin Shkreli, perhaps the most notorious “bad actor” in the pharmaceutical industry, and required that he pay $65 million in excess profits he obtained from anticompetitive (...)

The Italian Competition Authority imposes fines totaling €10M on four e-commerce businesses for implementing unfair commercial practices during the COVID-19 outbreak (Unieuro / Mediaworld / Leroy Merlin / Monclick) Free
Italian Competition Authority (Rome)
ICA: total fines of more than 10 million Euro imposed on Unieuro, Mediaworld, Leroy Merlin and Monclick* The four companies implemented unfair commercial practices in their e-commerce businesses The Italian Competition Authority has closed three proceedings initiated against Unieuro S.p.A. (...)

The Polish Competition Authority orders a fitness firm to introduce measures to increase competition in the sport and recreation package market (Benefit Systems)
Polish Competition Authority (Warsaw)
DECISION OF THE PRESIDENT OF UOKIK – OBLIGATION OF BENEFIT SYSTEMS* President of UOKiK Tomasz Chróstny obliged Benefit Systems, the operator of Multisport cards, to introduce measures to increase the level of competition in the fitness industry. The Company is expected to take steps to foster (...)

The Italian Competition Authority closes with a commitment decision an investigation into a resale price maintenance arrangement affecting the market for nutritional supplements (Sofar / Fornitura Integratori Alimentari)
Giannino SI (Monserrato)
By its decision recently rendered in the Sofar/Fornitura Integratori Alimentari case the Italian Competition Authority (ICA) considered the lawfulness of the conducts of a supplier imposing minimum resale prices for the probiotic nutritional supplements. Pursuant to Article 14-ter of the (...)

The Spanish Competition Authority closes an investigation against a financial services company after it allegedly denied a competitor access to its ATM network, in contrast to the access granted to other entities (Euro 6000)
Callol, Coca & Asociados (Madrid)
The CNMC has ended proceedings for breach of Article 101 TFEU and 1 LDC against EURO 6000 on 2 November. The proceedings were opened on February 2020 because of the concern that EURO 6000 (comprising several banks) may have denied ING access to its ATM network, in contrast to the access granted (...)

The Spanish Competition Authority concludes its disciplinary proceedings against a company’s ATM network, and imposes on all its member entities several binding commitments and 3-year monitoring (Euro 6000)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC concludes its disciplinary proceedings against EURO 6000* The CNMC investigated Euro 6000 over its alleged strategy of denying ING access to its ATM network under the same terms and conditions as other entities. The case was concluded through a “commitment decision”, a formula that (...)

The EU Commission seeks feedback on commitments offered by telecommunication companies concerning their network sharing agreements (T-Mobile CZ / CETIN / O2 CZ)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by T-Mobile CZ, CETIN, and O2 CZ concerning the Czech telecommunications market* The European Commission invites comments on commitments offered by T-Mobile CZ, CETIN, O2 CZ, and their respective parent companies, Deutsche Telekom and (...)

The Spanish Competition Authority concludes the infringement proceedings against the main “majors” in film distribution and an audience measurement company for the exchange of commercially sensitive information (Paramount / Sony Pictures / Columbia Pictures / Walt Disney)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC concludes the infringement proceedings against the main “majors” in film distribution and an audience measurement company* The companies under investigation have submitted a series of commitments that they are obliged to fulfill for five years. This formula, known as “termination by (...)

The New Zealand High Court imposes a $150K penalty over cartel conduct for taxi pick-up trips from Wellington Airport (Hutt / City Taxis)
New Zealand Commerce Commission (Wellington)
Penalty imposed for taxi cartel conduct* The High Court has ordered Hutt and City Taxis Limited (Hutt & City) to pay a penalty of $150,000 in relation to fixing the prices of taxi fares. Statement of Preliminary Issues released on EROAD/Coretex clearance application The Commission filed (...)

The Spanish Competition Authority resolves its penalty proceedings against an industrial equipment supplier for potential restrictions on passive sales and retail-price maintenance agreements (Maquinaria Garrido)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC resolves its penalty proceedings against Maquinaria Garrido S.L. through traditional enforcement* With this type of remedy, the alleged offender offers certain binding conditions which, if accepted by the Commission, enables it to avoid paying a fine. The CNMC investigates the terms (...)

The Australian Competition Authority accepts a court-enforceable undertaking after a bathroom ware supplier admits to likely resale price maintenance (Nero Bathrooms)
Ashurst (Sydney)
Nero Bathrooms International Pty Ltd (trading as Nero Tapware) ("Nero"), a national supplier of bathroom-ware products, admitted it likely engaged in resale price maintenance by withholding supply of its products from a retailer when that retailer refused to raise its advertised prices. Key (...)

The Australian Government releases an exposure draft detailing a range of proposed reforms to the unfair contract terms regime
Baker McKenzie (Sydney)
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Baker McKenzie (Sydney)
Unfair contract terms set to become illegal and subject to penalties The Australian Government treasury released an exposure draft on 23 August 2021 detailing a range of proposed reforms to the unfair contract terms ("UCT") regime, including pecuniary penalties on companies and individuals. If (...)

The New Zealand Competition Authority reaches a preliminary view that it should allow a global information technology company to engage in resale price maintenance in relation to its proposed online stores and marketplaces (HP)
New Zealand Commerce Commission (Wellington)
Commerce Commission issues draft determination on HP New Zealand’s application to engage in resale price maintenance* The Commerce Commission has reached a preliminary view that it should allow HP New Zealand Limited (HP) to engage in resale price maintenance (RPM) in relation to its proposed (...)

The US FTC announces that a real estate appraisers board agreed to settle charges stating that it fixed prices for appraisal services in Louisiana (Louisiana Real Estate Appraisers Board)
US Federal Trade Commission (FTC) (Washington)
Louisiana Real Estate Appraisers Board Agrees to Settle FTC Charges that It Fixed Prices for Appraisal Services in Louisiana* The Louisiana Real Estate Appraisers Board has agreed to stop fixing compensation levels for residential real estate appraisal services in Louisiana as part of a (...)

The Czech Competition Authority applies an alternative solution to the potential competition issue related to vertical resale price agreements and customer restriction agreements
Bird & Bird (Prague)
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Bird & Bird (Prague)
The Office for the Protection of Competition (Office) recently applied an alternative solution to a potential competition issue related to vertical resale price agreements and customer restriction agreements. Although the Office discovered the existence of the agreements, it did not initiate (...)

The Belgian Competition Authority closes investigation against two grocery stores’ purchasing agreement after receiving their commitments (Carrefour / Provera)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the Belgian Competition Authority has closed an investigation against the purchasing alliance between Carrefour and Provera after receiving commitments* In May 2019, the Prosecutor-general of the Belgian Competition Authority (BCA) opened an (...)

The Irish Competition Authority seeks a High Court order on its proposed agreement with a national furniture retailer to avoid engaging in resale price maintenance (Coach House)
Irish Competition Authority (Dublin)
CCPC seeks High Court order on Coach House agreement* In April 2019, the Competition and Consumer Protection Commission (CCPC) opened an investigation into suspected anti-competitive practices by Chairs Limited, which trades under the name “Coach House” in the Republic of Ireland. Coach House is (...)

The German Competition Authority ensures equal opportunities for online sales regarding a national equipment manufacturer’s distribution model (Liebherr)
German Competition Authority (Bonn)
Bundeskartellamt ensures equal opportunities for online sales in the new Liebherr distribution model* After an intervention by the Bundeskartellamt, Liebherr-Hausgeräte Vertriebs- und Service GmbH has agreed not to use certain clauses in its sales conditions which in the authority’s preliminary (...)

The German Competition Authority terminates proceedings against a household appliances producer in response to complaints about a rebate scheme (Liebherr)
Van Bael & Bellis (Brussels)
According to a press release of the German Federal Cartel Office (“FCO”) dated 12 April 2021, the FCO terminated proceedings against household appliances producer Liebherr after Liebherr agreed to change its sales conditions. The FCO had initiated proceedings in response to complaints about a new (...)

The Australian Competition Authority accepts a court-enforceable undertaking from a credit card company after it addressed competition concerns (Visa)
Australian Competition and Consumer Commission (Canberra)
Visa undertakes to address competition concerns over debit card payments* The ACCC has accepted a court-enforceable undertaking from Visa AP (Australia) Pty Ltd and Visa Worldwide Pte Limited (together, Visa) in relation to concerns that Visa may have limited competition in relation to debit (...)

The Hong Kong Competition Authority issues infringement notices to six hotel groups and a tour operator for facilitating cartel conduct (Gray Line / Tink Labs)
Ashurst (Singapore)
On 26 January 2021, Hong Kong’s Competition Commission (HKCC) issued infringement notices to six hotel groups and a tour operator for facilitating a cartel arrangement between two competing travel service providers, which fixed the prices of tourist attractions and transportation tickets in Hong (...)

The French Competition Authority accepts a price discount system for commitments intended to protect pure players (Lego)
European Commission - DG COMP (Brussels)
On 27 January 2021, the French Competition Authority (“FCA”) accepted the commitments offered by Lego France (“Lego”) after an investigation into the alleged bias towards brick-and-mortar stores resulting from Lego’s functional discount scheme. In order to resolve the case, the toy manufacturer (...)

The French Competition Authority accepts a building games company’s commitments to correct price discrimination against online retailers (Lego)
University Paris Saclay
While the rules on price discrimination lack clarity, the French competition Authority has missed the opportunity to do its part. In order to compensate for the price increase of its products, the Lego France company created a discount scheme for the benefit of its resellers. The discount (...)

The French Competition Authority approves a building games company’s price discount system subject to conditions (Lego)
French Competition Authority (Paris)
Lego makes commitments to the Autorité de la concurrence to amend its price discount system* Following an open procedure before the Autorité de la concurrence, the building games company Lego France, a subsidiary of Lego Group, enters into commitments designed to facilitate access for all of its (...)

The Romanian Competition Authority fines a national association and 16 financial companies €8.47 million for exchanging information (Association of Romanian Financial Companies)
Romanian Competition Council (Bucharest)
The Competition Council has fined the Romanian Association of Financial Companies and 16 financial companies euro 8.47 million* The Competition Council has fined the Association of Romanian Financial Companies (hereinafter ALB) and 16 member companies lei 41,251,774 (approx. Euro 8.47 million) (...)

The French Competition Authority receives a request by the national railway company to revise the commitments made in 2014 regarding the sale of train tickets (SNCF)
French Competition Authority (Paris)
SNCF has requested the revision of commitments made in 2014 regarding the sale of train tickets* SNCF, which undertook commitments before the Autorité de la concurrence in 2014 concerning the terms of train ticket sales online, is now requesting for them to be revised, arguing that the (...)

The French Competition Authority makes binding the commitments made by two supermarket chains for their cooperation on purchasing own-brand label goods (Carrefour / Tesco)
French Competition Authority (Paris)
The Autorité issues a new decision concerning purchasing offices and makes the commitments made by Carrefour and Tesco binding* The retailers commit to reducing the scope of their joint purchases for their own-brand labels and take measures to ensure that SMEs have access to tenders for the (...)

The EU Court of Justice sets aside a judgment of the General Court upholding a decision of the Commission to make binding commitments offered by an American film studio on cross-border pay-TV services (Paramount)
Ashurst (London)
On 9 December 2020, the European Court of Justice ("ECJ") set aside a judgment of the General Court upholding a 2016 decision by the European Commission ("Commission") to make binding commitments offered by Paramount on cross-border pay-TV services. This is the first time that a commitment (...)

The EU Court of Justice overturns a decision and declares a settlement between a company in the pay-TV service and the Commission null and void (Paramount / Sky / Groupe Canal+)
Hogan Lovells (Dusseldorf)
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Hogan Lovells (Dusseldorf)
Settlements are a frequently used means of efficiently terminating proceedings, not only in cartel cases but also in other antitrust proceedings. The EU Commission can avoid having to spend resources on a time-consuming investigation and there are advantages for the companies concerned as well: (...)

The EU Court of Justice annuls the Commission’s settlement decision for its failure to consider adverse effects on third party interests (Paramount / Sky / Groupe Canal+)
European Commission - DG COMP (Brussels)
On 9 December 2020, the European Court of Justice (“ECJ”) upheld Canal +’s appeal against the General Court’s (“GC”) judgment that had upheld the Commission’s commitments decision in the Paramount case, and annulled the GC’s judgment as well as the Commission decision (Case C-132/19 P). The ECJ, (...)

The EU Court of Justice annuls a Commission decision allowing a TV company to preserve competition on the markets of pay-TV services (Paramount / Sky / Groupe Canal+)
European Court of Justice (Luxembourg)
The Court of Justice annuls a Commission decision making binding the commitments offered by a company in order to preserve competition on the markets* The fact that it is possible, for the contracting partners of a company which has made commitments not to comply with certain contractual (...)

The EU Court of Justice annuls the Commission’s decision on a pay-TV service company’s commitments for breaching the principle of proportionality (Paramount / Sky / Groupe Canal +)
Cleary Gottlieb Steen & Hamilton (London)
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Greenomy (Brussels)
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Cleary Gottlieb Steen & Hamilton
On December 9, 2020, the Court of Justice of the European Union granted Canal+’s application to annul the European Commission’s decision under Article 9 of Regulation No. 1/2003 to adopt commitments offered by Paramount (the “Commitments Decision”). The commitments prohibited Paramount from (...)

The EU Court of Justice annuls a Commission’s decision accepting legally binding commitments offered by a company aimed at addressing an investigation into cross-border pay-TV in the EU (Paramount / Sky / Groupe Canal +)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
On 9 December 2020, the Court of Justice of the EU (“CJEU”) annulled a European Commission decision accepting legally binding commitments offered by Paramount aimed at addressing a Commission investigation into cross-border pay-TV in the EU (the “Paramount Commitment Decision”). The CJEU also set (...)

The EU Court of Justice annuls the Commission’s decision that made commitments legally binding for companies in the pay-TV services sector (Paramount / Sky / Canal+)
University of Vienna (Vienna)
Canal+ (C-132/19 P): The Court of Justice Annuls Commitment Decision – The Importance of Third Party Contractual Rights* Today, the Court of Justice annulled the Commission decision that made commitments legally binding for Paramount. This decision is the first annulment of a commitment (...)

The Croatian Competition Authority accepts commitments offered by national insurance company (Croatia osiguranje)
Croatian Competition Agency (Zagreb)
CCA accepts commitments offered by croatia osiguranje* The Croatian Competition Agency (CCA) closed the infringement proceeding against the undertaking Croatia osiguranje d.d. that was opened ex-officio regarding the commercial lease agreement that Croatia osiguranje concluded as a lessee, (...)

The Hong Kong Competition Authority welcomes the Competition Tribunal’s judgment against an IT cartel for price-fixing in the first case where the liability and relief portions of the proceedings have been resolved by settlement (Quantr / Cheung Man Kit / Nintex)
Hong Kong Competition Commission (Hong Kong)
Competition Commission welcomes judgment in IT cartel conduct case* The Competition Commission (Commission) welcomes the judgment handed down by the Competition Tribunal (Tribunal) today (3 November) in proceedings involving the exchange of competitively sensitive information in the IT sector. (...)

The French Competition Authority accepts commitments offered by food retailers to amend the existing cooperation agreements (Casino / Auchan / Metro / Schiever)
BCTG Avocats (Paris)
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BCTG Avocats (Paris)
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BCTG Avocats (Paris)
First use by the French Competition Authority of the tools introduced by the Macron and Egalim laws to render legally binding commitments offered by four large food retailer companies aimed at reducing competition concerns raised by their joint purchasing agreements of retailers’ own-brand (...)

The French Competition Authority accepts commitments proposed by food retailers to amend the existing cooperation agreements on retailers’ own-brand labels (Casino / Auchan / Metro / Schiever)
French Competition Authority (Paris)
Purchasing offices: the Autorité accepts the commitments proposed by Casino, Auchan, Metro and Schiever* Purchasing offices: to address the risks of harm to upstream and downstream competition identified in the process of requesting urgent interim measures, the Autorité accepts the commitments (...)

The Polish Competition Authority obliges an association of marketing agencies to stop affecting its members’ independence in tenders and stop organizing unauthorized exchanges of information (Marketing Communication Association SAR)
Polish Competition Authority (Warsaw)
Marketing Communication Association SAR to change its practices* The Marketing Communication Association SAR affected the independence of its members in tenders and organized unauthorized exchange of information. President of UOKiK Tomasz Chróstny has obliged the Association to change its (...)

The Norwegian Competition Authority closes its investigation against two companies after they agree to stop publishing recommended list prices for retail fuel (Circle K / YX)
Norwegian Competition Authority (Bergen)
Closes investigation against Circle K and YX* The Norwegian Competition Authority has today closed an investigation against Circle K Norge AS and YX Norge AS. The two companies have agreed to end their practice of publishing recommended list prices for retail fuel on their websites. Autumn (...)

The French Competition Authority consults on commitments offered by two supermarket groups on the scope of their cooperation on own-brand labels (Carrefour / Tesco)
French Competition Authority (Paris)
Purchasing offices: Carrefour and Tesco propose commitments* Following its investigation into the joint purchasing agreement signed by Carrefour and Tesco, the Autorité de la concurrence received commitment proposals from the two groups redefining the scope of their cooperation on own-brand (...)

The Hellenic Competition Authority finds two companies guilty of an anticompetitive vertical agreement for prohibiting parallel imports in the market for artificial kidney machines (Gambro Lundia / Medical Products)
Hellenic Competition Commission (Athens)
Decision regarding the complaints of the company SERKO LTD* Subject: Decision of the Hellenic Competition Commission regarding the complaints of the company "SERKO LTD SCIENTIFIC - ELECTRONIC MACHINERY (Imports - Representations - Service)" concerning alleged infringements of articles 1 and 2 (...)

The EU General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by several French undertakings in the distribution sector (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
General Court of the European Union (Luxembourg)
The General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by a number of French undertakings in the distribution sector* The Commission has failed to show that it had sufficiently strong evidence to suspect exchanges of information (...)

The Spanish Competition Authority initiates disciplinary proceedings against a global oil company for possibly violating its obligation not to indirectly set the recommended retail price for independent station owners operating under its flag (Repsol)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC initiates disciplinary proceedings against Repsol for a possible violation of the provisions in the resolutions of 30 July 2009 and 20 December 2013* The CNMC has initiated disciplinary proceedings against REPSOL Comercial de Productos Petrolifos, S.A. (Repsol) for a possible breach (...)

The Irish Competition Authority issues preliminary findings to organisations under investigation in the private motor insurance sector (AIG Europe / Allianz / AXA / Aviva / FBD / Brokers Ireland / AA)
Irish Competition Authority (Dublin)
CCPC issues preliminary findings to organisations under investigation in the private motor insurance sector* The Competition and Consumer Protection Commission (CCPC) has today issued preliminary findings to five insurers, an insurance industry trade association and an insurance broker: AIG (...)

The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Bristows (London)
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Bristows (London)
English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals brought (...)

The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)
Baker Botts (Brussels)
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Baker Botts (Brussels)
The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

The Danish Competition Authority accepts commitments from a digital platform to remove a mandatory minimum hourly fee for regular cleaning services providers on the platform (Hilfr)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
A Danish digital platform facilitating contact between providers of cleaning services and customers, www.hilfr.dk (‘Hilfr’), operated with a minimum hourly fee as a prerequisite for the providers to offer their services on the platform. The providers of cleaning services using Hilfr are divided (...)

The Hellenic Competition Authority imposes a fine of €27,792 on a shipping company for non-compliance with previous commitments (Attica Group)
Hellenic Competition Commission (Athens)
Press Release: Review of compliance of the company “ATTICA GROUP”* Subject: Competition Commission Decision no. 702/2020 concerning the review of compliance of the company “ATTICA GROUP” with the commitments imposed by Decision no. 658/2018 The Competition Commission, as part of an ex officio (...)

The French Competition Authority launches a market consultation to assess the proposal of a company in the toy retail sector to modify its pricing policy (Lego)
French Competition Authority (Paris)
Lego proposes commitments to the Autorité to modify its pricing policy* The Autorité launches a market consultation to assess this proposal. Cdiscount and EMC Distribution (Casino Group’s reference listing offices) lodged a complaint with the Autorité de la concurrence regarding practices (...)

The Israeli Competition Tribunal upholds the Competition Authority’s instruction prohibiting an importer from reporting to a multinational consumer products company on parallel imports of the company’s toothpaste (Schestowitz / Colgate-Palmolive)
Israel Competition Authority (Jerusalem)
The Competition Tribunal has confirmed an instruction of the Director-General, which prohibits Schestowitz from reporting to Colgate-Palmolive on parallel imports of Colgate toothpaste* The Competition Tribunal granted the force of a judgment to a new instruction of the Director-General to (...)

The Lithuanian Competition Authority fines the national transport safety administration for extending contracts with 42 service providers without a competitive procedure (Lithuanian Transport Safety Administration)
Lithuanian Competition Authority (Vilnius)
Contract Extensions With Passenger Road Transport Service Providers Without a Competitive Procedure Restricted Competition* The Lithuanian competition authority Konkurencijos taryba has found that the Lithuanian transport safety administration (LTSA) infringed the Law on Competition when it (...)

The Japanese FTC issues a cease and desist order against 3 distributors of high school uniforms in Toyota City, Aichi Prefecture for engaging in anticompetitive conduct (Gakuseinomise Mikusa Toyotaten / Kondo Yofukuten / Nonoyama Yofuku)
Japan Fair Trade Commission (Tokyo)
JFTC Issued Cease and Desist Orders against Uniform Distributors of Aichi Prefectural High Schools in Toyota City* JFTC today issued cease and desist orders pursuant to the provision of Paragraph 2, Article 7 of the Antimonopoly Act (hereinafter referred to as “AMA”) against the uniform (...)

The Hong Kong Competition Authority accepts voluntary commitments by three major online travel agents (Booking.com / Expedia / Trip.com)
Hong Kong Competition Commission (Hong Kong)
Competition Commission accepts commitments offered by online travel agents* The Competition Commission (Commission) today announced the acceptance of voluntary commitments offered under section 60 of the Competition Ordinance (Ordinance) by three major online travel agents (OTAs), namely (...)

The German Federal Court of Justice upholds the Competition Authority’s decision finding that certain online banking associations infringed competition law by imposing T&C on online payments preventing customers from entering their codes when accessing third party payments (Deutsche Kreditwirtschaft)
Van Bael & Bellis (Brussels)
On 7 April 2020, the German Federal Court of Justice (the “FCJ”) issued its judgment on an appeal against a decision of the Federal Cartel Office (the “FCO”) which had found that a number of German banking associations had infringed competition law in connection with general terms and conditions of (...)

The Hong Kong Competition Authority launches a public consultation on the commitments offered by three online travel agents to remove certain parity clauses in their contracts with accommodation providers (Booking.com / Expedia / Trip.com)
Hogan Lovells (Hong Kong)
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Hogan Lovells (Beijing)
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Hogan Lovells (Hong Kong)
On 31 March 2020 the Hong Kong Competition Commission (HKCC) commenced a public consultation on the commitments offered by three online travel agents (OTAs) to remove certain parity clauses in their existing and future contracts with accommodation providers in Hong Kong. The consultation period (...)

The German Competition Authority approves a joint sale of media rights of individual football matches by a central association (DFL - German Football League)
Bird & Bird (Dusseldorf)
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Bird & Bird (Dusseldorf)
The Federal Cartel Office has approved the German Football League´s (“DFL”) marketing model for the transmission rights of the Bundesliga and Bundesliga 2 matches from the 2021/22 season onwards. DLF´s marketing model is based on the joint sale of media rights of individual football matches. Such (...)

The Spanish Competition Authority ends an infringement proceeding by adopting a commitment decision following a sports brand’s alleged anti-competitive conduct (Adidas / LDC)
CMS Albiñana y Suárez de Lezo (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
Background On 6 February 2020, the Spanish Competition Authority (Comisión Nacional de los Mercados y la Competencia, hereinafter the “CNMC”) adopted a commitment decision to end the infringement proceedings (S/DC/0631/18) initiated in November 2018 against Adidas, S.A.U. (“Adidas”) for alleged (...)

The US FTC files a complaint against an undertaking seeking permanent injunctive relief and equitable relief, including monetary relief, for an anticompetitive scheme to preserve a monopoly for a drug (Vyera Pharmaceuticals / Martin Shkreli)
Wolters Kluwer (Riverwoods)
WILL THE SUPREME COURT LIMIT THE FTC’S USE OF SECTION 13(B) COURT ACTIONS?* The FTC’s authority to seek permanent injunctive relief and monetary relief under Section 13(b) of the FTC Act is being called into question. While more commonly used in consumer protection cases, Section 13(b) has been (...)

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

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

The Indian Competition Authority finds that pharmaceutical companies and their trade association infringe competition law so orders them to organise competition awareness programmes (Madhya Pradesh Chemists and Distributors Federation / Madhya Pradesh Chemists and Druggist Association)
High Court of Delhi
Indian competition authority finds that pharmaceutical companies and their trade association infringe competition law* Background On 3rd June 2019, CCI delivered yet another order, wherein it held the Madhya Pradesh Chemists & Druggists Association along with other district-level (...)

The EU Commission accepts remedies proposed by two financial services companies to cut inter-regional interchange fees (Mastercard II / Visa)
European Commission - 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 Indian High Court in Delhi interprets national Competition Act which criminalises non-compliance with directions or orders (Rajasthan Cylinders)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
In March 2019, the Delhi High Court interpreted Section 42(3) of the Competition Act, which criminalises non-compliance with orders or directions, to cover directions issued by the Director General (DG). [1] The High Court also rejected arguments that to allow criminal proceedings under (...)

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)
European Commission - 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 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)
European Commission - 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 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 Advocates (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 (...)