Commitment Decisions

Anticompetitive practices

The Belgian Competition Authority closes an 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 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 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 Hong Kong Competition Authority issues infringement notices to six hotel groups and a tour operator for facilitating cartel conduct
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 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 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 French Competition Authority accepts a price discount system for commitments intended to protect pure players (Lego)
Van Bael & Bellis (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 Romanian Competition Authority fines national association and 16 financial companies EUR 8.47 million for exchanging information (ALB / BCR Leasing / BRD Sogelease)
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 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
Van Bael & Bellis (Brussels)
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 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 issues a decision regarding the purchase of offices and determines that the commitments made by two supermarket chains are binding (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 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
CRA International (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 as ‘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 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 decision that made commitments legally binding for companies in the pay-TV services sector (Paramount / Sky / Groupe Canal +)
Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
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 EU Court of Justice sets aside a judgment of the General Court upholding a 2016 EU Commission’s decision 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 commission’s settlement decision for its failure to consider adverse effects on third party interests (Paramount / Sky / Groupe Canal +)
Van Bael & Bellis (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 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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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
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 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 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 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
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
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 Hellenic Competition Authority finds two companies guilty of an anti-competitive vertical agreement for prohibiting parallel imports in the market for artificial kidney machines (Gambro Lundia / Medical Products)
Hellenic Competition Authority (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 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 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 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 (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 Authority (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 Israel Competition Tribunal upholds the Competition Authority’s instruction prohibiting an importer from reporting to 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 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 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 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 (Brussels)
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Morgan Lewis (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 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 Hong Kong Competition Authority accepts voluntary commitments by three major online travel agents (Booking.com / Expedia / Trip.com)
Hong Kong Competition Commission
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 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 (DLF)
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 / Pharma Bro)
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)
National Law University (Punjab)
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 / Visa)
DG COMP (Brussels)
Antitrust: Commission accepts commitments by Mastercard and Visa to cut inter-regional interchange fees* The European Commission has made commitments offered by Mastercard and Visa legally binding under EU antitrust rules. The companies will significantly reduce (on average by around 40%) (...)

The 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)
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)
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 (...)

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

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

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

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

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

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

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

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

The Indian Competition Authority requests 28 trade unions and associations in the film industry to "cease and desist" from anticompetitive conduct and reminds them that labor laws are not mutually exclusive with competition laws (All India Film Employee Confederation)
Vaish Associates Advocates (New Delhi)
Competition Commission finds All India Film Employee Confederation and other parties in contravention of Section 3 of the Competition Act, 2002* The Competition Commission of India (CCI) vide its recent order dated October 31, 2017 has directed 25 trade unions and associations and their All (...)

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

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

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

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

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

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

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

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

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

The EU Commission accepts commitments by 14 shipping liner companies to change their practices concerning announcements of intended price increases for containerised shipping services (Liner Shipping case)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
EUROPEAN COMMISSION CHALLENGES PUBLIC PRICE ANNOUNCEMENTS BY SHIPPING LINER COMPANIES* On 7 July 2016, the European Commission adopted a decision accepting commitments by 14 shipping liner companies to change their practices concerning announcements of intended price increases for (...)

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

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

The Danish Competition Authority orders the association of film distributors and cinemas to terminate anticompetitive agreements that restrict cinemas in granting discounts on tickets (FAFID / Danske Biografer)
European Commission (Brussels)
The Danish Competition Council finds agreements limiting the ability of cinemas to grant discounts on ticket prices anticompetitive* On May 25 2016 the Danish Competition Council (“DCC”) issued a decision finding that the Association of Danish Film Distributors (“FAFID”) and the Association of (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The UK Competition Appeal Tribunal quashes a decision of the Competition Authority to accept commitments for failing to inform itself about the possible impact on price transparency of an obvious restriction on disclosure of price information in the online booking sector (Skyscanner)
Ashurst (Milan)
UK Court quashes decision accepting the commitments by OTAs and hotel chain in the online booking sector* Last 26 September, following an appeal by meta-search site Skyscanner, the UK Competition Appeal Tribunal (“CAT”) quashed the decision of the Office of Fair Trading (the “OFT”) to accept (...)

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

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

The US District Court for the Northern District of California finds that an athletics association’s rules restricting payments to student-athletes violate antitrust laws (O’Bannon / NCAA)
Rutgers University (Camden)
On August 8, 2014, in O’Bannon v. National Collegiate Athletic Association (NCAA), Judge Claudia Wilken of the U.S. District Court for the Northern District of California found that the NCAA violated the antitrust laws by enacting rules that prevented student-athletes from being paid for the use (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The New Zealand Competition Authority confirms its investigation into possible manipulation of currency rates and possible influence of benchmarks in foreign exchange markets (FOREX)
New Zealand Commerce Commission (Wellington)
Commerce Commission confirms forex investigation* The Commerce Commission has confirmed that it has an investigation into possible manipulation of currency rates and possible influencing of benchmarks in foreign exchange (forex) markets. The investigation was commenced as a result of a (...)

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

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

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

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

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

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

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

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

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 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 (...)

Dominance

The Italian Competition Authority accepts a company’s commitments in abuse of dominance probe in the market for natural gas distribution (Italgas)
Ashurst (Milan)
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 Italian Competition Authority closes its investigation against a national gas distributor for an alleged abuse of dominant position after it addressed 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 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 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 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)
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 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 - Antitrust Division (Washington)
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 in order 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 a 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, requires divesting its acquisitions of up-and-coming rivals and prohibiting the imposition of anticompetitive 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 Attorney General (AG) leads a bipartisan lawsuit by 46 State AGs, District of Columbia AG, and Territory of Guam AG seeking to end the dominant social network company’s allegedly illegal monopoly, including predatory acquisitions and 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 in 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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ELIG Gürkaynak Attorneys-at-Law (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 the pharmaceutical company with a dominant position in the wholesale of certain generics ceased its problematic behavior and 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 (Tele 2)
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)
Bird & Bird (Paris)
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Bird & Bird (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 a brewery for failing to comply with reporting obligations under commitments to limit exclusivity contracts (Heineken)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (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 Hungarian Competition Authority fines international brewery 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 EU Commission accepts a semiconductor company’s offer to stop exclusivity on chipset market (Broadcom)
Ashurst (Brussels)
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Ashurst (Brussels)
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)
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 investigation into 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 (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 Competition Authority ascertains the abuse of the dominant position by the national football federation (Albanian Football Federation)
Albanian Competition Authority
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 €2.5 million 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 Romanian Competition Authority fines pharmaceutical company for non-compliance with some of its commitments assumed during the 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 Icelandic Competition Authority fines telecom 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 starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing for 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 (Brussels)
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DLA Piper (Bucharest)
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DLA Piper (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 EU Commission invites comments on 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)
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 Indian Competition 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 the previously imposed obligations (Google)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (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 ends an abuse probe after an online market place 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 German Competition Authority obtains amendments of 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 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)
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 EU Commission fines a gas supply company and its subsidiaries for blocking access to key natural gas infrastructure in Bulgaria (BEH)
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 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 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 EU Commission imposes binding remedies on a German grid operator to increase electricity trading (TenneT)
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 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 (Google)
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 imposes a set of binding obligations to a dominant gas supplier to enable free flow (Gazprom)
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 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 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 proceedings through a commitments decision against a tonic water company in a case related to restrictions of parallel trade (Schweppes)
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)
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 case (Amazon)
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)
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
,
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 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)
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)
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 starts, 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)
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 allows the early termination of commitments made by a railway power supplier, following the entry of new competitors to the market (Deutsche Bahn)
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 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 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 Authority (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 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 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 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 (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)
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 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 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 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 made by an online hotel booking company (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)
Konkurences padome (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 on the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
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
,
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 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 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 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 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)
Cassels Brock (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 imposes changes in licensing practices (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Washington)
,
Cleary Gottlieb Steen & Hamilton (London)
,
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 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 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 Federal 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 (Federal 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 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 (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 Authority (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 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 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 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 Authority (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 (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 Moscow 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 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 (...)

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 (...)

Mergers

The UK Competition Authority accepts commitment by major photo-sharing platform to tackle hidden advertising by social media influencers (Instagram Social Media Endorsements)
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 / BAH)
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 (...)

State Aid

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)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

Procedures

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)
,
Morgan Lewis (Washington)
,
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)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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 US Supreme Court unanimously holds that FTC Act Section 13(b) does not authorize equitable monetary relief (AMG Capital Management)
Baker Botts
,
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)
,
Dechert (Washington)
,
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)
,
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 / FTC)
Jones Day
,
Jones Day (Washington DC)
,
Jones Day (Washington DC)
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 Turkish Competition Authority rejects an application concerning the commitment procedure for the first time
ACTECON (Istanbul)
,
ACTECON (Istanbul)
,
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 (Beijing)
,
Jones Day (Beijing)
,
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)
,
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 as to 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 launches consultations on ex-ante competition enforcement in platform-based and other industries
Baker Botts (Washington)
,
Baker Botts (Brussels)
,
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 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 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)
,
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 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)
,
Morgan Lewis (Philadelphia)
,
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 US Court of Appeals for the Seventh Circuit denies the FTC’s authority to seek restitution (Credit Bureau)
Jones Day (Washington DC)
,
Jones Day (Chicago)
,
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 Indonesian Competition Authority publishes its regulation in the procedure for cases of monopolistic practices and unfair competition
Baker McKenzie (Jakarta)
,
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)
Cassels Brock (Toronto)
Kobo Obtains Stay of Ebooks Settlement* The ebooks settlement reached between the Competition Bureau and four major ebook publishers has been stayed pending the determination of a challenge brought by ebook retailer Kobo Inc. to the settlement. Kobo argues that its contracts with the four (...)

The 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 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 (...)

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)
,
Shardul Amarchand Mangaldas (New Delhi)
,
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 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 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 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)
,
Orrick, Herrington & Sutcliffe (Washington)
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)
,
Baker Botts (Washington)
,
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)
,
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 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 Authority (Athens)
HCC accepts the amendment of commitments concerning the supply of natural gas through electronic auctions, as proposed by DEPA* By its unanimous Decision No 618/2015, the Hellenic Competition Commission (HCC) accepted a proposal from DEPA to revise partly the commitments adopted with earlier (...)

The 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 (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. (...)

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