Consumer protection

Anticompetitive practices

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

The Italian Competition Authority launches an investigation and opens sub-proceedings for potentially ordering interim measures against two companies providing products for the prevention of contagion COVID-19 to consumers resident in Europe (ContextLogic / Wish) Free
Italian Competition Authority (Rome)
PS11734 - ANTITRUST: PROCEEDINGS INITIATED AGAINST THE WWW.WISH.COM PLATFORM* On 31 March, the Authority launched an investigation and opened a sub-proceedings for ordering, if necessary, an interim measure against ContextLogic Inc, the US company that owns the www.wish.com platform and its (...)

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

The Canadian Competition Authority is scrutinising competition law compliance and companies taking advantage of consumers by engaging in price fixing and misleading claims about products during the COVID-19 outbreak Free
Cassels Brock (Toronto)
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Cassels Brock (Toronto)
The Competition Bureau is watching for evidence of companies taking advantage of consumers by making false or misleading claims about a product’s ability to combat COVID-19 or engaging in price fixing, the Commissioner of Competition warned in a recent statement. The Commissioner added that (...)

The UK Government and the Competition Authority adopt two recent measures against shortages and high prices during the COVID-19 outbreak Free
Greenberg Traurig (London)
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Greenberg Traurig (London)
The rapid spread of COVID-19 in the United Kingdom and the measures being implemented to counter the disease have resulted in an unprecedented surge of consumer demand for groceries and other essential supplies. Safeguarding consumers against shortages and high prices is at the heart of two (...)

The Italian Competition Authority initiates a proceeding against the sale of a generic drug for the treatment of HIV infections sold as a remedy to fight the COVID-19 virus (Kaletra) Free
University of Turin
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University of Turin
1.Introduction The spread of the Covid-19 pandemic is unfortunately accompanied by the equally rapid one of unfair commercial practices in Italy. A worrying scenario, also for potential, serious effects on people’s health, on which the Italian Competition Authority (‘ICA’) continues to keep the (...)

The French Competition Authority fines a big tech company for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its premium independent distributors (Apple / Tech Data / Ingram Micro)
Autorité de la concurrence (Paris)
Fines handed down to Apple, Tech Data and Ingram Micro* The Autorité de la concurrence hands out fines totalling €1,1 billion to Apple for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its “premium” (...)

The California, New York, and Washington Attorneys General announce their intent to take action against unfair "price gouging" and the US DOJ focuses on public health products during the COVID-19 situation Free
Paul Weiss (New York)
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Paul Weiss (New York)
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Paul Weiss (Washington)
State AGs Respond to COVID-19-Related “Price Gouging” and DOJ Antitrust Enforcement to Focus on Public Health Products* The outbreak and continued spread of a new strain of coronavirus, COVID-19, has led to surging demand for, and in some cases shortages in the supply of, a wide variety of (...)

The EU Commission fines hotel group for including restrictive clauses in its agreements with tour operators (Meliá)
DG COMP (Brussels)
Antitrust: Commission fines hotel group Meliá €6.7 million for discriminating between customers* The European Commission has fined Spanish hotel group Meliá €6 678 000 for including restrictive clauses in its agreements with tour operators. These clauses discriminate consumers within the European (...)

The EU imposes a €6.7 million fine on a Spanish hotel group for restrictions on cross-border sales of hotel accommodations by including discriminatory clauses in its agreements with tour operators (Meliá)
Van Bael & Bellis (Brussels)
On 21 February 2020, the European Commission (the “Commission”) announced its decision to fine Spanish hotel group Meliá € 6,678,000 for including clauses in its agreements with tour operators that discriminated between consumers based on their country of residence. According to the Commission’s (...)

The Mexican Competition Authority fines polyethylene gloves providers for price coordination and bid-rigging in the health sector (Galeno / Holiday)
Mexican Competition Authority (Mexico City)
COFECE sanctions polyethylene gloves providers for coordinating their prices and discounts bids in public procurement in the health sector*  The Commission proved the responsibility of Galeno and Holiday in the execution of absolute monopolistic practices, also known as collusive agreements or (...)

The Canadian Competition Authority fines $1.3 million for allegedly failing to adequately disclose the full price of tickets in the online ticket seller market (StubHub)
Steve Szentesi Law Corporation (Vancouver)
The Price, the Whole Price and Nothing But the Price: StubHub Pays $1.3 Million Penalty Following Bureau Drip Pricing Probe* The Competition Bureau’s (Bureau) top priority for enforcement and advocacy is currently the digital economy (see, for example, here, here, here, here and here). And for (...)

The Canadian Competition Authority levies $1.3 million fine for alleged misleading representations in online sales of event tickets (Stubhub)
Commonwealth Secretariat (London)
Introduction There are no rock bottom bargains on offer at StubHub Canada Ltd as Canadian consumers found out the hard way, falling victim to a possible case of drip pricing. StubHub Canada Ltd is a subsidiary of StubHub Inc, an American exchange and resale ticket company that offers services (...)

The Peruvian Competition Authority initiates a proceeding against construction companies and their executives for bid-rigging in the construction sector (Altesa Contratistas Generales)
Peruvian Competition Authority - INDECOPI (Lima)
Indecopi has initiated an administrative sanctioning proceeding against 35 construction companies and 28 of their executives for an alleged liability of participating in bid rigging in 112 public tenders nationwide in the construction sector* The 112 tenders were convened by the Ministry of (...)

The Russian Competition Authority analyses the state of competition in the market for seeding soybeans
Russian Federal Antimonopoly Service (Moscow)
FAS ANALYSED THE STATE OF COMPETITION ON THE MARKET OF SEEDING SOYBEANS* The results show significant dependence of the Russian market on import of the agricultural crop The goal of the survey1 is to analyze dependence of the domestic market on supplies of foreign-developed seed material to (...)

The EU Commission reiterates its position that if a business allows for the non-exclusive licensing of its products in the EEA, the licensor can no longer control the sale of the product (NBCUniversal Media / Comcast)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
The European Commission has reiterated its position that if a business allows for the non-exclusive licensing of its products in the EEA, such licensor can no longer control where, to whom, and in what manner (online/off-line) the products can be sold within the EEA. On 30 January 2020, the (...)

The EU Commission fines several companies for restricting sales of film merchandise products (NBCUniversal)
DG COMP (Brussels)
Antitrust: Commission fines NBCUniversal €14.3 million for restricting sales of film merchandise products* The European Commission has fined several companies belonging to Comcast Corporation, including NBCUniversal LLC, (“NBCUniversal”) €14 327 000 for restricting traders from selling licensed (...)

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

The 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 German Competition Authority discontinues the proceedings against the "alliance of publishing houses" in the press wholesale sector as they end minimum sales requirement (Verlagsallianz / BPVG)
German Competition Authority (Bonn)
Bundeskartellamt brings an end to minimum sales requirement in the press wholesale sector* The “alliance of publishing houses” (Verlagsallianz) consisting of seven major German publishing houses and the Association of German Book, Newspaper and Magazine Wholesalers (BPVG) have refrained from (...)

The Polish Competition Authority fines €28,5 million a cars importer for misleading customers on the level of exhaust gas emissions and affecting how consumers’ legitimate complaints were considered by car dealers (Volkswagen)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
Following four years of proceedings, the Office of Competition and Consumer Protection (’’UOKiK’’) fined Volkswagen Group Poland (a Polish importer of Volkswagen Group cars) for misleading customers about the level of exhaust gas emissions and affecting how consumers’ legitimate complaints were (...)

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

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

The Australian Federal Court orders a car manufacturer to pay $125 million in penalties for breaching national consumer law by making false representations relating to its compliance with the diesel emissions standards (Volkswagen)
Bird & Bird (Sydney)
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Bird & Bird (Sydney)
In December 2019, the Federal Court ordered the German car manufacturer, Volkswagen AG, to pay AUD$125 million in penalties for engaging in a breach of Australia’s consumer law (the Australian Consumer Law ("ACL")) by making false representations relating to its compliance with Australian diesel (...)

The Spanish Competition Authority launches an inquiry in the inter-city bus transport sector in Spain
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
The CNMC has announced the launch of an inquiry on the competition conditions in the inter-city bus sector in Spain. The first phase of the inquiry includes a public consultation, which aims at obtaining input from operators, regulators, consumers and sector experts. This consultation is (...)

The Italian Competition Authority fines over €30 million the main companies in the private security sector for bid-rigging (Allsystem / Coopservice / Italpol / IVRI / Sicuritalia)
Italian Competition Authority (Rome)
I821 - ICA: tenders for security services. Fine of over 30 million euros for an agreement restricting competition* The Italian Antitrust Authority has closed an investigation finding an anticompetitive agreement between the main companies in the private security sector, Allsystem, Coopservice, (...)

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

The German Competition Authority and the Federal Network Agency publish their joint annual monitoring report on developments in the German electricity and gas markets
German Competition Authority (Bonn)
ENERGY MONITORING REPORT 2019 PUBLISHED BY THE BUNDESNETZAGENTUR AND THE BUNDESKARTELLAMT* The Bundesnetzagentur and the Bundeskartellamt have today published their joint annual monitoring report on developments in the German electricity and gas markets. At present no market dominance in (...)

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

The Canadian Competition Bureau takes steps against misleading representations in online sales of airline tickets (FlightHub)
Commonwealth Secretariat (London)
The old adage appears to ring true yet again: If it sounds too good to be true it probably is. Canada’s Competition Bureau (Bureau), which assists the Commissioner of Competition (Commissioner) in the administration and enforcement of the Competition Act (Act), announced on 28 October 2019 that (...)

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

The French Competition Authority fines three companies and their wholesale importers for having set up exclusive import agreements in the distribution of perfumes and cosmetic products market in Guadeloupe, Martinique, French Guiana and La Réunion (Procter & Gamble / Coty / Chanel)
Autorité de la concurrence (Paris)
Distribution of perfumes and cosmetics in the French Antilles, French Guiana and La Réunion* The Autorité de la concurrence hands down fines to Procter & Gamble, Coty and Chanel and their wholesale importers for having set up exclusive import agreements. The Lurel Law has prohibited (...)

The Belgian Competition Authority issues a guide on the exchange of information in the framework of professional association
Belgian Competition Authority (Brussels)
Guide on the exchange of information in the framework of professional association* After completing the public consultations, the Board of the Belgian Competition Authority (BCA) has adopted on the 1st of October 2019 a guide on the exchange of information in the framework of professional (...)

The French Competition Authority fines the Architects Professional Body for its anticompetitive agreement (Ordre des architectes)
Autorité de la concurrence (Paris)
The Ordre des architectes is fined a total of €1.5 million for anticompetitive agreement* L’autorité de la concurrence fined the Ordre des architectes a total of €1.5 million for implementing anticompetitive practices. The Ordre des architectes set up, distributed and enforced a fee schedule (...)

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

The Portuguese Competition Authority fines 14 banks for exchange of information (BBVA / BIC / BPI / BCP ...)
Portuguese Competition Authority (Lisbon)
AdC imposes a fine of 225 million euros to 14 banks The Portuguese Competition Authority (Autoridade da Concorrência - AdC) fined 14 banks in the total amount of 225 million euros in connection with the concerted practice of exchanging sensitive commercial data, during a period of more than ten (...)

The French Competition Authority and the Austrian Competition Authority carry out unannounced inspections in the automatic swimming pool cleaning equipment distribution sector
Autorité de la concurrence (Paris)
Dawn raids* The General Rapporteur of the Austrian competition authority and the General Rapporteur of the Autorité de la concurrence indicate that unannounced inspections have been carried out in the automatic swimming pool cleaning equipment distribution sector. Following judicial (...)

The EU Commission opens investigation into the allegedly anticompetitive conduct of a multinational online platform focused on e-commerce (Amazon)
DG COMP (Brussels)
Antitrust: Commission opens investigation into possible anti-competitive conduct of Amazon* The European Commission has opened a formal antitrust investigation to assess whether Amazon’s use of sensitive data from independent retailers who sell on its marketplace is in breach of EU competition (...)

The EU Commission fines a company for restricting cross-border sales of merchandising products (Sanrio)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
The investigation of the Commission has found that Sanrio banned traders from selling licensed merchandise of Hello Kitty and other characters outside their territorial coverage but within the European Economic Area (“EEA”). Sanrio is a Japanese company that designs, licenses, produces and sells (...)

The EU Commission fines a company €6.2 million for restricting cross-border sales of merchandising products (Sanrio)
Van Bael & Bellis (Brussels)
On 9 July 2019, the Japanese company Sanrio was fined € 6.2 million by the European Commission (“Commission”) for infringing Article 101 Treaty on the Functioning of the European Union by restricting cross-border sales by its licensees. According to the Commission’s press release, the case (...)

The EU Commission fines a company for restricting cross-border sales of merchandising products featuring their brand characters (Sanrio)
DG COMP (Brussels)
Antitrust: Commission fines Sanrio €6.2 million for restricting cross-border sales of merchandising products featuring Hello Kitty characters* The European Commission has fined Sanrio €6.2 million for banning traders from selling licensed merchandise to other countries within the EEA. This (...)

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

The UK Competition Authority announces the start of a formal market study into online platforms and the UK market for digital advertising
Simmons & Simmons (London)
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Simmons & Simmons (London)
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Simmons & Simmons (London)
What is the Study about? The Study is broad in scope and aims to examine three potential sources of harm in connection with the digital advertising market: i) to what extent online platforms have market power in user-facing markets and what impact this has on consumers; ii) whether consumers (...)

The Portuguese Competition Authority carries out unannounced inspections in the waste management sector
Portuguese Competition Authority (Lisbon)
Autoridade da Concorrência carried out dawn raids in the waste management sector* The Autoridade da Concorrência (AdC) – Portuguese Competition Authority carried out dawn raids in two premises of seven undertakings in the waste management sector in the district of Lisbon on suspicions of (...)

The Portuguese Competition Authority warns that firms are responsible for the algorithms they use to coordinate market prices
Portuguese Competition Authority (Lisbon)
The AdC warns that using algorithms to coordinate market prices is incompatible with the Portuguese Competition Law* The Portuguese Competition Authority (Autoridade da Concorrência, AdC) warns that firms are responsible for the algorithms they use and that employing these tools with the aim of (...)

The French Competition Authority fines a bicycle manufacturer for having prohibited authorised retailers from selling its bicycles online (Bikeurope)
Autorité de la concurrence (Paris)
Online bicycle sales* The Autorité de la concurrence has fined Bikeurope for having prohibited its authorised retailers from selling its bicycles online Background Following documents sent by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (Direction (...)

The French Competition Authority fines a bicycle manufacturer € 250,000 for online sales restrictions (Bikeurope)
Van Bael & Bellis (Brussels)
On 1 July 2019, the French Competition Authority (“FCA”) imposed a fine of € 250,000 on Trek Bicycle Corporation and its subsidiary Bikeurope B.V. (together “Bikeurope”) for having prohibited its authorised retailers from selling its bicycles online from 2007 to 2014, a restriction by object that (...)

The French Competition Authority fines a network of notaries and a chamber of notaries for anticompetitive agreement (GIE Notimo and Chambre interdépartementale des notaires de Franche-Comté)
Autorité de la concurrence (Paris)
Estate negotiation/notaries* The Autorité de la concurrence fines GIE Notimo and the chambre interdépartementale des notaires de Franche-Comté for anticompetitive practices. Background The law of 6 August 2015, socalled "Macron law" which has reformed regulated professions in order to (...)

The Spanish Competition Authority fines a company for engaging in misleading conduct contrary to the principles of good faith and professional diligence (Endesa Energía)
Callol, Coca & Asociados (Madrid)
The NMCC has fined Endesa Energía XXI €5.5 million, for using the electricity bills as a tool to promote services of other group companies. In the past, the electricity market in Spain was fully regulated, and all prices were set by the Government. However, in the late 90s the sector was (...)

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 OECD holds a roundtable on the publicly funded education markets
OECD - Competition Division (Paris)
Education services are fundamental for economic and social well-being. They not only directly boost public sector productivity, but also the productivity of workers across the economy by improving their skills, increasing their capacity to add value, and giving them the ability to adapt to new (...)

The UK Competition Authority provisionally finds that four pharmaceutical companies broke competition law by agreeing not to compete in the supply of an anti-nausea drug (Alliance Pharmaceuticals / Focus / Lexon / Medreich)
United Kingdom’s Competition Authority - CMA (London)
Drug firms accused of illegal market sharing over anti-nausea tablets* The CMA has provisionally found that 4 pharmaceutical companies broke the law by agreeing not to compete in the supply of an anti-nausea drug in the UK. In a statement of objections issued today, the Competition and (...)

The Hungarian Competition Authority fines a retailer for fixing the online retail prices of its products (Husqvarna Magyarország)
Hungarian Competition Authority (Budapest)
The GVH imposes a fine of HUF 100 million on Husqvarna Magyarország Kft. for fixing the online retail prices of its products* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) imposed a fine of HUF 111 million (approx. EUR 330 thousand) on Husqvarna Magyarország Kft. because (...)

The Belgian Competition Authority carries out unannounced inspections in the retail sector
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms the inspections at retail chains* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms that the BCA is conducting inspections at the premises of some companies active in the retail sector. These companies are (...)

The Portuguese Competition Authority confirms dawn raids in the healthcare sector
Portuguese Competition Authority (Lisbon)
AdC confirms dawn raids in the healthcare sector* The Autoridade da Concorrência (AdC) - Portuguese Competition Authority confirms it has carried out dawn raids in eight locations of nine entities in the healthcare sector in Lisbon, Porto and Algarve, following suspicions of anticompetitive (...)

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 UK Competition Authority launches an investigation into online gaming companies’ roll-over contracts
Simmons & Simmons (London)
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Simmons & Simmons (London)
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Simmons & Simmons (London)
The UK Competition and Markets Authority (CMA) announced on 05 April 2019 that it is launching an investigation into online gaming companies’ use of auto-renewal, cancellation, and refund policies in relation to online services. The investigation is being conducted using the CMA’s consumer (...)

The EU Commission sends statements of objections to an American video game developer and five videogame publishers for “geo-blocking” of PC video games (Valve / Focus Home / Koch Media / ZeniMax / Bandai Namco / Capcom)
DG COMP (Brussels)
Antitrust: Commission sends Statements of Objections to Valve and five videogame publishers on “geo-blocking” of PC video games* The European Commission has informed Valve, owner of the “Steam” video game distribution platform, and five videogame publishers, of its preliminary view that the (...)

The EU Commission fines a multinational company selling football apparel and footwear for restricting cross-border sales of merchandising products (Nike)
DG COMP (Brussels)
Antitrust: Commission fines Nike €12.5 million for restricting cross-border sales of merchandising products* The European Commission has fined Nike €12.5 million for banning traders from selling licensed merchandise to other countries within the EEA. This restriction concerned merchandising (...)

The EU Commission fines a company for restricting cross-border and online sales of branded merchandise by its European licensees (Nike)
Crowell & Moring (Brussels)
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Crowell & Moring (Brussels)
E-Commerce in Europe: A Look into Nike’s Huge Antitrust Fines* On March 25, the European Commission (EC) fined Nike €12.5 million for restricting cross-border and online sales of branded merchandise by its European licensees. In December last year, the EC fined Guess €40 million for imposing (...)

The Portuguese Competition Authority issues statements of objections to supermarket chains and beverage suppliers for price fixing (Modelo Continente / Pingo Doce / Auchan and Intermarché / Lidl / E. Leclerc)
Portuguese Competition Authority (Lisbon)
AdC issues Statements of Objections to supermarket chains and beverage suppliers for price fixing, harmful to consumers* The AdC – Portuguese Competition Authority issued three Statements of Objections to six large food retail groups in Portugal and three beverage suppliers for taking part in (...)

The U.S. District Court For The Northern District Of Illinois receives a class action complaint against a pay-for-delay agreement (Abbvie)
Constantine Cannon (Washington)
Plaintiffs Targeting Biologic-Biosimilars Settlements with Pay-for-Delay Antitrust Claims* Antitrust principles that can invalidate certain pay-for-delay settlements will be expanding into the new frontier of biologic and biosimilar drugs if plaintiffs in several new suits are successful. (...)

The Finnish Competition Authority suspects several taxi dispatch centres of illegal restrictions on competition
Finnish Competition and Consumer Authority (Helsinki)
FCCA suspects several taxi dispatch centres of illegal restrictions on competition* Investigations by the Finnish Competition and Consumer Authority (FCCA) have found that dispatch centres may have acted in breach of the Competition Act by discriminating in the dispatch of Kela-reimbursed (...)

The French Competition Authority closes the case opened at its own initiative regarding practices implemented in the temporary work sector
Autorité de la concurrence (Paris)
Temporary work sector*The Autorité closes the case opened at its own initiative regarding practices implemented in the temporary work sector Following dawn raids, the Autorité de la concurrence started proceedings ex officio in May 2015 relating to a possible set of practices that was alleged (...)

The French Competition Authority carries out unannounced inspections in the sector of engineering, maintenance, decommissioning and waste treatment services for nuclear installations
Autorité de la concurrence (Paris)
Dawn raids* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the sector of engineering, maintenance, decommissioning and waste treatment services for nuclear installations Following authorisation from the liberty and (...)

The German Competition Authority publishes a paper summarizing its sector inquiry into online price comparison websites
Van Bael & Bellis (Brussels)
On 4 February 2019, the German Federal Cartel Office (“FCO”) published a fifth paper in its series “Competition and Consumer Protection in the Digital Economy”. The paper summarizes the sector inquiry into online comparison websites in the travel, energy, insurance, telecommunications and financial (...)

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

The EU Commission fines a credit card company €570 million for limiting retailers’ access to cross-border payment services (Mastercard II)
Van Bael & Bellis (Brussels)
On 22 January 2019, the European Commission (“Commission”) announced that it had imposed a fine of € 570,566,000 on Mastercard for preventing banks from offering lower interchange fees to retailers located in another EEA Member State, in breach of EU competition rules. Mastercard is the second (...)

The German Competition Authority in cooperation with the Austrian Competition Authority opens a formal proceeding against a search engine company suspected to have concluded anticompetitive agreements (Google)
German Competition Authority (Bonn)
Proceeding against whitelisting contract between Google and Eyeo terminated after amendments to the contract* In cooperation with the Austrian competition authority (BWB) the Bundeskartellamt conducted an administrative proceeding against the companies Google Inc., Mountain View/USA and Eyeo (...)

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

The Indian Competition Authority dismisses allegations of resale price maintenance against a manufacturer and seller of kitchen appliances due to lack of witnesses and manufacturer’s distribution rights (Snapdeal / Jasper Infotech / Kaff Appliances)
Vaish (New Delhi)
CCI finds no evidence of resale price maintenance on sale of KAFF appliances on Snapdeal* CCI, by way of order dated 15.01.2019 under Section 26(6) the Act, has dismissed allegations of Resale Price Maintenance (“RPM”) against Kaff Appliances (India) Pvt. Ltd. ( “KAFF/ OP”).The information was (...)

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

The Shanghai Intellectual Property Court determines whether there are protectable interests and concludes that the degree of damage suffered by the plaintiff is not enough to meet the need for relief through the anti-unfair competition law (Beijin iQIYI Technology / Beijing Sogou Information)
Beijing Foreign Studies University (Beijing)
The Anti-Unfair Competition Law of the People’s Republic of China stipulates seven types of unfair competition, namely, label confusion (Article 6), commercial bribery (Article 7), misleading statements (Article 8), infringement on trade secrets (Article 9), improper prize-winning sales (Article (...)

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

The EU Commission fines consumer electronics manufacturers €111 Million for online pricing restrictions (Asus / Denon / Marantz / Philips / Pioneer)
Euclid Law (London)
European Commission Fines Consumer Electronics Manufacturers €111 Million for Online Pricing Restrictions* On 24 July 2018, the European Commission announced that it had fined four consumer electronics manufacturers – Asus, Denon & Marantz, Philips and Pioneer – a total of €111 million (...)

The EU Commission fines consumer electronics manufacturers for imposing fixed or minimum resale prices on their online retailers (Asus / Denon / Marantz / Philips / Pioneer)
Dechert (Brussels)
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Dechert (Washington)
,
Dechert (Brussels)
Recent EU Fines for Resale Price Maintenance Are Symptoms of Broader Challenges Faced by Today’s Consumer-Goods Manufacturers The European Commission (the “Commission”) issued four separate decisions on 24 July 2018, fining consumer electronics manufacturers Asus, Denon & Marantz, Philips and (...)

The EU Commission fines electronic goods manufacturers for resale price maintenance (Asus / Denon & Marantz / Philips / Pioneer)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
Vertical restrictions, including resale price maintenance (RPM), have not generally been an EC enforcement priority over the last 10 years, but a series of rulings in July 2018 signalled a potential change in that trend. Although the EC considers RPM to be a “hardcore restriction” of (...)

The EU Commission fines four electronics manufacturers for fixing minimum resale prices for online retailers (Asus / Denon & Marantz / Philips / Pioneer)
K&L Gates (Houston)
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K&L Gates (Sidney)
,
K&L Gates (Boston)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of (...)

The EU Commission fines four consumer electronics manufacturers for fixing online resale prices (Asus / Denon & Marantz / Philips / Pioneer)
DG COMP (Brussels)
Antitrust: Commission fines four consumer electronics manufacturers for fixing online resale prices* The European Commission today fined, in four separate decisions, consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer for imposing fixed or minimum resale prices on (...)

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

The French Competition Authority fines a human resource consulting firm for non-compliance with certain remedies addressing practices implemented in the temporary employment sector (Randstad)
Autorité de la concurrence (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 French and German Competition Authorities launch a joint project on algorithms and their implications on competition
German Competition Authority (Bonn)
The French Autorité de la concurrence and the German Bundeskartellamt launch a joint project on algorithms and their implications on competition* Coming along with digitalization, algorithms are becoming more and more important and at the same time progressively sophisticated. Prominent (...)

The EU Commission proposes legislation to increase fairness and transparency on online platforms
Van Bael & Bellis (Brussels)
On 26 April 2018, the European Commission proposed a new Regulation on promoting fairness and transparency for business users of online intermediation services (the “Proposed Regulation”). The Proposed Regulation aims to address business practices which are likely to be harmful to business users (...)

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

The Australian Competition and Consumer Commission announces product safety priorities for 2018
Jones Day (Houston)
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Jones Day (Sydney)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Australian Competition and Consumer Commission (ACCC) has announced product safety priorities for 2018. A key priority is for the Commission to work towards (...)

The Vilnius Regional Administrative Court upholds fine for misleading advertising in the hotel sector (NT partneriai / Karolinos turas)
Commonwealth Secretariat (London)
A hotel is a hotel and the Karolina Park Hotel in Vilnius, Lithuania is no exception. So the Vilnius Regional Administrative Court (Court) upheld a decision of the Competition Council of the Republic of Lithuania (Council) that fined the developer Karolinos turas and real estate company NT (...)

The Indian Competition Authority decides to examine the algorithm used in determining airline ticket prices in order to determine whether the airline companies have engaged in price-fixing practices (Jet Airways / InterGlobe Aviation)
National University of Study and Research in Law (Ranchi)
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National University of Study and Research in Law (Ranchi)
The Competition Commission of India (“CCI”), anti-trust watchdog of India has lately sprung up in action by tightening the noose around the anti-competitive practices in the aviation sector. Recently in an incident concerning revising and fixing fuel surcharge (FSC) rates by a few airline (...)

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

The City Court of Copenhagen fines a real estate chain and an association of real estate agents for unlawful boycott (EDC-Gruppen / Danish Association of Chartered Estate Agents)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Real estate chain and the Danish Association of Chartered Estate Agents sentenced to fines for unlawful boycott* On January 30, 2018, the City Court of Copenhagen passed sentence upon the real estate chain EDC-Gruppen A/S and the Danish Association of Chartered Estate Agents for (...)

The Canadian Competition Bureau offers immunity in bread price-fixing probe (Loblaw / Weston)
Commonwealth Secretariat (London)
Introduction On 19 December 2017, Loblaw Companies Limited (‘Loblaw’), Canada’s largest grocery store chain, and George Weston Ltd (‘Weston’), which owns national bread baker Weston Bakeries, admitted to participation in a packaged bread price-fixing scheme for more than 14 years that ran from late (...)

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

The German Competition Authority launches a sector inquiry into online price comparison websites
German Competition Authority (Bonn)
Bundeskartellamt launches sector inquiry into comparison websites* The Bundeskartellamt has launched a sector inquiry into "online price comparison websites". Andreas Mundt, President of the Bundeskartellamt: "Every day millions of consumers gather information by using price comparison (...)

The EU Commission publishes final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. The Report consists of two documents: (i) a 16-page (...)

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

The UK Competition Authority publishes preliminary findings on price comparison websites
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Latham & Watkins (London)
In September 2016, the Competition and Markets Authority (“CMA”) launched a Market Study into digital comparison tools (“DCTs”). On March 28, 2017, the CMA published an update on the Market Study setting out its preliminary findings and areas of focus for the second part of the Market Study. The (...)

The French Competition Authority confirms unannounced inspections in the sector of energy services and energy supply
Autorité de la concurrence (Paris)
The General Rapporteur of the Autorité de la concurrence confirms that unannounced inspections were carried out on 22 November in the sector of energy services and energy supply* On 22 November 2016, following information that has appeared in the press - which does not come from the Autorité (...)

The French Competition Authority launches a public consultation on its midpoint assessment concerning its investigation on the hearing aids sector
Autorité de la concurrence (Paris)
Hearing aids* As part of its investigation on the hearing aids sector, the Autorité de la concurrence launches a public consultation on its mid-point assessment today. The Autorité encourages the sector’s players to express their opinion on the competition issues identified. Interested actors (...)

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 Belgian Competition Authority ends its investigation concerning real estate agents
Belgian Competition Authority (Brussels)
Real estate agents completely free in setting tariffs when selling real estate* The Belgian Competition Authority (BCA) ends its investigation against the Professional Institute for real estate agents (BIV). Extensive research has shown that real estate agents are completely free in setting (...)

The German Competition Authority fines a manufacturer of railway sleepers for an anticompetitive agreement concerning public procurement (Durtrack)
German Competition Authority (Bonn)
Bundeskartellamt concludes proceedings against manufacturers of railway sleepers* The Bundeskartellamt has concluded its investigation proceedings against manufacturers of concrete and wooden railway sleepers and imposed a fine on one manufacturer of concrete railway sleepers. The proceedings (...)

The UK Competition and Markets Authority launches market study into legal services
DLA Piper (London)
On 13 January 2016, the Competition and Markets Authority ("CMA") published a market study notice into civil legal services in England and Wales across a broad range of different legal areas. The study is intended to examine the experiences individuals and small businesses have when accessing (...)

The Pakistani Competition Authority publishes a show cause notice to a professional association suspected prima facie of fixing prices of poultry products (PPA)
Competition Commission of Pakistan (Islamabad)
CCP issues showcause notice to pakistan poultry association over prima facie fixing prices of poultry products* The Competition Commission of Pakistan (CCP) has issued a show cause notice to the Pakistan Poultry Association (PPA) for prima facie violation of Section 4 of the Competition Act, (...)

The UK Competition Authority closes its hotel online booking investigation (Booking.com)
United Kingdom’s Competition Authority - CMA (London)
CMA closes hotel online booking investigation* The CMA today announced that it has closed an investigation into suspected breaches of competition law in the hotel online booking sector. The investigation was launched by the Competition and Markets Authority’s (CMA) predecessor, the Office of (...)

The UK Crown Court sentences an individual who pled guilty to a criminal cartel offence (Peter Nigel Snee)
Simmons & Simmons (London)
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Simmons & Simmons (London)
Director that pleaded guilty to the cartel offence in the galvanised steel water tank cartel has received a six month suspended sentence after his co-accuseds were acquitted. In brief On 14 September 2015, the UK Competition and Markets Authority (CMA) announced that an individual had been (...)

The Croatian Competition Authority issues an opinion indicating that the decision of a town allowing advertising only to economic operators established in its territory contravenes with competition law (Town of Vodice)
Croatian Competition Agency (Zagreb)
In the Town of Vodice local municipality decision contravenes with Competition Act* The Croatian Competition Agency (CCA) addressed in its opinion the behaviour of the Town of Vodice and its decision under which with the consent of the Major it exceptionally allows provision of advertising for (...)

The US FTC publishes a statement of enforcement principles regarding “unfair methods of competition”
US Federal Trade Commission (FTC) (Washington)
FTC Issues Statement of Principles Regarding Enforcement of FTC Act as a Competition Statute* Frames Agency’s Use of ‘Stand Alone’ Section 5 Authority to Address Unfair Methods of Competition The Federal Trade Commission has issued a Statement of Enforcement Principles that describes the (...)

The Russian Competition Authority sends a warning to the glass lobby in order it do not violate the antimonopoly law (Steklosoyuz)
Russian Federal Antimonopoly Service (Moscow)
FAS warns the glass lobby not to violate the antimonopoly law* The Federal Antimonopoly Service (FAS Russia) warned companies in the glass industry not to exercise actions that can result in violating the antimonopoly law. The warning was issued upon publishing the Protocol of the (...)

The German Competition Authority prohibits joint marketing agreements in the market of coniferous stem wood (Forst BW Baden-Württemberg)
German Competition Authority (Bonn)
Bundeskartellamt prohibits the joint marketing of round timber in Baden-Württemberg* Today the Bundeskartellamt has issued its final decision in the round timber proceedings against the federal state of Baden-Württemberg. Via its state company Forst BW Baden-Württemberg has so far marketed wood (...)

The EU Commission sends statement of objections to a credit card company regarding its cross-broder rules and inter-regional interchange fees (Mastercard II)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to MasterCard on cross-border rules and inter-regional interchange fees* The European Commission today has sent a Statement of Objections to MasterCard. The Statement of Objections outlines the Commission’s preliminary view that MasterCard’s (...)

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

The French Competition Authority extends the commitments made in the case of inter-bank fees associated with card payments (Groupement des Cartes Bancaires)
Autorité de la concurrence (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 Portuguese Competition Authority sends statement of objections to 15 banking institutions for allegedly exchanging sensitive data regarding the supply of retail-banking loan products (Barclays)
Abreu Advogados (Lisbon)
The Portuguese Competition Authority confirmed having sent a Statement of Objections to 15 banks for suspected participation in a concerted practice. According to the last press release issued by the Portuguese Competition Authority on June 5, 2015, the Statement of Objections was issued on May (...)

A US District Court grants preliminary injunction, reminding that if a group of competitors excludes another class of competitors, the question of whether competition is harmed turns on whether the excluded class offers competitive benefits to the market (Teladoc / Texas Medical Board)
Bona Law (San Diego)
Texas Federal Court Acts for Teladoc in Antitrust Case Against State Medical Board* It is easier to succeed in business without competition than with it. And if you are used to practicing your profession in a particular way, it is quite uncomfortable when new approaches develop that undercut (...)

The Italian Competition Authority launches a sector inquiry on vaccines for human use
Italian Competition Authority (Rome)
Sector inquiry on vaccines for human use * The Italian Competition Authority has decided to launch a survey on vaccines for human use (ref. IC50). Taking into account (a) the importance of vaccines in terms of health care costs borne by the National Health Service (over € 300 million per (...)

The Finnish Competition and Consumer Authority and the Finnish Ministry of Employment and the Economy jointly explore potential need to develop national law regarding digital business and commerce
University of Helsinki
The Finnish Competition and Consumer Authority (FCCA) and the Finnish Ministry of Employment and the Economy (FMEE) have published a press release and a memo about launching a study on digital business and commerce from the standpoint of assessing whether the need exists to better adapt (...)

The Fujian Price Bureau adopts antitrust measures for the China Pilot Free Trade Zone
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Fujian Price Bureau adopts antitrust measures for the China (Fujian) Pilot Free Trade Zone* On 30 April 2015, the Fujian Price Bureau issued the Anti-Price Monopoly Measures for the China (Fujian) Pilot Free Trade Zone. The aims of the measures are to enhance the market price order, protect (...)

The UK Competition and Markets Authority announces that it received a super-complaint from an independent consumer body (Which)
DLA Piper (London)
On 21 April 2015, the Competition and Markets Authority (CMA) announced that it received a super-complaint from the independent consumer body Which? (Which) in respect of perceived concerns about misleading and opaque pricing practices in the UK grocery market. This relates to both in-store (...)

The German Competition Authority publishes a draft decision concerning the round timber proceedings against a Federal State (Baden-Württemberg)
German Competition Authority (Bonn)
Bundeskartellamt issues a draft decision in the round timber proceedings against the Federal State of Baden-Württemberg* In the proceedings concerning the marketing of round timber by the Federal State of Baden-Württemberg, the Bundeskartellamt has today sent a draft decision to the state and (...)

The US Court of Appeals for the Seventh Circuit affirms the district court’s grant of summary judgment in a price-fixing litigation (Text Messaging)
McDermott Will & Emery (Paris)
On Thursday, April 9, 2015, the Seventh Circuit affirmed the district court’s grant of summary judgment for AT&T Mobility LLC, Verizon Wireless LLC, T-Mobile USA Inc. and Sprint Corp., in a text messaging price-fixing litigation. In re Text Messaging Antitrust Litigation, case number (...)

The US District Court for the Eastern District of New York finds anti-steering rules to be anti-competitive (American Express)
Porter Wright Morris & Arthur (Columbus)
Judge finds anti-steering rules to be anti-competitive* Last Thursday, a federal district court judge found that American Express Co.’s anti-steering rules violated U.S. antitrust laws by barring merchants from encouraging customers to use other credit cards. The ruling not only handed a (...)

The Mexican Competition Authority opens ex officio proceedings in the market of the provision of air transport services in order to determine the probable existence of barriers to competition
Mexican Competition Authority (Mexico City)
Extract of the order by which the Federal Economic Competition Commission begins the ex officio investigation identified under the file number IEBC-001-2015, in the market of the provision of air transport services that use the International Airport of Mexico City for landing and/or take off (...)

The Pakistan Competition Authority decides to conduct an open hearing regarding competition concerns in public procurement of electric power equipment (NTDC / DISCOs)
Competition Commission of Pakistan (Islamabad)
CCP to conduct open hearing regarding competition concerns in public procurement of electric power equipment* The Competition Commission of Pakistan (CCP) will issue its recommendations to promote competition in public procurement of power equipment following a public hearing to be held on 17 (...)

The Mexican Competition Authority opens ex officio proceedings in order to review whether several companies have breached the Federal Law of Economic Competition in the credit reporting market
Mexican Competition Authority (Mexico City)
NOTICE by which the Federal Economic Competition Commission informs of the beginning of the ex officio investigation under file number IO-001-2015, on the possible commission of conducts contrary to the Federal Law of Economic Competition* At the margin a seal of the National Coat of Arms, (...)

The Russian Competition Authority fines two poultry plants for unreasonably increased prices (Ptitsecombinat / Stavropolsky Broiler)
Russian Federal Antimonopoly Service (Moscow)
Stavropol OFAS fined two poultry plants 1.3 million Rubles for unreasonably increased prices* On 2 February 2015, the Office of the Federal Antimonopoly Service in the Stavropol (Stavropol OFAS) fined “Stavropolsky Broiler” OJSC and “Ptitsecombinat” Ltd. 650,000 each for unreasonably growing (...)

The Dutch Authority for Consumers and Markets provides useful guidance for the future assessment of sustainability initiatives involving cooperation between firms (Chicken for tomorrow)
RBB Economics (Brussels)
Valuing Sustainability? The ACM’s analysis of “Chicken for Tomorrow” under Art. 101(3)* On 26 January 2015, the Dutch competition authority announced its decision that industry-wide initiatives for the “Chicken for Tomorrow” in the Netherlands restrict competition. The ACM reached this conclusion (...)

The European Commission fines fives companies over € 19.4 million in cartel settlement for price coordination and customer allocation (Envelopes)
Constantine Cannon (London)
,
King’s College (London)
European Commission Seeks To Stamp Out Envelope Cartel With Fines Totaling 19.48 Million Euros* The European Commission has announced that it has imposed fines totaling 19.48 million euros on five European envelope producers for coordinating prices and allocating customers through an (...)

The Canadian Competition Commissioner settles for $5 millions with a water heater company implementing anti-competitive return policies (Reliance)
TSMC (San Francisco)
Reliance scalded by $5 million penalty* Hot water heater rental supplier Reliance Comfort Limited Partnership has agreed to pay a $5 million fine and to change policies that made it difficult for customers to switch to a competitor, in a settlement reached with the Commissioner of Competition (...)

The German Competition Authority following its cartel proceeding forces an association of pharmacists to forego an anticompetitive clause in the sale of blood glucose strips market (AVWL)
German Competition Authority (Bonn)
Bundeskartellamt strengthens competition in the sale of blood glucose strips in Westphalia-Lippe* The Bundeskartellamt has concluded its cartel proceeding against the pharmacists association in Westphalia-Lippe (Apothekerverband Westfalen-Lippe e.V. Apothekerverband Westfalen-Lippe e.V. (...)

The Dutch Authority for Consumer and Markets closes its investigation against a pharmaceutical company suspected of abuse of dominance by differencing the price of its drug sold inside and outside of hospitals (AstraZeneca)
Netherlands Authority for Consumers & Markets (The Hague)
ACM closes investigation into AstraZeneca* The Netherlands Authority for Consumer and Markets (ACM) has carried out an investigation into the large price difference between the price that international pharmaceutical company AstraZeneca asked for heart burn drug Nexium sold inside hospitals, (...)

The UK Competition and Markets Authority issues its report wherein measures are proposed to increase competition in the private motor insurance market
United Kingdom’s Competition Authority - CMA (London)
The CMA has today published measures it expects to increase competition in the car insurance market and reduce the cost of premiums for drivers.* The measures are included in the final report of its investigation, conducted by an independent panel of members, into the private motor insurance (...)

The German Competition Authority again imposes fines on several manufacturers of concrete paving stones for having entered price-fixing agreements (AHE Verbundsteine Betonwaren)
German Competition Authority (Bonn)
Press Release published on the official website of the German Competition Authority. Bundeskartellamt imposes further fines on manufacturers of concrete paving stones on account of price-fixing agreements* The Bundeskartellamt has concluded its investigations in the cartel proceedings against (...)

The US District Court for the Southern District of New York denies motions for summary judgment in 2 class action suits alleging anticompetitive conduct in markets for TV & internet sports broadcasting (Laumann / National Hockey League & Lerner / Office of the Commissioner of Baseball)
McDermott Will & Emery (Paris)
On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these organizations and television providers conspired to hinder competition in (...)

The Russian Competition Authority confirms the payment of the fine inflicted to an insurance company having implemented an anticompetitive agreement (VSK)
Russian Federal Antimonopoly Service (Moscow)
An insurance company transferred over 4 million RUB of unlawfully gained income to the budget* The Office of the Federal Antimonopoly Service in the Tver region (Tver OFAS Russia) received a confirmation from “VSK” Insurance OJSC on executing a determination on the case on an unlawful agreement (...)

The Australian Competition and Consumer Commission grants authorisation to continue to apply a small levy on the sale of clay brick and concrete masonry products (ABBTF)
Australian Competition and Consumer Commission (Canberra)
ACCC reauthorises brick levy to help with bricklayer shortage* The Australian Competition and Consumer Commission has granted authorisation to the Australian Brick & Blocklaying Training Foundation (ABBTF), Think Brick Australia and the Concrete Masonry Association of Australia to continue (...)

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 Australian Competition and Consumer Commission grants interim authorisation to enable taxi operators organised in cooperative networks to make and give effect to agreements within the same co-operative network as to the maximum fares charged for booked and contracted work
Australian Competition and Consumer Commission (Canberra)
ACCC permits Victorian country taxi co-ops to agree prices in the short term* The Australian Competition and Consumer Commission has decided to temporarily exempt Victorian country taxi operators working in co-operatives from competition laws so they can agree the maximum prices for their (...)

The UK Southwark Crown Court allows reporting of the fact that at an earlier hearing the accused pleaded guilty to the charge of criminal cartel offence (Peter Nigel Snee)
University of East Anglia (Norwich)
Article published on Centre for Competition Policy blog. The First Real Test of Sentencing for the UK Cartel Offence* A former managing director charged with the UK’s cartel offence has pleaded guilty to the criminal offence of price fixing. Peter Nigel Snee pleaded guilty to fixing the price (...)

The ACCC Commissioner emphasizes that airline alliances and code-sharing may promote efficient and competitive markets, but they also raise competition concerns
Australian Competition and Consumer Commission (Canberra)
Competition issues at the forefront in aviation* Competition issues have featured prominently in the rapidly changing aviation sector, ACCC Commissioner Dr Jill Walker said today at the Swinburne Aviation Industry Conference in Melbourne. “The competitive landscape in the airline market has (...)

The Australian Competition and Consumer initiates proceedings against two egg producing companies and the national industry body for an attempt to induce participation in a cartel (AECL)
University of New South Wales (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). ACCC cracks down on eggsplosive cartel attempt* In egg-citing news out of the Federal Court this week, the ACCC has instituted proceedings against two egg producing companies and the industry (...)

The Moscow Arbitration Court upholds the sanction pronounced by the Russian Competition Authority to a company that have restricted the competition in the market of the auctions for supplying two sets of measurement equipment (Sozvezdie)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court supported the position of the antimonopoly body in a case on violating the law by “Sozvezdie” Concern” OJSC* Arbitration Court took the side of the Office of the Federal Antimonopoly Service in the Voronezh region (Voronezh OFAS Russia) in a dispute with “Sozvezdie” Concern” (...)

The South African Independent Communications Authority requests investigation into possible restrictive horizontal practices between two broadcasters (SABC / MultiChoice)
Primerio (Washington)
Television antitrust saga continues, MultiChoice in the cross-hairs again* Interest group seeks antitrust investigation in free-to-air channels According to a press release by the Independent Communications Authority of South Africa (ICASA), the organisation proposed last on 4 April 2014 a (...)

The Australian Competition Authority issues a draft determination proposing to grant authorisation to make and give effect to a code of practice for traders of financial derivatives (CFD Forum)
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to authorise best practice standards in the provision of contracts for difference* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to enable current and future members of the Australian CFD Forum to make and (...)

The Danish Competition Council orders professional association to abstain from boycotting an internet portal which provides an easy-to-use online interface that allows quick access to offers on car repair (Association for Auto Repair Shops)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: The Association for Auto Repair Shops in Denmark (CAD) has illegally urged its members to boycott Autobutler* The Danish Competition Council has decided that the Association for Auto Repair Shops in Denmark (CAD) has violated the Competition Act by urging its member to boycott (...)

The High Court of New Zealand fines wood company for price fixing on the commercial timber market in the Auckland (Carter Holt Harvey)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Carter Holt Harvey fined for “classic” price fixing breaches* Commerce Commission General Manager Competition, Kate Morrison says the High Court’s decision to fine Carter Holt Harvey $1.85 million for price fixing in the Auckland (...)

The Bulgarian Commission for the Protection of Competition advocates for more competition on retail market of reimbursable drugs
European Commission (Brussels)
Bulgaria: The Commission for the Protection of Competition advocates for more Competition on Retail Market of Reimbursable Drugs* On 26 March 2014, the Commission for the Protection of Competition (CPC) adopted an advocacy opinion on the compatibility with competition rules of certain (...)

The Lithuanian Competition Council establishes a restrictive agreement as regards limitation of beer production and finds an infringement of Article 5 of the Law on Competition and Article 101 TFEU (Guild of Breweries)
Lithuanian Competition Authority (Vilnius)
Competition Council: the agreement among brewers was not based on concerns about the public health only* On 4 March, the Competition Council (the Council) announced that the Lithuanian Guild of Breweries, AB Gubernija, UAB Kalnapilio – Tauro grupė, UAB Restoranas Apynys, TŪB Rinkuškiai, UAB (...)

The OFT provides usefull insights into the role and challenges of competition law in public service markets (Higher Education Report)
University of Cambridge
Competition law and public services: insights from the OFT report into higher education* Recent public sector reforms have relied on choice and competition to increase the quality and quantity of service provision, whilst also controlling cost, through a programme known as Open Public (...)

The New Zealand Commerce Commission issues a warning pursuant to the removal of a restrictive clause from the community pharmacy services agreement (DHB / Pharma Association)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commission issues warning over ‘no discounting’ clause* The Commerce Commission has warned all New Zealand District Health Boards (DHBs) and pharmacies nationwide that “no discounting” clauses in the 2012 Community Pharmacy Services (...)

The Australian Competition and Consumer Commission grants authorisation to eight regional councils in New South Wales to enable them to jointly tender and contract for waste management
Australian Competition and Consumer Commission (Canberra)
Authorisation granted to eight NSW regional councils for joint tender arrangements* The Australian Competition and Consumer Commission has granted authorisation to eight regional councils in New South Wales to enable them to jointly tender and contract for waste collection services and (...)

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 Lithuanian Competition Council closes an investigation on the suspected anti-competitive agreement between the members of the national guild of breweries
Lithuanian Competition Authority (Vilnius)
Competition council closes investigation on suspected anti-competitive agreement between brewers* On December 23 The Competition Council (the Council) closed an investigation on the suspected anti-competitive agreement between the members of the Lithuanian Guild of Breweries. According to the (...)

The German Competition Authority discontinues proceedings against an appliance manufacturer following the manufacturer’s decision to apply the same rebates for brick-and-mortar and online sales (Bosch Siemens Hausgeräte)
German Competition Authority (Bonn)
Household appliance manufacturer Bosch Siemens Hausgeräte GmbH abandons anti-competitive rebate system* Bonn, 23 December 2013: As of 2014, the manufacturer of household appliances Bosch Siemens Hausgeräte GmbH will discontinue its system of performance rebates introduced on 1 January 2013. The (...)

The New Zealand Commission releases data on interchange and credit card settlements
New Zealand Commerce Commission
Commerce Commission releases data on interchange and credit card settlements* The Commission today released its ‘Evaluation of the 2009 interchange and credit card settlements’. This paper outlines the agreement the Commission reached with banks and financial institutions in relation to the (...)

The Australian Federal Court orders by consent the payment of $2.2 million in penalties for engaging in resale price maintenance for branded air conditioning products (Mitsubishi Electric)
Australian Competition and Consumer Commission (Canberra)
Mitsubishi Electric Australia to pay $2.2 million for resale price maintenance* The Federal Court of Australia has ordered by consent that Mitsubishi Electric Australia Pty Ltd (Mitsubishi Electric) pay $2.2 million in penalties for engaging in resale price maintenance. Resale price (...)

The Australian Competition and Consumer Commission proposes the re-authorisation of a professional conduct regime (RCSA)
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to grant authorisation to the Recruitment and Consulting Services Association’s Professional Conduct Regime* The Australian Competition and Consumer Commission has issued a draft determination proposing to re-authorise the Recruitment and Consulting Services Association’s (RCSA) (...)

The Swedish Competition Authority finds a breach of the proportionality principle in relation to the exclusion of suppliers who use more qualified nursing personnel than the minimum imposed in the tender specifications (Systrarna Odh)
Mircea (Bucharest)
Best country to grow old The UN ranked Sweden in a recent study as best country in the world for treatment of elderly. The Swedish public procurement markets for care services have been opened to competition via the system of public procurement and more recently via a system based on freedom (...)

The GermanCompetition Authority closes its investigation against online book trader into the “price parity” clauses (Amazon)
Ashurst (Milan)
Amazon Marketplace ends price parity* On 26 November 2013, Germany’s Federal Cartel Office (“FCO”) issued a press release stating that it has closed the investigation into Amazon’s “price parity” clauses applied in agreements with traders that operated on its Marketplace platform. In fact, on 27 and (...)

The German Competition Authority closes its proceedings against online book trader for enforcing price parity clauses on its marketplace platform (Amazon)
German Competition Authority (Bonn)
Amazon abandons price parity clauses for good* 26 November 2013: The Bundeskartellamt has today terminated its proceedings against Amazon for enforcing price parity clauses on its Marketplace platform after the company had met the requirements set by the authority. Andreas Mundt, President of (...)

The Australian Federal Court dismisses proceedings alleging the violation of price fixing prohibition in the loan arrangement services market (ANZ)
Australian Competition and Consumer Commission (Canberra)
ANZ found not to have breached price fixing provisions* The Federal Court has today dismissed proceedings brought by the Australian Competition and Consumer Commission alleging that Australian and New Zealand Banking Group Limited (ANZ) had breached the price fixing provisions of the Trade (...)

The Swedish Competition Authority examines in its pilot study the adoption by three municipalities of the free choice system in the home care sector
Swedish Competition Authority (Stockholm)
A fair system of choice requires transparent municipal accounting* There are many reasons why municipalities with systems of choice must employ open and clear financial follow-ups for their own operations subject to competition. This is emphasized in a pilot study, where the Swedish (...)

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

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

The Australian Competition and Consumer Commission Chairman welcomes the review of Australian competition law in order to better regulate supermarket issues and enhance consumer welfare
Australian Competition and Consumer Commission (Canberra)
ACCC Chairman addresses supermarket debate* Australian Competition and Consumer Commission Chairman Rod Sims today provided a regulator’s perspective on the debate surrounding the market share held by the two major supermarket chains. Mr Sims spoke at the Australian Food and Grocery Council’s (...)

The Australian Competition and Consumer Commission issues a draft determination proposing to re-authorise collective bargaining arrangements on behalf of visiting medical officers in public hospitals (NSW)
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to reauthorise AMA (NSW) to collectively bargain* The Australian Competition and Consumer Commission has issued a draft determination proposing to re-authorise collective bargaining arrangements put forward by the Australian Medical Association (NSW) for ten years. The AMA (NSW) (...)

The Russian Competition Authority welcomes the termination of an anti competitive agreement on the market of auto landing (URALSIB / Volkswagen)
Russian Federal Antimonopoly Service (Moscow)
“URALSIB” Bank and “Volkswagen Bank RUS” terminated an anticompetitive agreement on the market of auto landing* “URALSIB” OJSC and “Volkswagen Bank RUS” Ltd. informed FAS on executing a determination in an antimonopoly case. On 23rd October 2013, the Federal Antimonopoly Service (FAS Russia) found (...)

The UK Office of Fair Trading launches call for information on undergraduate higher education
European Commission (Brussels)
United Kingdom: The Office of Fair Trading launches Call for Information on Undergraduate Higher Education in England* On 22 October 2013, the Office of Fair Trading (OFT) launched a call for information on the provision of undergraduate higher education in England by universities and other (...)

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

The Australian Competition Authority allows the joint renegotiation of existing coal supply arrangements (Queensland power and Anglo Coal)
Australian Competition and Consumer Commission (Canberra)
ACCC allows electricity generators to jointly negotiate* The Australian Competition and Consumer Commission has granted authorisation to allow Queensland power generators CS Energy, Callide Energy, InterGen and Callide Power Management (the applicants) to jointly renegotiate existing coal (...)

Consumer protection: An overview of EU and national case law
General Court of the European Union (Luxembourg)
The relevance of consumers in the application of competition law Much has been written about objectives pursued through the application of the rules of competition. But no final or decision conclusion has ever been reached on this difficult topic. The fact of the matter is that competition has (...)

The Hungarian Competition Authority finds vertical restrictive agreements between book publishers and retailers and imposes fines (Pécsi Direkt)
Hungarian Competition Authority (Budapest)
Restrictive agreements on the book market* The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) determined that Pécsi Direkt Kereskedelmi és Szolgáltató Kft., Líra Könyv Zrt., Libri Könyvkereskedelmi Kft, and Sun Books Könyvkereskedelmi Kft ("f.a." - being liquidated), which are book (...)

The Dutch Competition Authority declares that a deal over closing down coal power plant is harmful to the consumer
University of Groningen
Sustainable Competition law; Competition Law Kills Coal Closure Plan, Or Does It?* This post concerns a bit of a Dutch thing, namely the ‘position’ of the Dutch National Competition Authority ACM on an agreement by electricity producers active on the Dutch market, but it is interesting more (...)

The Irish Competition Authority welcomes recommendations for reforming registration of architects
Irish Competition Authority (Dublin)
Competition Authority welcomes recommendations for reforming registration of architects - consumers will ultimately be the winners* “Consumers will ultimately be the winners if reforms designed to strengthen the registration process for architects are implemented” says Isolde Goggin, Chairperson (...)

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

The UK OFT establishes vertical restrictions on the market for supply of mobility scooters, though no fines can be imposed (Roma Medical Aids)
Max Findlay (London)
Not playing nicely* Recently, there have been two striking cases of organisations behaving badly in a way that the outside world would think was well out of order. In the first example – the Roma Medical Aids case – it isn’t just about somebody breaking the rules. It’s about a company acting in a (...)

The Chinese Shanghai Higher Court renders final judgment in first antitrust private action (Rainbow / Johnson & Johnson)
King & Wood Mallesons (Beijing)
Chinese Court Rendered Final Judgment on Rainbow v. Johnson & Johnson – the First Antitrust Private Action of Vertical Monopolistic Agreement* On 1 August 2013, the very same day of the fifth anniversary of China’s Anti-Monopoly Law (“AML”), Shanghai Higher People’s Court (“Shanghai Higher (...)

The Chinese Shanghai People’s Court orders a manufacturer to pay 530,000 Yuan for setting an artificial price floor (Rainbow / Johnson & Johnson)
Morrison & Foerster (Washington)
Manufacturer Loses Landmark Chinese Antitrust Lawsuit* In the first vertical monopoly ruling in favor of a plaintiff in an antitrust case in China, a manufacturer has been ordered to pay 530,000 Yuan (roughly ($86,000) for setting an artificial price floor. In the case, the manufacturer was (...)

The German Competition Authority expresses concerns about best price clauses for operator of internet platform (HRS-Hotel Reservation Service)
European Commission (Brussels)
Germany: The Bundeskartellamt expresses Concerns about Best Price Clauses for Operator of Internet Platform* On 25 July 2013, the Bundeskartellamt (BKartA) addressed a second statement of objections to HRS-Hotel Reservation Service Robert Ragge GmbH, Cologne (HRS), a hotel booking platform. A (...)

The French Competition Authority carries out an inquiry in the area of prescription medicine distribution in private practices
Autorité de la concurrence (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence is submitting to public consultation an initial assessment in which it has identified several potential sticking points* Medicinal products are the second-largest (...)

The Chinese NDRC announces an antitrust investigation into foreign manufacturers of infant milk formula
University of East Anglia (Norwich)
Article published on Centre for Competition Policy blog. Chinese Milk Powder Case: How Should We Interpret a Price Cut on the Announcement of an Antitrust Investigation?* Earlier this month, China’s National Development and Reform Commission (NDRC) announced an investigation into foreign (...)

The Finnish Competition and Consumer Authority recommends a swift review of regulation of store locations in order to improve competition
Finnish Competition and Consumer Authority (Helsinki)
FCCA recommends a swift review of regulation of store locations in order to improve competition* A report Regulation of store locations – Perspective of entry and competition published on 6 June 2013 by the Finnish Competition and Consumer Authority finds that, if the regulation of store (...)

The Romanian Competition Authority issues a report on an inquiry into the multilateral interchange fees in the payment cards sector
European Commission (Brussels)
Romania: Report on Inquiry into Multilateral Interchange Fees in Payment Cards Sector* On 22 February 2011, the Romanian Competition Council (RCC) opened an inquiry into the card payment services sector. The findings of this inquiry were presented in a final Report published on 30 May 2013. (...)

The New Zealand Commerce Commission issues a formal warning against attempt to fix prices for sanding and polishing services in the Taranaki region (Ansell Flooring)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Taranaki flooring company warned over attempts to fix prices* The Commerce Commission has issued a formal warning to flooring company Ansell Flooring Limited for attempting to fix prices for sanding and polishing services in the (...)

The UK OFGEM fines £10,5 million an energy supplier for numerous breaches of its obligations relating to telephone, in-store and doorstep sales activities (SSE)
Jacobs (Glasgow)
Ofgem published its intention to fine SSE £10.5 million for numerous breaches of its obligations relating to telephone, in-store and doorstep sales activities. The level of fine reflects the seriousness and duration of breaches, the likely substantial harm that they have caused and the likely (...)

The French Competition Authority issues an opinion on the generalisation of complementary health insurance
Autorité de la concurrence (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence recommends that each company remain free to choose its complementary health insurance body*. On 1 February 2013, the Association pour la promotion de l’assurance collective (APAC) (...)

The UK Parliament adopts regulations on procurement, patient choice and competition in the health care sector requiring EU-compliant interpretation
University of Bristol - Law School
New Paper: A critical assessment of the new health care procurement rules in the UK* The recently adopted UK National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 include an interesting (and somehow unsettling) provision authorising anti-competitive (...)

The U.S. FTC files amicus curiae brief supporting generics’ claim in patent dispute (Actelion Pharms / Apotex)
DLA Piper Weiss-Tessbach (Vienna)
U.S. FTC files amicus curiae brief supporting generics’ claim in patent dispute* On 11 March 2013 the U.S. Federal Trade Commission (“FTC”) filed an amicus curiae brief in the case Actelion Pharms Ltd. V. Apotex Inc. which is being heard in the U.S. District Court for New Jersey supporting the (...)

The Italian Competition Authority opens investigation against pharmaceutical companies over suspected cartel activity in the ophthalmologic medicines market (Roche / Novartis)
Van Bael & Bellis (Brussels)
On 14 February 2013, the Italian Competition Authority (the “Authority”) announced that it had opened an investigation against Genentech Inc., Hoffmann-La Roche Ltd, Novartis AG, Novartis Farma S.p.A. and Roche S.p.A., over suspicions that these may have been operating an illegal cartel in (...)

The Italian Competition Authority opens proceedings against pharmaceutical companies in relation to an alleged anticompetitive agreement for restricting drug sales (Roche / Novartis)
Ashurst (Milan)
Roche and Novartis investigated for an alleged cartel in Italy* On 6 February 2013 the Italian Competition Authority opened proceedings against the Roche Group and the Novartis Group in relation to an alleged anticompetitive agreement for excluding the ophthalmic use of Roche’s Avastin in order (...)

The Italian Competition Authority launches an investigation against pharmaceutical companies suspected of restricting drug sales (Roche / Novartis)
Studio Legale Scoccini E Associati (Rome)
On February 6, 2013, the Italian Competition Authority ("ICA") launched a cartel investigation against Hoffmann-La Roche ("Roche"), Novartis, their respective Italian subsidiaries, and Genentec, a US company controlled by Roche and in which Novartis holds a 33% shareholding. The companies (...)

The Chinese NDRC imposes fines in a total amount of RMB 353 million on 6 LCD panel manufacturers (Samsung / LG / AU Optronics / Chunghwa / Chimei InnoLux / HannStar)
AnJie Law (Beijing)
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AnJie Law (Beijing)
NDRC Imposed the Penalty against LCD Panel Companies for Their Monopolistic Behavior* China’s National Development and Reform Commission (“NDRC”) has imposed a heavy penalty of total RMB 353 million yuan against six companies for the monopolistic behavior of price-fixing on liquid crystal display (...)

The Irish Competition Authority issues a guidance note setting out its view concerning preferred repairer arrangements in the insurance market
Irish Competition Authority (Dublin)
Competition Authority guidance on preferred repairers in the insurance market* The Competition Authority regularly receives complaints about ‘preferred repairer’ arrangements in the insurance market. We have assessed these arrangements from a competition perspective and published a guidance note (...)

The Danish Competition Authority publishes a report on mobile phone subscribers and insurance customers’ switching of service providers
European Commission (Brussels)
Denmark: Non-transparent Markets make Switch of Service Providers difficult* On 22 November 2012, the Danish Competition and Consumer Authority (DCCA) published a report on mobile phone subscribers and insurance customers’ switching of service providers. The main conclusions are: • Every (...)

The Danish Competition and Consumer Authority delivers an analytical report on consumer conditions in the estate agency market
Danish Competition and Consumer Authority (Copenhagen)
Room for Improvement in the Estate Agency Market* Consumers experience low transparency, poor possibilities for complaints and their trust in estate agents is low. In spite of active research before choosing real estate agent, many consumers are unsure whether they chose the estate agent (...)

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

The UK OFT reveals that eight NHS trusts have been engaged in the exchange of commercially sensitive information (SPHA)
University of Cambridge
Competition law and the National Health Service* On 16 August 2012 the Office of Fair Trading revealed that eight NHS trusts had been engaged in the exchange of commercially sensitive information. The information related to the price each would charge self-paying patients, or patients’ (...)

The US Third Circuit adopts the rule of reason analysis in evaluating the legality of reverse payment settlements by rejecting the "scope of patent" test and creating a Circuit split on this issue (Louisiana Wholesale Drug Company / Schering / Upsher-Smith)
Gill Jennings & Every (London)
On 16 July 2012, the US Third Circuit Court of Appeals rejected the scope of the patent test used by the New Jersey District Court in concluding that the patent settlement agreements (“Agreements”), providing for payments from Schering-Plough Corporation (“Schering”) (subsequently acquired by Merck (...)

The UK OFT fines leading airlines for anti-competitive practices in relation to the pricing of passenger fuel surcharges (British Airways / Virgin Atlantic Airways)
European Commission (Brussels)
United Kingdom: British Airways to pay £ 58 500 000 (approximately € 71 515 000) Penalty in OFT Fuel Surcharge Decision* On 19 April 2012, the Office of Fair Trading announced its decision that British Airways (BA) and Virgin Atlantic Airways (VAA) engaged in anti-competitive practices in (...)

A Kazakh court fines national oil and gas operator a total of KZT 438,6 M for an anticompetitive agreement on exclusive supply of liquefied petroleum gas (KazMunayGas)
Center for Development and Protection of Competition Policy (Astana)
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Ernst & Young (Astana)
On the 14 March 2012, the Specialized Administrative Court of Pavlodar city fined JSC National Company “KazMunayGas” (hereinafter – KazMunayGas) a total of KZT 438,6 mn for entering into an anti-competitive agreement with JSC “Helios”on exclusive supply of liquefied petroleum gas. KazMunayGas is (...)

The French Competition Authority issues an opinion on the dental prostheses sector
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité recommends a strengthening of patient-led competition amongst dental surgeons. It also calls for more price transparency from dental surgeons in order that patients are able to benefit from the (...)

The US DoJ issues in conjunction with the Department of Health and Human Services final statement as regards collaborations of independent health care providers and provider groups
Sheppard Mullin (San Francisco)
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Sheppard Mullin (Century City)
No Mandatory Antitrust Review for ACOs* The Department of Justice and Federal Trade Commission recently issued their final "Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program" pursuant to the 2010 Patient (...)

The German Higher Regional Court of Düsseldorf upholds customer protection provision due to lack of an appreciable restriction of competition (Pet Food)
Van Bael & Bellis (Brussels)
On 28 September 2011, the Higher Regional Court of Düsseldorf (“the Court”) handed down a judgment on appeal regarding the validity of a section of a supply contract concluded between a manufacturer of pet food and a wholesaler. The relevant section of the contract, included, among other (...)

The US Court of Appeals For the Seventh Circuit holds claims against a foreign price-fixing cartel in the potash industry to be either exempted under the Foreign Trade Antitrust Improvements Act or insufficient to state a cause of action under the Twombly/Iqbal pleading standards (Potash)
Cleveland University - Marshall School of Law
Potash Potash Potash!!!!! En Banc Review Is in the Hizz-ouse, Y’all!* Something striking occurred in the Seventh Circuit this year. In two different, massive antitrust class actions, in the space of about nine months, panels of that court applied the Twombly-Iqbal pleading formula to reach (...)

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

The French Competition Authority launches sector inquiry into automotive aftermarkets
European Commission (Brussels)
France: The Autorité de la concurrence launches Sector Inquiry into automotive Aftermarkets* On 4 July 2011, the Autorité de la concurrence (the Autorité) launched an ex officio sector inquiry regarding car services aftermarkets, after spotting a significant increase in the price of those (...)

The Canadian Competition Bureau seeks to prohibit alleged anticompetitive practices in real estate industry (Toronto Real Estate Board)
Commonwealth Secretariat (London)
Introduction Canada’s Competition Bureau (the "Bureau"), an independent law enforcement agency that assists the Commissioner of Competition (the "Commissioner") in the administration and enforcement of the Competition Act (the "Act"), and the Canadian real estate industry are at odds again. (...)

The Bulgarian Competition Authority adopts an opinion on draft amendments to the law on electronic communications
European Commission (Brussels)
Bulgaria: The Commission for the Protection of Competition (CPC) welcomes pro-competitive Amendments to Telecommunications Legislation* On 12 May 2011, the Commission on Protection of Competition (CPC) adopted an opinion on draft amendments to the Law on Electronic Communications (LEC). Some (...)

The Italian Antitrust Authority starts investigation against publishing company under article 27 section 12 of the Italian consumer code (International Masters Publishers)
Codacons (Rome)
The Italian Competition Authority (hereinafter ICA), in the decision of 18th March 2010 PS 22364, revealed that International Masters Publisher S.r.l (hereinafter, IMP), had breached articles 21, 22, 24, 25 section d, 26 section f, for unfair practice. Particularly, the practice consisted of: (...)

The Mexican Congress passes a bill of amendments to the Mexican competition law
Creel García-Cuéllar Aiza y Enríquez SC (Mexico)
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Rico, Robles, Libenson y Bernal (Mexico)
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Rico, Robles, Libenson y Bernal (Mexico)
Between late April 2011 and early May 2011, the Mexican Congress and President Calderón completed the legislative process initiated in April 2010 to pass a bill of amendments to the Mexican Competition Law (the “Reform”). (The Mexican Competition Law was enacted on December 18, 1992 and became (...)

The Chinese National Development and Reform Commission fines an international brand consumer products company for disseminating information on price increases and disrupting market order (Unilever)
Lni avocats (Paris)
China’s price law and regulations expressly stipulate the form of and legal liability for disseminating information of price increases. Article 14 of the Price Law of the People’s Republic of China stipulates that no operator shall engage in falsifying and disseminating information of price (...)

The Canadian police arrests a man for alleged breach of a consent agreement involving unfair marketing practices (Strategic Ecomm / Matthew Hovila)
Commonwealth Secretariat (London)
I. Introduction The long arm of Canadian competition law caught up with Matthew Hovila on 15 January 2011 when he was arrested for the operation of an alleged online job opportunities scam and breach of a consent agreement filed with the Competition Tribunal (the "Tribunal") pursuant to the (...)

The Belgian Criminal Court in Ghent fines a supermarket chain for misleading advertising due to the absence or limited availability of products subject to special promotion (Lidl)
UGGC Avocats (Brussels)
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Buyle Legal (Brussels)
I. Introduction In a judgment dated 12 January 2011, currently under appeal, the Ghent Criminal Court imposed a € 27,500 fine on the supermarket chain Lidl for advertising on a national scale products at a discounted price that were either not available or available only for a very short time (...)

The US Court of Appeals for the 7th Circuit upholds the plausibility of a claim for alleged conspiracy in the telecommunications sector under the Twombly standard (Text messaging antitrust litigation)
Wolters Kluwer (Riverwoods)
Conspiracy to Fix Prices for Text Messaging Services Plausible* Antitrust plaintiffs asserting price fixing claims do not need a “smoking gun” to avoid dismissal of their complaint and proceed to discovery. Yesterday, the U.S. Court of Appeals in Chicago decided that consumers plausibly alleged (...)

The US FTC finds Michigan realtors’ policies violated antitrust laws in far reaching decision for joint ventures (Realcomp)
Jones Day (Washington DC)
Last week the Federal Trade Commission ruled that a Michigan realtors’ group violated federal antitrust law by limiting the publication of certain types of real estate listings within its Multiple Listing Service (MLS) and publicly accessible real estate web sites. Reversing a 2007 ruling by an (...)

The French Competition Authority issues a communication reviewing its initiatives in the retail sector following a European public consultation
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The retail sector, a priority for the Autorité de la concurrence*. The Autorité de la concurrence has published today a communication reviewing its initiatives in the retail sector. This contribution follows (...)

The German Cartel office issues new information leaflet on the advantages of an efficient and successful fight against cartels
European Commission (Brussels)
Germany: New Information Leaflet by the Bundeskartellamt (BKartA) on the Advantages of an efficient and successful Fight against Cartels On 6 September 2010, the BKartA published a new information leaflet for the general public, which sheds light on the benefits of fighting cartels. Its main (...)

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

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

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

The Spanish Competition Authority publishes a report on competition and the agrifood sector (Competencia y Sector Agroalimentario)
Hogan Lovells (Madrid)
On 16 June 2010, the Council of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia, hereinafter the "Council", "the NCC") published its Report on "Competition and the Agrifood Sector" ("the Report"). The Report is the consequence of a formal request made on 17 (...)

The Spanish Competition Authority issues a report on the agri-food sector and considers conditions for a more lenient policy (2010 - Informe sobre competencia y sector agroalimentario)
European Court of Justice (Luxembourg)
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Garrigues (Brussels)
Both the European Commission and national competition authorities have been traditionally cautious on the application of Article 101 TFEU to undertakings in the agricultural sector. It was due to the specificity of this sector that Council Regulation 26/62 established certain exceptions to the (...)

The Canadian Competition Bureau challenges real estate brokerage rules (Canadian Real Estate Association)
Commonwealth Secretariat (London)
Introduction Canada’s Competition Bureau, an independent law enforcement agency that assists the Commissioner of Competition (the “Commissioner”) in protecting and promoting competition, announced on 8 February 2010 that a notice of application would be filed on behalf of the Commissioner with (...)

The Croatian Administrative Court upholds the decision of the Competition Authority imposing interim measures following an assessment of the unilateral termination of the motor vehicle distribution agreement (Tomić)
University of Macau - Faculty of Law
On 27 January 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) imposing interim measures in the case of unilateral termination of the agreement on selective distribution of BMW automobiles. The applicant, Tomić & Co. d.o.o. (Tomic) was (...)

The Croatian Competition Authority holds illegal minimum price fixing agreement among residential management service providers (Eki Inginjering)
University of Macau - Faculty of Law
In December 2008 the Croatian Competition Authority (AZTN) received a complaint submitted by the consumer protection organization “Istrian Consumer”. The complainant alleged that four providers of residential management services in the city of Pula (Eki Inžinjering d.o.o., Uljanik Upravljanje (...)

The Canadian Competition Bureau publishes guidance on “product of Canada” and “made in Canada” claims
Commonwealth Secretariat (London)
Introduction Canada’s Competition Bureau (the “Bureau”), an independent enforcement agency that assists the Commissioner of Competition (the “Commissioner”) in protecting and promoting competition, released its Enforcement Guidelineson“product of Canada” and “made in Canada” Claims(the “Guidelines”) (...)

The German Competition Authority fines three coffee roasters for price fixing (Tchibo / Melitta Kaffee / Alois Dallmayr)
European Commission (Brussels)
Germany: Coffee Roasters fined for Price Fixing In a decision of 18 December 2009, the Bundeskartellamt imposed fines totalling approximately € 159,500,000 on three coffee roasters and the six responsible employees. The companies involved are Tchibo GmbH, Melitta Kaffee GmbH and Alois Dallmayr (...)

The Canadian Competition Bureau takes action against a Manitoba-based resort company selling time share vacation properties for alleged deceptive marketing practices (Elkhorn Ranch & Resort)
Commonwealth Secretariat (London)
Introduction Canada’s Competition Bureau (“Bureau”), an independent enforcement agency that assists the Commissioner of Competition (“Commissioner”) in protecting and promoting competition, announced on 23 November 2009 that Elkhorn Ranch & Resort Ltd (“Elkhorn”), a Manitoba-based company (...)

The Serbian Competition Authority advises the Government to amend regulation of the insurance services in order to preserve competition among insurers (Regulation of the insurance services sector)
University of Macau - Faculty of Law
On 5 November 2009 the Serbian Competition Authority (KZK) issued an ex officio opinion regarding new regulation of the insurance sector brought about by the Law on Obligatory Insurance , which entered into force on 12/10/2009. KZK was of the opinion that new law substantially restricted (...)

The UK OFGEM inquires into pre-pay energy meters’ alleged overcharges still occurring despite introduction of new market rules (National Housing Federation)
Jacobs (Glasgow)
Five of the big six energy suppliers are still overcharging customers using pre-pay meters, despite new Ofgem rules, the National Housing Federation (the “NHF”) says. The New Measures Energy regulator Ofgem delivered a set of measures on 21st September 2009 which was aimed at making the market (...)

The French Competition Authority issues an opinion on the review of EU Regulation 2790/99 and of the EU guidelines on vertical restraints
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence welcomes the modernization undertaken by the European Commission and recommends that the Commission better explains the balance it intends to guarantee between online trade and (...)

The French Competition Authority issues an opinion on the effects of competition on the development of approved healthcare networks
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence stipulates the conditions under which the development of networks of approved health professions can be favorable to competition and in the interests of patients.* After a (...)

The Moldovan Competition Authority identifies unfair competition practices in the banking sector (Banca Naţională a Moldovei)
University of Macau - Faculty of Law
On 4 September 2009 National Agency for Protection of Competition (Agenţia Naţională pentru Protecţia Concurenţei) (ANPC) adopted a decision of non-intervention regarding the unfair competition practices observed in the banking industry. In November 2008 the ANPC initiated an investigation (...)

The Irish Competition Authority publishes information for consumers and businesses on the provision of pay-TV to apartment developments
Irish Competition Authority (Dublin)
Competition Authority Publishes Guidance on Pay-TV in Apartments* The Competition Authority has today published information for consumers and businesses on the provision of pay-TV to apartment developments. In recent years, the Authority has received a large number of complaints from (...)

A Portuguese self-regulation body for advertising suspends triple-play campaign due to misleading claim of optical fibre connections (PT Comunicações / ZON TV CABO)
DLA Piper (Lisbon)
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Abreu Advogados (Lisbon)
On 27 July 2009 ICAP - Instituto Civil da Autodisciplina da Comunicação Comercial (Civil Institute for Self-Discipline in Commercial Communication) ordered the suspension of the advertising campaign carried out by leading pay-TV operator in Portugal ZON TV CABO following a complaint by PT (...)

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

A French Court rules that search engines are not liable for the way a company is presented in their search results (Publison System v. Google France & Yahoo France)
Google (Paris)
A French firm discovered that results returned by major search tools pointed to excerpts of a website criticizing it. It sued the search tools, claiming they were disparaging. A French court of appeals finds that this neither constitutes unfair competition nor gives rise to liability. Facts (...)

The French Competition Authority fines several professional associations of dental surgeons for practices of boycott (Conseil national de l’Ordre des chirurgiens-dentistes)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence fines the National Board of the French Dental Surgeons Association (Conseil national de l’Ordre des chirurgiens-dentistes) and several of its regional boards for encouraging dental (...)

The French Civil Supreme Court rules that the violation by foreign websites of the obligation to inform consumers on the existence of a copyright levy constitutes unfair competition to a French company (Rue du Commerce / Dabs / Omnisoft and others)
Google (Paris)
Copyright laws of most European Member States provide that the price of storage products such as tapes or discs include a copyright levy, to compensate authors whose work will be copied on these media. The amount of this copyright levy differing from one country to another, resellers of such (...)

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

The US Federal Circuit dismisses antitrust claims against reverse payment agreement between pharmaceutical companies (Ciprofloxacin Hydrochloride)
ArbJournal
On 15 October 2008 the Federal Circuit affirmed the grant of summary judgment by the Court for the Eastern District of New York that patent settlement agreements («Agreements») entered into between Bayer AG and Bayer Corp (collectively «Bayer») and several manufacturers of generic drugs providing (...)

The EFTA Court issues landmark ruling concerning exhaustion of trademark rights (L’Oréal / Per Aarskog / Nille / Smart Club)
Van Bael & Bellis (Brussels)
On 8 July 2008, the EFTA Court issued a judgment concerning the interpretation of First Council Directive 89/104/EEC to approximate the laws of the Member States relating to trademarks (the “Trademark Directive”), in which it adopted the principle of mandatory EEA-wide exhaustion of trademark (...)

The EU Commission investigates into the use of multilateral interchange fees (Visa Europe)
Van Bael & Bellis (Brussels)
On 26 March 2008, the European Commission announced that it had launched an investigation into the use by Visa Europe Limited(“Visa”) of multilateral interchange fees (“MIF”) for cross-border sales transactions within the EEA and the imposition of a rule that all such transactions be honoured. The (...)

The Lisbon Commercial Court annulled twice Portuguese Competition Authority’s decisions convicting eleven flour milling companies for alleged cartel (Cerealis, Cerealis Moagens, Moagem Ceres, Granel)
Abreu Advogados (Lisbon)
In January 2004, following the news on the near-30% rise in bread price, the Competition Authority decided to open an investigation. After several searches, the Authority concluded that between December 2000 and September 2004 flour price increases were uniform as to the amount, date of (...)

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

The Italian Competition Authority enforces unfair commercial practice rules
Bonelli Erede (Rome)
Since Legislative Decree 146/2007 ("LD 146/2007") came into force last year, the Italian Competition Authority (the "ICA" or "AGCM") has mainly focused on promoting consumer welfare in terms of better prices, choice, quality, affordability, and safety, by enforcing the new rules on unfair (...)

The US Supreme Court reverses the 96 year old-doctrine governing resale price maintenance agreements as per se illegal replacing it with the rule of reason standard (Leegin Creative)
Hahn Loeser & Parks (Columbus)
Introduction In the summer of 2007, the United States Supreme Court overruled a ninety-six year old precedent when it overruled the historical decision of Dr. Miles in Leegin Creative Leather Products, Inc. v. PSKS, Inc.. Relying on economists’ views, the majority took a drastic measure and (...)

The French Competition Authority issues an opinion on quality label farm and food industry (Comité interprofessionnel de la volaille de Bresse)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Sale of intermediate products restricted to label producers: The Conseil de la concurrence examines whether it is compatible with competition law to reserve certain intermediate products for producers of a (...)

The Northern Irish Competition Authority publishes a market investigation on personal current account banking services
Hogan Lovells (London)
Overview On 15 May 2007, nine days in advance of its statutory deadline of 25 May 2007, the Competition Commission (the "CC") published its findings in its market investigation into personal current banking services in Northern Ireland. The market investigation was a result of a reference made (...)

The UK Competition Authority consults on remedies on the personal current account banking services market (PCA Northern Ireland)
Nestlé (Vevey)
On 6 March 2007 the UK Competition Commission (“CC”) published for consultation a proposed final remedies package to remedy the competition issues provisionally identified by the CC in its review of the personal current account (“PCA”) banking services market in Northern Ireland. The CC is the (...)

The UK Court of Appeal rules on the fixing of charges for sewerage services (Thames Water Utilities)
Brown Brothers Harriman (BBH) (Luxembourg)
On 29 November 2006, the Court of Appeal reversed the High Court ruling of 19 January 2006 on the claim arising from the Ministry of Defense (hereinafter “the MoD”) on repayments of metered sewerage services provided by the company, Thames Water Limited Utilities (hereinafter “Thames Water”). (...)

The Italian Competition Authority imposes the Italian Banks Association to withdraw its interpretative circular relating to the new provisions on the unilateral changes of banking contractual conditions (ABI)
Studio Legale DDPV (Rome)
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Area (Rome)
On 14 September 2006, the Italian Antitrust Authority (the “Authority”) started an in depth investigation (the “Decision”) to ascertain whether the circular, distributed by the Italian Banks Association (“ABI”) on 7 August 2006, and dealing with the application of new rules on unilateral changes to (...)

The Portuguese Competition Authority publishes a report in favour of liberalising the distribution of pharmaceutical products at retail level
London School of Economics
The Economics Department of the Catholic University of Portugal carried out a Report for the Portuguese Autoridade da Concorrência (hereinafter, “the NCA”) concerning the liberalisation of the resale of pharmaceuticals at retail level. The Report sought to: Identify barriers to entry arising from (...)

The French Competition Authority issues an opinion on the state of competition in the non-specialist large-scale retail sector (UFC Que Choisir)
French Competition Authority (Paris)
Rise in "back margins" paid to large-scale retailers, inflation and competition: In an opinion handed down to the consumers association UFC-Que Choisir on 18th October 2004, the Conseil de la concurrence emphasizes the effects of such a rise on increases in consumer products and the risks of (...)

The UK Competition Office concludes that a general terms of agreement of an association of insurers restricts competition (Association of British Insurers)
United Kingdom’s Competition Authority - CMA (London)
Association of British Insurer’s General Terms of Agreement* On 13 November 2002, the ABI notified its GTA between insurers and credit hire organisations (CHOs) to the OFT for a decision that the GTA did not fall within the Chapter I prohibition of the Competition Act 1998 (’the Act’) or, in the (...)

The Japan Fair Trade Commission renders its recommendations against manufacturers of cold-rolled stainless steel sheets and steel strips for having implemented an anticompetitive price fixing agreement (Nisshin Steel)
Japan Fair Trade Commission (Tokyo)
JFTC issues a recommendation to manufacturers of cold-rolled stainless steel sheets on price fixing* JFTC, following an investigating into manufacturers of cold-rolled stainless steel sheets and steel strips (Excluding cold-rolled narrow strips), issued today a recommendation to 6 companies (...)

The OECD holds a roundtable on universal service obligations
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In light of the written submissions, the background note and the oral discussion, the following points emerge: (1) Non-commercial service (...)

The EU Commission adopts a formal decision exempting the joint selling of the media rights of an international football tournament (UEFA Champions League)
DG COMP (Brussels)
"Football: joint selling of media rights"* 1. Introduction On 23 July 2003, the Commission adopted a formal decision exempting the joint selling of the media rights of the UEFA Champions League. The Commission concluded that the joint selling of the TV, internet and mobile telephone content (...)

The Dutch Competition Authority imposes fines for reduction of dealer fees for post-paid mobile telephone subscriptions and exchange of sensitive information (Ben Nederland / Dutchtone / KPN Mobile / O2 / Vodafone Libertel)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Fines Mobile Telephone Operators EUR 88 Million* The Netherlands Competition Authority (NMa) has imposed fines totalling EUR 88,000,000 on Ben Nederland B.V., Dutchtone N.V., KPN Mobile N.V., O2 (Netherlands) B.V. and Vodafone Libertel N.V. NMa has established that these companies (...)

The European Commission issues new explanatory brochure on block exemption regulation n° 1400/2002 on the motor vehicle sector bringing competition rules closer to consumers and market operators
DG COMP (Brussels)
"New explanatory Brochure on Commission Block Exemption Regulation n° 1400/2002 on the motor vehicle sector: bringing competition rules closer to consumers and market operators"* On 30 September 2002, the Directorate General for Competition of the European Commission published an Explanatory (...)

The EU Commission adopts an exemption decision on multilateral interchange fees clarifying the application of the competition rules to card payment systems (Visa International)
Hong Kong Competition Commission
"Clarifying the application of the competition rules to card payment systems: the Commission’s exemption decision on the Multilateral Interchange Fees of Visa International"* On 24 July 2002 the Commission adopted an exemption decision in its case concerning certain ‘multilateral interchange (...)

The French Competition Authority fines distributors and manufacturers for implementing anticompetitive agreements in the electrical appliances and audiovisual equipment market (Thomson and Akaï)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Electrical appliances and audiovisual equipment : the Conseil de la concurrence penalises an agreement between the main distributors and certain manufacturers* In a decision dated 28th June 2002, the Conseil (...)

The European Commission raises competition concerns about cooperation agreement between French and Italian airlines companies (Air France, Alitalia)
DG COMP (Brussels)
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French Civil Aviation Authority (DGAC) (Paris)
"Aviation: Commission raises competition concerns about co-operation agreement between Air France and Alitalia"* In November 2001, Air France and Alitalia notified to the Commission a number of co-operation agreements and requested an exemption under Regulation 3975/87, the regulation which (...)

The EU Commission defines principles of competition for the packaging waste recovery markets (Eco-Emballages)
European Commission - Secretariat General (Brussels)
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DG COMP (Brussels)
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DG JUST (Brussels)
"The Commission defines principles of competition for the packaging waste recovery markets"* I. Context The Commission has received notifications of a number of comprehensive, nation-wide packaging waste recovery systems. It has recently taken decisions with respect to two of them, namely the (...)

The Dutch Competition Authority receives communication from a group of supermarkets that they will abstain from price coordination behaviour on the market for milk distribution (Albert Heijn / Laurus / Schuitema / Dirk van den Broek / Nettorama)
Netherlands Authority for Consumers & Markets (The Hague)
Supermarkets Withdraw Surcharge on Milk, NMa Decides against Order Subject to Penalty* Albert Heijn, Laurus, Schuitema, Dirk van den Broek and Nettorama have informed the Dutch Competition Authority (NMa) that they will cease charging the surcharge of NLG 0.10 on milk that they introduced (...)

The European Commission imposes a fine on Dutch car manufacturers for obstruction of exports of new cars from the Netherlands (Opel Nederland, General Motors Nederland)
DG COMP (Brussels)
"Commission Decision of 20 September 2000 imposing a fine on Opel Nederland and General Motors Nederland for obstruction of exports of new cars from the Netherlands"* 1. Introduction The Commission imposed a fine of € 43 million on Opel Nederland B.V., the Dutch importer of cars of the Opel (...)

The OECD holds a roundtable on buying power of multiproduct retailers
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the background paper, and delegate submissions, the following key points emerge: (1) The last twenty (...)

The OECD holds a roundtable on resale price maintenance
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Resale price maintenance (RPM) specifies the final price that retailers charge consumers. This roundtable focused on the use of RPM for books, newspapers and similar cultural products. (...)

The European Commission approves a set of standard agreements notified by a Japanese electronics products manufacturer intended to create selective distribution system throughout Europe (Sony Pan-European Distribution Agreement)
DG COMP (Brussels)
"Selective distribution"* On 19 February 1993 Sony notified the “Sony Pan European Dealer Agreement” (PEDA) consisting of a set of standard agreements intended to create a selective distribution system throughout Europe for its consumer electronics products. The products covered by the PEDA are (...)

The Canadian and Indian Competition Authorities sign a memorandum of understanding on the application of competition laws
Commonwealth Secretariat (London)
Introduction Today’s global economy makes international cooperation in the enforcement of competition laws essential. To this end on 1 December 2014 Canada’s Commissioner of Competition (“Commissioner”) and the Competition Commission of India (“CCI”) signed a Memorandum of Understanding (“MOU”) on (...)

Dominance

The UK Competition Authority publishes update on its COVID-19 taskforce, including a number of excessive pricing complaints and investigations Free
United Kingdom’s Competition Authority - CMA (London)
CMA publishes update on COVID-19 Taskforce* The CMA has today published an update from its COVID-19 Taskforce, set up to monitor and respond to consumer and competition problems arising from the pandemic. As part of the Taskforce’s work, it asked the public for information about businesses (...)

The UK Competition Authority writes an open letter to the pharmaceutical and food and drink industries warning them not to exploit the COVID-19 outbreak to charge prices that might be deemed excessive Free
United Kingdom’s Competition Authority - CMA (London)
Coronavirus (COVID-19): CMA open letter to pharmaceutical and food and drink industries.* The Competition and Markets Authority has published an open letter for businesses in the pharmaceutical and food and drink industries. Details We have written an open letter to the pharmaceutical and (...)

The UK Court of Appeal provides guidance on the legal test for excessive and unfair pricing after finding that an undertaking is charged unfairly high prices for phenytoin sodium capsules (Flynn / Pfizer)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
,
Covington & Burling (Brussels)
Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal recently provided guidance regarding the legal test to determine whether (...)

The UK Court of Appeal provides guidance regarding the legal test to determine whether pricing is excessive and unfair in the pharmaceutical market (Flynn Pharma / Pfizer)
Covington & Burling (Brussels)
,
Covington & Burling (Brussels)
The UK Court of Appeal Clarifies the Legal Test for Excessive Pricing* Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal (...)

The UK Court of Appeal considers the test for excessive pricing after an undertaking had charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Bristow (London)
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Bristows (London)
Introduction In December 2016, the UK’s Competition and Markets Authority (CMA) found that Pfizer and Flynn had charged unfairly high prices for phenytoin sodium capsules, an important anti-epilepsy drug, in breach of competition law. The CMA imposed fines totalling £90 million. Pfizer and Flynn (...)

The UK Court of Appeal seeks to reinstate record fines totaling £89.4m imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Flynn Pharma / Pfizer)
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (Brussels)
,
Herbert Smith Freehills (London)
On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies (...)

The French Competition Authority fines a company for abusing its dominant position in the online search advertising market (Google)
Van Bael & Bellis (Brussels)
On 20 December 2019, the French Competition Authority (“FCA”) announced that it had imposed a € 150 million fine on Google for abusing its dominant position in the market for search advertising. This is the fourth antitrust fine imposed on Google by a competition authority of the EU in less than (...)

The French Competition Authority fines a research engine company for abuse of dominance in the search advertising market (Google)
French Competition Authority (Paris)
The Autorité de la concurrence hands down a €150M fine for abuse of a dominant position* Google has abused its dominant position in the search advertising market by adopting operating rules of its Google Ads advertising platform which are opaque and difficult to understand and by applying them (...)

The Hungarian Competition Authority fines €3,5 million a social network company for unfair commercial practices (Facebook)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
On 6 December 2019, the Hungarian Competition Office ("GVH") found that Facebook’s practice of referring to its services as “free” on its cover page and Help Centre misled Hungarian users. As a consequence, the GVH held that Facebook violated the Hungarian Unfair Commercial Practices Act ("UCPA") (...)

The Australian Competition Authority releases its final report on customer loyalty schemes with implications for all businesses that collect and use personal information
Herbert Smith Freehills (Melbourne)
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Herbert Smith Freehills (Melbourne)
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Herbert Smith Freehills (Melbourne)
The recommendations in the ACCC’s final report on loyalty schemes have implications for all businesses that collect and use personal information The Australian Competition and Consumer Commission (ACCC) has released the final report and recommendations coming out of its market study into (...)

The EU Commission imposes interim measures on a technology company suspected to have abused its dominance in the TV and modem chipset markets (Broadcom)
DG COMP (Brussels)
Antitrust: Commission imposes interim measures on Broadcom in TV and modem chipset markets* The European Commission has ordered Broadcom to stop applying certain provisions contained in agreements with six of its main customers. This will prevent serious and irreparable harm to competition (...)

The German Competition Authority and the Federal Network Agency issue their guidelines for the control of abusive practices in the electricity generation and wholesale trade sector
German Competition Authority (Bonn)
Control of abusive practices in electricity generation/wholesale trade: Bundeskartellamt and Bundesnetzagentur publish guidelines* The Bundeskartellamt and the Bundesnetzagentur are today publishing the guidelines for the control of abusive practices in the electricity generation and wholesale (...)

The Portuguese Competition Authority fines a company for abuse of dominance in the market for secondary reserve services (EDP Produção)
Portuguese Competition Authority (Lisbon)
AdC imposes fine of 48 million euros on EDP Produção for abuse of dominance* The AdC (Autoridade da Concorrência – Portuguese Competition Authority) imposed a fine of 48 million euros on EDP – Gestão da Produção de Energia, S.A., (EDP Produção), for abuse of dominance in the market for secondary reserve (...)

The EU Commission fines a beer company abusing its dominant position through restrictions of cross-border sales (AB InBev)
DG COMP (Brussels)
Antitrust: Commission fines AB InBev €200 million for restricting cross-border sales of beer* The European Commission has fined AB InBev €200 409 000 for breaching EU antitrust rules. AB InBev, the world’s biggest beer company, has abused its dominant position on the Belgian beer market by (...)

The German Competition Authority opens a consultation regarding its draft guidelines for the control of abusive practices in the electricity generation and wholesale trade sector
German Competition Authority (Bonn)
Consultation on the control of abusive practices in electricity generation/wholesale trade: Bundeskartellamt and Bundesnetzagentur publish draft guidelines* The Bundeskartellamt and the Bundesnetzagentur are today starting a consultation process on draft guidelines for the control of abusive (...)

The German Competition Authority orders to a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook)
Heinz & Zagrosek (Köln)
Bundeskartellamt hits „don’t like“-button on Facebook* On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here. It qualifies Facebook’s current practice of collecting and matching data (...)

The German Competition Authority prohibits a social network company for abusing its dominant position by combining its user data from different sources (Facebook)
German Competition Authority (Bonn)
Bundeskartellamt / Digital Economy Bundeskartellamt prohibits Facebook from combining user data from different sources* Bonn, 7 February 2019: The Bundeskartellamt has imposed on Facebook far-reaching restrictions in the processing of user data. According to Facebook’s terms and conditions (...)

The German Competition Authority finds the merging of user data from multiple sources to be both anti-competitive and in breach of the GDPR (Facebook)
Simmons & Simmons (London)
In one of the first decisions to consider data protection and competition issues side by side, the German competition regulator (the Bundeskartellamt) last week found that Facebook had both abused its market power in Germany and breached EU data protection laws in the way in which it collects (...)

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 Italian Competition Authority fines a social network 10 Million euros for unfair commercial practices using its subscribers’ data for commercial purposes (Facebook)
Italian Competition Authority (Rome)
Facebook fined 10 million Euros by the ICA for unfair commercial practices for using its subscribers’ data for commercial purposes On 29 November 2018 the Italian Competition Authority (ICA), closed the investigation opened last April for alleged violations of the Consumer Code by Facebook (...)

The OECD holds a roundtable on personalised pricing in the digital era
OECD - Competition Division (Paris)
As data analytics and pricing algorithms become common business practice in the digital era, there are growing concerns about the possibility that companies use such tools to engage in personalised pricing, a form of price discrimination that involves charging different prices to consumers (...)

The US DoJ reaches a settlement with a healthcare system related to provisions in a contract between the health system and commercial insurers (Charlotte Mecklenburg Hospital Authority)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Chicago)
THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation* The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to (...)

The Indian Competition Authority opens an investigation into abuse of dominance by a national railway company (Indian Railway Catering and Tourism Corporation)
Vaish (New Delhi)
CCI directs investigation on allegation of abuse of dominance by IRCTC* By way of order dated November 9, 2018 under Section 26(1) of the Act, CCI directed the DG to investigate the Ministry of Railways, Indian Railway Catering and Tourism Corporation Ltd (the Opposite Parties), for alleged (...)

The Portuguese Competition Authority issues statement of objections to a company for abuse of dominance to the detriment of consumers in the electricity market (EDP Produção)
Portuguese Competition Authority (Lisbon)
The Portuguese Competition Authority (Autoridade da Concorrência – AdC) issued a Statement of Objections against EDP – Gestão da Produção de Energia, S.A. (EDP Produção) for abuse of dominance in the market, a practice that led to price increases in electricity paid by Portuguese consumers. The AdC (...)

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 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 UK Competition Authority takes enforcement action against several hotel booking sites over potential breaches of consumer protection law
Bryan Cave Leighton Paisner (London)
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Bryan Cave Leighton Paisner (London)
UK COMPETITION REGULATOR TAKES ENFORCEMENT ACTION AGAINST HOTEL BOOKING WEBSITES* The UK’s Competition and Markets Authority (“CMA”) announced on 28th June 2018 that it is taking enforcement action against several hotel booking sites over potential breaches of consumer protection law. The CMA has (...)

The EU Commission fines a manufacturer of baseband chipsets for abusing its dominant position by using loyalty rebates (Qualcomm)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Brussels)
On 24 January 2018 the EC fined Qualcomm EUR 997 million for hindering competition on the market for Long-Term Evolution (LTE) basebands chips, in breach of Article 102 TFEU. Baseband chipsets, which enable smartphones and tablets to connect to cellular networks, are used both for voice and (...)

The EU Commission fines a baseband chipset manufacturer for abusing its dominant position (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Rome)
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Orrick, Herrington & Sutcliffe (Rome)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On January 24, 2018, the European Commission announced that it had fined Qualcomm EUR 997,439,000. The Commission thinks that Qualcomm had abused its dominant (...)

The German Competition Authority finds by a preliminary assessment that a social network company abused its dominant position by collecting and using data from third-party sources (Facebook)
German Competition Authority (Bonn)
Preliminary assessment in Facebook proceeding: Facebook’s collection and use of data from third-party sources is abusive* The Bundeskartellamt has informed the company Facebook in writing of its preliminary legal assessment in the abuse of dominance proceeding which the authority is conducting (...)

The German Competition Authority prohibits exclusive contracts between a seller of tickets and event organisers and advance booking offices (CTS Eventim)
German Competition Authority (Bonn)
Bundeskartellamt prohibits exclusive contracts between CTS Eventim and event organisers and advance booking offices* The Bundeskartellamt has prohibited CTS Eventim from using exclusive contracts which it has concluded with organisers of live entertainment events and advance booking offices. (...)

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 Australian Federal Court imposes a record penalty on a real estate company for false and misleading representations (We Buy Houses)
King & Wood Mallesons (Sydney)
Rotten Otton hit with highest ever ACL penalty* Following investigative action taken by the ACCC in 2015, the Federal Court has, yet again, broken its own record for penalties imposed under the ACL. In a warning to other companies offering wealth creation strategies that are too good to be (...)

The Indian Competition Authority clears dominant mobile messaging service from abuse of dominance allegations (Fight for Transparency Society / WhatsApp)
Vaish (New Delhi)
CCI closes allegation of abuse of dominance against WhatsApp* CCI vide its recent order dated June 01, 2017 has closed an allegation of abuse of dominant position against popular message service WhatsApp. The complaint against WhatsApp was filed by an individual Vinod Kumar Gupta on behalf of (...)

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 EU Court of Justice hands down a judgment on a reference for a preliminary ruling stating that comparative advertising can be misleading if consumers are not provided with information on the different format or size of shops where the products are sold (ITM / Carrefour)
McDermott Will & Emery (Paris)
UNFAIR COMMERCIAL PRACTICES: THE EUROPEAN COURT OF JUSTICE SPECIFIES CRITERIA FOR COMPARATIVE ADVERTISING* On 8 February 2017, the European Court of Justice (ECJ) handed down a judgment on a reference for a preliminary ruling stating that comparative advertising can be misleading if consumers (...)

The UK Competition Authority fines two pharmaceutical companies for charging excessive prices concerning an anti-epilepsy drug (Pfizer / Flynn)
United Kingdom’s Competition Authority - CMA (London)
CMA fines Pfizer and Flynn £90 million for drug price hike to NHS* The CMA has fined pharma companies Pfizer and Flynn Pharma nearly £90 million for charging excessive prices to the NHS for an anti-epilepsy drug. The Competition and Markets Authority (CMA) has imposed a record £84.2 million fine (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a laptop manufacturer (S. K. Mittal / HP)
Vaish (New Delhi)
CCI dismisses allegation of abuse of dominance against HP* CCI, by its order dated November 10, 2016, has dismissed allegation of abuse of dominance against HP for defective products and spurious spare parts. In the Information filed by an individual, Dr. S.K. Mittal, who was essentially (...)

The Indian Competition Authority opens an investigation into alleged abuse of dominance practices by the national gas supplier with its customers (Rico Auto / Omax Autos / Rico Castings / GAIL Gas Authority of India)
Vaish (New Delhi)
CCI initiates investigation against Gas Authority of India Limited (GAIL) for alleged abuse of dominance* CCI by its order dated October 3, 2016 has directed investigation against GAIL for alleged abuse of dominant position in relation to gas supply agreements (GSAs) with its customers. The (...)

The Indian Competition Appellate Tribunal sends a case back to the Indian Competition Authority for reconsideration of investigation’s findings (Jaypee Greens)
Vaish (New Delhi)
Competition Appellate Tribunal (COMPAT) set-aside CCI decision exonerating Jaypee Group for abuse of dominance and remands the matter back for re-consideration* COMPAT by its order dated September 28, 2016 has set-aside the order of CCI in which the CCI exonerated Jaypee Group from allegations (...)

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 People’s Court in Shanghai Pudong New Area finds that the unauthorised use of third-party information from review website is breaching the Chinese Anti-Unfair Competition Law (Dianping.com / Hantao / Baidu)
University of Melbourne
,
University of Melbourne
,
China Competition Bulletin (Beijing)
On 26 May 2016, the People’s Court in Shanghai Pudong New Area found in favor of Hantao in the company’s unfair competition lawsuit with Baidu. Dianping.com is a website owned by Hantao that collects local merchants’ information and attracts consumers to post reviews. Baidu was found to have (...)

The French and German Competition Authority publish a joint study on competition law and data
French Competition Authority (Paris)
The French Autorité de la concurrence and the German Bundeskartellamt publish joint paper on data and its implications for Competition Law* The increasing collection, processing and commercial use of data in digital markets has prompted a broad debate about the role of data in corporate (...)

The EU Commission sends a statement of objections concerning the imposition of restrictions on smartphone manufacturers and mobile network operators (Google Android)
Van Bael & Bellis (Brussels)
On 20 April 2016, the European Commission confirmed it issued a Statement of Objections (“SO”) to Google concerning the imposition of restrictions on Android device manufacturers and mobile network operators. The investigation was formally opened in April 2015. Google now has until July 2016 to (...)

The Indian Competition Appellate Tribunal upholds the Competition Authority’s decision and clarifies requirements for an interim injunction (Fast Track Call Cab / ANI Technologies - OLA Cabs)
Vaish (New Delhi)
COMPAT refuses interim relief to Fast Track Call Cabs in ongoing investigation against Ola for predatory pricing in radio taxi services in Bengaluru* COMPAT by its order dated March 9, 2016 has upheld the CCI order dated September 3, 2015 refusing to grant interim injunction against (...)

The German Competition Authority opens a proceeding against a social network company suspected to have abused its dominance by infringing data protection rules (Facebook)
German Competition Authority (Bonn)
Bundeskartellamt initiates proceeding against Facebook on suspicion of having abused its market power by infringing data protection rules* The Bundeskartellamt has initiated a proceeding against Facebook Inc., USA, the Irish subsidiary of the company and Facebook Germany GmbH, Hamburg. The (...)

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 Mexican Competition Authority launches a public consultation on guidelines for performing absolute monopolistic practices investigations
Mexican Competition Authority (Mexico City)
COFECE initiates public consultation on Guidelines for performing Absolute Monopolistic Practices investigations* The draft describes the nature of the investigation procedure for absolute monopolistic practices, how it is started and its main stages, among other aspects Mexico City, September (...)

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 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 Indian Competition Authority closes its investigation into abuse of dominance by the national railway company and associated catering and hospitality company, finding no infringement (Indian Railways / IRCTC)
Vaish (New Delhi)
CCI closes case against Indian Railway Catering and Tourism Corporation (IRCTC) and Ministry of Railways for alleged abuse of dominance* The CCI by its order dated August 10, 2015 has closed a case alleging abuse of dominance by IRCTC along with Ministry of Railways. The Informants had alleged (...)

The UK Competition Authority issues statements of objection to a pharmaceutical company and its distributors suspected of abuse of dominance in the market of phenytoin sodium capsules (Pfizer / Flynn)
United Kingdom’s Competition Authority - CMA (London)
CMA issues statement of objections to Pfizer and Flynn Pharma in anti-epilepsy drug investigation* The CMA has today issued a statement of objections to the pharmaceutical suppliers Pfizer and Flynn Pharma alleging that they have breached competition law. The Competition and Markets (...)

The Hungarian Competition Authority fines a water supplier for abuse of dominance (Tettye Zrt.)
Hungarian Competition Authority (Budapest)
Tettye Zrt. abused its dominant position* According to the decision of the Hungarian Competition Authority (GVH), Tettye Forrásház Zrt. (Tettye Zrt.) abused its dominant position by setting, from May 2011, excessive prices for its consumers for the proficiency test of subsidiary water-meters (...)

The Russian Competition Authority warns a public forecast about increased gasoline prices (Kortes)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning for a public forecast about increased gasoline prices* On 10 July 2015, the Federal Antimonopoly Service (FAS Russia) sent a warning to Deputy Head of the Department of Market Analysis and Survey, “Kortes” IATs” OJSC. The grounds were a public statement by Deputy Head of the (...)

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 Russian Competition Authority opens an investigation against a cellulose producer suspected to have fixed high prices (Arkhangelsk TsBK)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed elements of violations on the cellulose market* The Federal Antimonopoly Service (FAS Russia) opened a case against “Arkhangelsk TsBK” OJSC upon signs of fixing monopolistically high prices for cellulose from conifer wood (Part 1 Article 10 of the Federal Law “On Protection of (...)

The Pakistani Competition Authority issues a show cause notice concerning a suspected abuse of dominance in the markets for produced infant formula and follow-on milk and for domestically-produced packaged cereal-based baby product (Nestlé)
Competition Commission of Pakistan (Islamabad)
CCP takes notice of unreasonable increase in prices of lactogen and cerelac, issues show cause notice to leading food company* he Competition Commission of Pakistan (CCP) has issued a show cause notice to Nestlé Pakistan Limited for alleged violation of Section 3 of the Competition Act, 2010 (...)

The Russian Competition Authority fines an electricity provider for abuse of dominance (Lenenergo)
Russian Federal Antimonopoly Service (Moscow)
St Petersburg OFAS fined “Lenenergo” nearly 50 million RUB* The Office of the Federal Antimonopoly Service (St Petersburg OFAS Russia) found that “Lenenergo” OJSC abused dominance (Part 1 Article 10 of the Federal Law “On Protection of Competition”) and fined the company nearly 50 million RUB. The (...)

The Australian Federal Government proposes to extend consumer protections against unfair contract terms to some small business contracts
Cambre Associates (Brussels)
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Corrs Chambers Westgarth (Melbourne)
Extension of unfair contract terms protection to small businesses - Many franchise agreements likely to be caught* The Federal Government has released an exposure draft of proposed legislation that would extend consumer protections against unfair contract terms to small business contracts that (...)

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)
Autorité de la concurrence (Paris)
Online hotel booking sector* 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 (...)

The German Competition Authority sends a statement of objections to an online hotel booking company suspected to abuse of dominance (Booking.com)
German Competition Authority (Bonn)
Bundeskartellamt issues statement of objections regarding Booking.com’s ’best price’ clauses* Today the Bundeskartellamt has informed Booking.com Deutschland GmbH, Berlin, of its competition concerns regarding the continued use of ’best price’ clauses in its contracts with hotels in Germany. This (...)

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 Canadian Competition Bureau takes car rental companies to court for misinformation and unattainable advertised prices (Avis / Budget)
Affleck Greene McMurtry (Toronto)
Why Car Rentals Cost More Than Advertised: Avis and Budget Taken To Task By Competition Bureau* Canada’s Competition Bureau is accusing Avis and Budget of misleading consumers into thinking their rental car prices are lower than they actually are. The Bureau claims that prices are much higher (...)

The Netherlands Authority for Consumers and Markets provides insight into the application of competition law to the pricing and marketing strategies of originator companies
Simmons & Simmons (Brussels)
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Simmons & Simmons (Brussels)
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Simmons & Simmons (Amsterdam)
In brief In a policy paper, the Netherlands Authority for Consumers and Markets (ACM) examines how it can deal under competition law with pricing and marketing strategies of originators which impede the market entry of cheaper generic medicines. It focuses in particular on the strategies aimed (...)

The French Competition Authority and the UK Competition and Markets Authority publish their joint report on digital ecosystems
Autorité de la concurrence (Paris)
The French Autorité de la Concurrence and the UK Competition and Markets Authority have produced a joint report on ecosystems and their effects on competition.* The digital economy gives consumers and firms increased access to products, services, and information. These different products and (...)

The US District Court for the Eastern District of Pennsylvania allows “product hopping” claims to proceed based on allegations of removal of prior formulation and disparagement of generic competition (Suboxone)
Patterson Belknap Webb & Tyler (New York)
,
Patterson Belknap Webb & Tyler (New York)
Court Allows “Product Hopping” Claims to Proceed in Suboxone Litigation Based on Allegations of Removal of Prior Formulation and Disparagement of Generic Competition* We’ve previously discussed antitrust claims related to “product hopping”—allegations that pharmaceutical manufacturers have (...)

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 Russian Competition Authority concludes that a pharmaceutical company has abused of its dominance by refusing to supply medicine without any economic or technological reason (Novo)
Russian Federal Antimonopoly Service (Moscow)
“Novo Nordisk” again violated the antimonopoly law* On 25th August 2014, the FAS Commission found that “Novo Nordisk” Ltd. violated Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition” by refusing to supply medicines without any economic or technological reasons. Earlier FAS (...)

The Brazilian Administrative Council for Economic Defense issues two legal opinions in investigations related to sham litigation practices (Eli Lilly do Brasil)
Madrona Advogados (São Paulo)
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Tauil & Chequer in cooperation with Mayer Brown (Sao Paulo)
On August 20, 2014, the General Superintendence of the Administrative Council for Economic Defense (“CADE”) rendered two legal opinions in investigations related to sham litigation practices recommending to CADE’s Tribunal: (i) the conviction of the companies Eli Lilly do Brasil Ltda. and Eli (...)

The Latvian Competition Council imposes fines on an automobile constructor for having preventing its customers to perform maintenance and car repairs not covered by warranty to independent services without losing warranty of the car (AS „KIA Auto”)
Konkurences padome (Riga)
The Competition Council fines AS „KIA Auto”* On 7 August, the Competition Council (CC) of Latvia took a decision to fine AS „KIA Auto” for restricting car owners to perform repairs and maintenance not covered by warranty at independent services and to install spare parts of other manufacturers (...)

The Croatian Competition Authority orders interim measures against a car manufacturer for possibly abusing its dominant position (Peugeot Hrvatska / Auto Maksimir)
Croatian Competition Agency (Zagreb)
Press Release published on the official website of the Croatian Competition Agency . Open Proceeding and Interim Measure for Peugeot Hrvatska* In the proceeding initiated against Peugeot Hrvatska the CCA will establish whether the criteria for joining the authorised repairers’ network had (...)

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 Lithuanian Competition Authority finds that the difference between the terms and conditions of channel distribution rights sold to analog and digital television providers does not impede competition or significantly influence consumer welfare (Viasat World)
Lithuanian Competition Authority (Vilnius)
Competition Council: Viasat conduct does not impede competition* Competition Council (KT) terminated investigation into suspected abuse of dominance by Viasat World Limited and Viasat AS. The KT held that the actions carried out by the companies influence neither effective competition nor (...)

The Hungarian Competition Authority accepts commitments concerning changes made to the gas oil wholesale listed prices about an allegation of abuse of dominance (MOL)
Hungarian Competition Authority (Budapest)
GVH has accepted commitments offered by the MOL* The Gazdasági Versenyhivatal (GVH, the Hungarian Competition Authority) has accepted commitments offered by MOL Magyar Olaj-és Gázipari Nyrt (MOL – the Hungarian Oil Company). According to the commitments, in the next 5 years the changes made to the (...)

The Italian Competition Authority initiates antitrust proceedings concerning the use of most favored nation clauses in the online hotel reservations space (Booking.com / Expedia)
Ashurst (Milan)
Italian competition authority investigates online hotel bookings* On 7 May 2014, the Italian Competition Authority (“Agcm”) initiated proceedings (decision only available in Italian) against Booking.com and Expedia in the online hotel reservations space. This is yet another case in the wake of (...)

The Canadian Competition Bureau supports the Government’s intention to address unjustified cross-border price discrimination to reduce the gap between consumer prices in Canada and the United States
Steve Szentesi Law Corporation (Vancouver)
New CD Howe Report on Canada/US Price Gap: Tariff and Supply Management Issues (Not Retailer Market Power)* Earlier on 6 May 2014, the C.D. Howe Institute issued a new report on the Canada/U.S. retail price gap issue entitled Sticker Shock: The Causes of the Canada-US Price Differential (...)

The Russian Competition Authority issues a warning against a cellular operator prohibiting abuse of dominance (MTS)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning to “MTS” OJSC prohibiting abuses of market dominance* The Federal Antimonopoly Service (FAS Russia) investigated a case upon elements of violating the antimonopoly law by “MTS” OJSC. The cellular operator prevented porting the numbers of the Federation Council of the Federal (...)

The Australian Competition Authority institutes proceedings in the Federal Court of Australia against supermarket chain for exploitative conduct (Coles)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against Coles for alleged unconscionable conduct towards its suppliers* The Australian Competition and Consumer Commission (ACCC) has instituted proceedings in the Federal Court of Australia against Coles Supermarkets Australia Pty Ltd and Grocery Holdings Pty Ltd (together, (...)

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 fines an electricity supplier for abuse of dominance (Dagenoset)
Russian Federal Antimonopoly Service (Moscow)
OFAS fined “Dagenoset” OJSC 29 million RUB for violating the Federal Law “On Protection of Competition”* On 4th April 2014, the Office of the Federal Antimonopoly Service in the Republic Dagestan (Dagestan OFAS Russia) fined “Dagenergoset” OJSC over 29 million RUB for abusing market dominance. (...)

The Dutch Competition Authority decides not to take further action against a credit card company following the adjustment of the interbank tariffs for domestic credit-card payments (MasterCard)
Netherlands Authority for Consumers & Markets (The Hague)
ACM: MasterCard lowers tariffs for credit card payments* Over the next two years, financial-services company MasterCard will lower the tariffs that banks charge each other for processing domestic credit-card payments. As a result, businesses such as in retail and the hospitality industry will (...)

The Australian Competition Authority institutes proceedings in the Federal Court against pharmaceutical producer for alleged misuse of market power and exclusive dealing in relation to its supply of atorvastatin to pharmacies (Pfizer)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against Pfizer Australia for alleged anti-competitive conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Pfizer Australia Pty Ltd (Pfizer) for alleged misuse of market power and exclusive dealing in (...)

The Italian Council of State reinstates penalties against a company for an abuse of dominant position to artificially extend the patent protection (Pfizer)
Ashurst (Milan)
Italy’s Council of State reinstates the fine imposed on Pfizer for delaying a generic’s market entry* On 12 February 2014, Italy’s Council of State (the “CdS”) dismissed the ruling of the lower administrative court (the “TAR Lazio”) which quashed the decision of Italian Competition Authority (the (...)

The Canadian government proposes amendment of the Competition Act to prohibit unjustified price discrimination and reduce the gap between consumer prices in Canada and the United States
Davies Ward Phillips & Vineberg (Toronto)
Proposed Amendment to Canada’s Competition Act to Prohibit “Unjustified” Cross-Border Price Discrimination* On February 11, 2014, the Canadian government included in its federal budget a proposed amendment to the Competition Act to prohibit unjustified price discrimination to reduce the gap (...)

The Latvian Competition Authority fines sole supplier of natural gas for refusal to conclude new contracts (Latvijas Gāze)
Konkurences padome (Riga)
The Competition Council sets to change the practice of debt collection of AS "Latvijas Gāze"* AS "Latvijas Gāze" as the only natural gas supplier in Latvia has abused its dominant position in the market by refusing to conclude natural gas vendor contracts with new clients before debts (...)

The US District Court of California dismisses an action brought by a putative class of consumers on claims of monopolization of the aftermarket for iPhone apps (Apple)
Sheppard Mullin (San Francisco)
Plaintiffs Hit an Illinois Brick Wall: Indirect Purchasers of iPhone Apps Lack Standing to Bring Antitrust Suit* On December 2, 2013, United States District Judge Yvonne Gonzalez Rogers of the Northern District of California dismissed a case against Apple brought by a putative class of (...)

The Romanian Competition Authority opens a public consultation in respect of the commitments undertaken by telecom operators regarding the mobile termination rates (Orange / Vodafone / Cosmote and Digi Mobil)
Mircea (Bucharest)
The Romanian Competition Council starts a market test in respect of commitments regarding the mobile termination rates* The Romanian Competition Council (RCC) launched on 13 August 2013, the market test of the commitments proposed by the Romanian mobile network operators - Orange, Vodafone, (...)

The Japanese Congress enacts the Pass-on Consumption Tax Act (POCTA) to prevent exploitative abuse when consumption tax rates are raised in the near future
University of Tokyo
Japan has enacted an Act which is relevant to discussion of exploitative abuse. The Act in question is the Pass-on Consumption Tax Act (Act No. 41 of the 12th June 2013), termed “POCTA” in this essay. 1. Overview Japan plans to raise consumption tax rates (from 5% to 8%) on the 1st April 2014 (...)

The EU Commission seeks feedback on commitments meant to address competition concerns on the market for web search (Google)
Ashurst (Milan)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. European Commission market tests Google commitments in relation to online search and search advertising* On 25 April 2013 the European Commission published a (...)

The EU Commission announces the finalisation of a preliminary investigation into Europe’s five leading telecom operators concerning the standardization process for future mobile communications services and the likelihood of competition foreclosure (E5)
DLA Piper Weiss-Tessbach (Vienna)
European Commission closes preliminary investigation into E5* On 7 March 2013 the European Commission announced that it had closed its preliminary investigation into E5, i.e. Europe’s five leading telecom operators (Deutsche Telekom, France Telecom, Telefonica, Vodafone and Telecom Italia), (...)

The German Competition Authority institutes proceedings against seven district heating suppliers on suspicion of their charging abusively excessive prices (Dalkia)
German Competition Authority (Bonn)
Bundeskartellamt examines excessive district heating prices* The Bundeskartellamt has instituted proceedings against seven district heating suppliers on suspicion of their charging abusively excessive prices. The investigations will focus on around 30 different supply areas throughout nearly (...)

The Chinese Xi’an Intermediate People’s Court rules in favour of a consumer in a case of abuse of dominance on the market for local cable service (Shanxi Broadcast)
King & Wood Mallesons (Beijing)
Chinese Consumer Wins Abuse of Dominance Civil Action against Tie-in Sales in Program Bundling* On January 5th, 2013, the Xi’an Intermediate People’s Court (the “Court”) ruled in favor of a consumer who sued Shanxi Broadcast & TV Network Intermediary (Group) Co., Ltd. (“Network”), the local (...)

The U.S. FTC announces proposed settlement concerning practices in online search and advertising (Google search)
Stanford University - Stanford Law School
U.S. Federal Trade Commission announces proposed settlement with Google* On 3 January 2013 the U.S. Federal Trade Commission (FTC) announced that Google Inc. has agreed to not seek injunctive relief against rivals using its essential patents. The FTC also announced that Google has altered its (...)

The Spanish Competition Authority fines multinational electric utility company more than €10 million for unfair competition (Iberdrola)
University of Castilla-La-Mancha (UCLM)
The Spanish National Competition Commission has fined Iberdrola, the Spanish multinational electric utility company, 10,685,000 Euros for transferring customers from the distributor of last resort to the deregulated distributor without obtaining the customer’s express consent, as required by the (...)

The Irish Competition Authority closes its investigations with binding commitments undertaken by the TV broadcasting company concerning advertising airtime deals (RTE)
Irish Competition Authority (Dublin)
Successful resolution to complaint against RTÉ* The Competition Authority has published details of the successful outcome of an investigation involving RTÉ, following a complaint made by TV3. TV3 had complained that RTÉ’s “share deal” was anti-competitive. The share deal is a scheme used by RTÉ (...)

The Chinese Ministry of Information and Industry Technology promulgates the provisions on regulating the market order of internet information services
University of Melbourne
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China Competition Bulletin (Beijing)
,
Institute of American Studies (Beijing)
MIIT published the Provisions on Regulating the Market Order of Internet Information Services (Internet Information Service Rules) on 31 December 2011, which will take effect on 15 March 2012. MIIT had invited comments on two earlier drafts of the Internet Information Service Rules in January (...)

A Chinese Intermediate Court dismisses antitrust claims for failing to prove abusive conduct in the car aftermarket (Dongfeng Nissan case)
Institute of American Studies (Beijing)
The Dongfeng Nissan Case and the Gaps of China’s Competition Law Regime in Tackling Vertical Restraints* The recent Dongfeng Nissan Case shed some interesting lights on the status of vertical restraints rules in China, three years after China’s Anti-Monopoly Law (AML) became effective in August (...)

The Lithuanian Competition Authority presents an assessment of the impact of its activities on consumers
European Commission (Brussels)
Lithuania: Competition Council estimates Benefits of its Activity for Consumers* During a press conference held on 6 October 2011, the Competition Council (CC) has for the first time presented an assessment of the impact of its activities on consumers. The main purpose of this assessment was (...)

The US Senate Committee on the Judiciary, Subcommittee on Antitrust conducts hearings in an abuse of dominance investigation on the web search industry (Google)
Rimm-Kaufman Group (Charlottesville, VA)
Google Antitrust Hearing: 5 Takeaways* While yesterday’s Senate antitrust hearing on Google practices may have been more about spectacle than action, it was an opportunity to gain insights into the mindset of Google and the government officials that may seek to intervene in their operations. (...)

The Moldovan Competition Authority finds excessive tariffs charged by the bus terminal operators for their ticketing services (Auto Terminals and Stations)
University of Macau - Faculty of Law
On 13 May 2011 the Moldovan Competition Authority (ANPC) held that seven private bus terminal operators were imposing economically unjustified (excessive) charges for their ticketing services and thus committed an exploitative abuse of dominant position pursuant to the national equivalent of (...)

The Croatian Competition Authority finds no abuse of dominance in bundled insurance packages (Croatia osiguranje)
University of Macau - Faculty of Law
On 21 April 2011 the Croatian Competition Authority (AZTN) closed its investigation into the alleged abuse of dominant position by the leading insurance company Croatia osiguranje d.d. (Crosig). The AZTN found no abuse of dominance in the bundled insurance packages offered by Crosig stating (...)

The Belgian Constitutional Court finds that the Act on trade practices and consumer protection implementing Directive 2005/29/CE infringes the principle of non-discrimination of the Constitution
UGGC Avocats (Brussels)
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Buyle Legal (Brussels)
I. Introduction Exactly one year after the adoption of the Belgian Act of 6 April 2010 (MB 12.04.2010) on trade practices and consumer protection, the Belgian Constitutional Court found that it infringes the principle of non-discrimination enshrined in Articles 10 and 11 of the Belgian (...)

The Moldovan Competition Authority finds an exploitative abuse of dominant position in the invoicing practices of an electricity distributor (RED Union Fenosa)
University of Macau - Faculty of Law
On 22 February 2011 the Moldovan Competition Authority (ANPC) established that I.C.S. RED Union Fenosa S.A. (Union Fenosa) has abused its dominant position on the market for supply and distribution of electricity at regulated tariffs by including an automatic notice of disconnection in its (...)

The US District Court for Southern District of Ohio dismisses indirect purchasers class action challenging proposed reverse payment agreements as anticompetitive on an allegation of preventing a cheaper generic medicine to enter the market sooner (Plavix Indirect Purchaser)
Sheppard Mullin (San Francisco)
Indirect Purchaser Plavix Class Actions Tossed for Lack of Antitrust Standing* On January 31, 2011, the District Court for Southern District of Ohio granted defendants’ Rule 12(b)(6) motion, dismissing indirect purchaser class actions that challenged proposed reverse payment agreements as (...)

The French Competition Authority issues an ex-officio opinion on crossed usage of client databases in the telecommunications sector
European Commission (Brussels)
France: Autorité de la concurrence issues Ex-officio Opinion on Crossed Usage of Client Databases in the Telecommunication Sector On 14 June 2010, the Autorité de la concurrence delivered an opinion on the question of crossed usage of client databases (known as “cross selling” practices), and more (...)

The Hungarian Competition Authority accepts commitments to remedy a suspected abuse of dominant position concerning the pricing of mortgages vis-à-vis "captured consumers" (K&H Bank)
Baker McKenzie (Budapest)
The Hungarian Competition Council adopted a commitment decision terminating an investigation relating to the suspected abuse of dominant position by one of the leading banks in Hungary offering personal banking services, including housing loans (mortgages). The investigation was triggered by (...)

The German Federal Supreme Court confirms the permissibility of flexible pricing systems under competition and consumer protection law
Rocket Internet SE
In a ruling dated 29 April 2010 (n° I ZR 23/08) the German Federal Supreme Court (Bundesgerichtshof) confirmed that price system used in travel agency companies based on daily price adjustments, according to which the price is subject to changes up to 50 EUR per flight does not infringe German (...)

The Italian Competition Authority accepts commitments proposed by the historical postal operator during an investigation into possible abuse of dominant position in the collection and payment services sector (Poste Italiane / Aumento Commissione Bollettini)
European Commission (Brussels)
Italy: The Antitrust Authority (ICA) accepts Commitments by Poste Italiane On 16 December 2009, the Italian Competition Authority accepted binding commitments proposed by Poste Italiane during an investigation into a possible abuse of dominant position in the collection and payment services (...)

The EU Commission renders legally binding commitment offered by U.S. software undertaking concerning web browsers (Microsoft)
DG COMP (Brussels)
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DG COMP (Brussels)
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European Commission (Brussels)
"The Commission’s decision in the Microsoft Internet Explorer case and recent developments in the area of interoperability"* I. Commitment decision on the tying of Internet Explorer to Windows A. Introduction On 16 December 2009, the Commission adopted a commitment decision (‘the Decision’) (...)

The Maltese Competition Authority finds that the national airline’s decision to reduce the commission payable to travel agents for flight bookings does not fall foul of the rules of fair competition (Federation of Associations of Travel and Tourism Agents / Air Malta)
Sciberras & Lia (Valletta)
In terms of Article 13A of Maltese Competition Act (Chapter 379 of Laws of Malta, hereinafter referred to as ‘MCA’), the Director of the Office for Fair Trading (hereinafter referred to as ‘Director’) requested the Commission for Fair Trading (hereinafter referred to as ‘Commission’) to review its (...)