Dawn raids

Anticompetitive practices

The Swedish Competition Authority gains new powers and introduces changes after the transposition of the ECN+ directive
French Competition Authority (Paris)
March 2021 marks a new era for the Swedish Competition Authority (SCA - Konkurrensverket). Major amendments to competition legislation in the country have entered into force on March 1st, introducing changes that result in increased powers for the SCA. These new amendments come as fresh air, (...)

The German Parliament enters into force its 10th amendment to the act against restraints of competition bringing significant adjustments regarding advancing digitalization, changes in merger control, as well as data access claims
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
On January 19, 2021, the amendment of the German Act against Restraints of Competition ("ARC") has entered into force. In addition to the significant adjustments to the ARC regarding advancing digitalization, changes in merger control as well as data access claims, to pick out just a few of the (...)

The Spanish Competition Authority fines three solid fuel cartels and five directors €3.7 million (FISL / Grafitos / Toro)
Ashurst (Madrid)
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Ashurst (Madrid)
The Spanish competition authority ("CNMC") has fined six companies and five directors participating in three cartels, breaching EU and Spanish antitrust rules by fixing prices and other commercial conditions, sharing customers and exchanging commercially sensitive information for almost 20 (...)

The Japanese FTC brings criminal accusations with suspicion of bid-rigging against four wholesalers in the pharmaceutical sector (Alfresa / Mediceo / Suzuken / Toho)
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On December 9, 2020, the Japan Fair Trade Commission (“JFTC”) brought criminal accusations with regard to bid-rigging involving pharmaceutical products ordered by the Japan Community Healthcare Organization (“JCHO”). Three pharmaceutical wholesalers and seven individuals were indicted. According (...)

The Hellenic Competition Authority investigates alleged anti-competitive horizontal agreements and exclusionary practices in the provision of banking and payment services
Hellenic Competition Authority (Athens)
Communication on the progress of the HCC’s investigation in the banking sector* In November 2019, the Hellenic Competition Commission (HCC) conducted dawn raids, acting ex officio and following relevant complaints, at the premises of undertakings and their associations active in the banking (...)

The Polish Competition Authority conducts dawn raids and initiates explanatory proceedings against pharmaceutical wholesalers for allegations of exchange of information and price fixing (Neuca Spółka Akcyjna / Przedsiębiorstwo Dystrybucji Farmaceutycznej Slawex / Farmacol Serwis / Farmacol Logistyka)
Polish Competition Authority (Warsaw)
Do pharmaceutical wholesalers increase drug prices by exchanging information?* Could unfair market practices, resulting in higher drug prices and restriction of competition, be facilitated by the IT systems used by pharmaceutical wholesalers? President of UOKiK Tomasz Chróstny has initiated (...)

The Polish Competition Authority takes enforcement actions in the pharmaceutical sector
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The Polish competition authority, the Office of Competition and Consumer Protection ( UOKiK ), has proven to be an energetic enforcer of the competition rules. Over the past few days, UOKiK found itself in the limelight because of two new distinct inquiries in the pharmaceutical sector that (...)

The Norwegian Competition Authority carries out unannounced inspections in the sea freight market
Norwegian Competition Authority
Inspections in the market for sea freight* The Norwegian Competition Authority has carried out unannounced inspections in the market for sea freight. – The Competition Authority has concerns that companies in the market for sea freight may have exchanged competitively sensitive information (...)

The Georgian Parliament adopts amendments to its competition act
University of Oxford - Faculty of Law
Upgrading Georgia’s Competition Legislation – New Obligations and Balancing Benefits for Market Players* Recently, after almost 15 months of discussions, the Parliament of Georgia adopted a comprehensive set of amendments to the Law on Competition (hereinafter – “LC”). Prepared within the framework (...)

The Irish Competition Authority carries out unannounced inspections of garages and second-hand car dealerships in Dublin and Kildare
Irish Competition Authority (Dublin)
Unannounced car inspections take place in Dublin and Kildare* The Competition and Consumer Protection Commission (CCPC), assisted by colleagues from the Garda National Economic Crime Bureau, the Garda Stolen Vehicle Investigation Unit as well as local uniformed Gardaí, has completed a series of (...)

The Turkish Competition Authority publishes guidelines on the examination of digital data during on-site inspections
Erdem & Erdem (Istanbul)
Introduction Article 15 of Law on the Protection of Competition numbered 4054 (“Law”) authorizes the Competition Authority (“Authority”) to conduct on-site inspections at the undertakings’ premises if deemed necessary in carrying out the duties assigned to it by the Law. Pursuant to the relevant (...)

The Turkish Competition Authority publishes guidelines on the examination of digital data during on-site inspections
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(1) Introduction The Turkish Competition Authority (“ TCA ”) recently published its Guidelines on Examination of Digital Data during On-site Inspections (“ Guidelines ”), which set forth the general principles with respect to the examination, processing and storage of data and documents held in the (...)

The EU General Court partially annuls the decisions of the Commission to order dawn raids of a number of French retailers (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
White & Case (Brussels)
Partial annulment of European Commission decisions to order dawn raid inspections* On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French retailers.. The (...)

The EU General Court partially annuls Commission’s decision authorizing unannounced dawn raids to be carried out at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Dechert (Paris)
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Dechert (Paris)
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Dechert (Paris)
In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite unannounced inspections ("dawn raid”) to be carried out at the headquarters of (...)

The EU General Court partially annuls the Commission decision ordering inspections at French food retail chains headquarters (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Ashurst (Paris)
On 5 October 2020, the EU General Court ("GC") partially annulled European Commission ("Commission") decisions ordering inspections at ITM and Casino’s premises in 2017 following suspicions of illegal anticompetitive exchanges of competitively sensitive information. WHAT YOU NEED TO KNOW - KEY (...)

The EU General Court partially annuls the Commission inspection decisions ordering several French undertakings active in the distribution sector to submit to dawn-raid inspections (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Bird & Bird (Rome)
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Bird & Bird (Rome)
In October 2020, the General Court of the European Union (GC) issued an important decision in the joined Casino cases which promises to ensure that competition investigations will be more robust and afford greater protection to companies‘ rights. Both the European Commission (EC) and companies (...)

The EU General Court annuls partially the Commission’s decision ordering dawn raids on the premises of French supermarkets and their joint purchasing alliance (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On October 5, 2020, the General Court of the European Union partially annulled decisions of the European Commission ordering dawn raids on the premises of French supermarkets Casino and Intermarché and their joint purchasing alliance INCA Auchats (see cases T-249/17, T-254/17 and T-255/17). The (...)

The EU General Court partially annuls decisions ordering dawn raids at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
In three related judgments of October 5, 2020 (T-249/17, T-254/17 and T-255/17) the General Court (the “GC”) partially annulled European Commission inspection decisions which were the basis for dawn raids on several French retailers. The judgments further develop the position adopted in Czech (...)

The EU Court of Justice rejects power cables appeal on dawn raid powers and successor liability and fines the company €104.6 million for taking part in an international cartel (Prysmian)
Ashurst (London)
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Ashurst (Brussels)
On 24 September 2020, the European Court of Justice ("ECJ") fully dismissed an appeal brought by Prysmian, therefore upholding the European Commission’s ("Commission") decision to fine Prysmian EUR 104.6 million for taking part in an international power-cable cartel. WHAT YOU NEED TO KNOW - KEY (...)

The EU Court of Justice dismisses manufacturing company’s appeal against the fine imposed for the power cable cartel (Prysmian)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 24 September 2020, the Court of Justice (“ECJ”) rejected the Italian power-cable manufacturer Prysmi- an’s appeal against the € 104.6 million fine imposed on it by the Commission in 2014 for its involvement in the Power Cables cartel case. The ECJ upheld the earlier ruling by the General Court (...)

The Serbian Competition Authority launches dawn raids and proceedings against undertakings on the consumer electronic market (Roaming Electronics / Tehnomanija / Comtrade Distribution)
Serbian Commission for Protection of Competition
Commission Instituted Proceedings Against Undertakings on the Consumer Electronics Market* The Commission for Protection of Competition instituted ex officio proceedings to investigate infringements of competition, and carried out dawn raids at business premises of companies Roaming (...)

The Hellenic Competition Authority carries out dawn raids on undertakings and conglomerates active in the ferry boat connections sectors
Hellenic Competition Authority (Athens)
Press Release: Dawn raids in the ferry boat connections sector* Subject: Dawn raids in the ferry boat connections sector The Hellenic Competition Commission, as part of its work in sensitive sectors of the economy, carried out dawn raids on undertakings and conglomerates which are active in (...)

The EU Court of Justice rules on dawn raids, in particular on storing of data without prior selection, which is then examined in the offices of the Commission (Nexans)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
The CJEU ruled on the European Commission’s powers of inspections in cartel proceedings, in particular, regarding the power to copy data without a prior examination. On 2009, the Commission’s inspectors, accompanied by representatives of the French competition authority, visited the premises of (...)

The EU Court of Justice upholds the Commission’s right to continue inspection at Brussels premises in Power Cables cartel case (Nexans)
Van Bael & Bellis (Brussels)
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Zepos & Yannopoulos (Athens)
On 16 July 2020, the Court of Justice of the European Union (the “ECJ”) delivered a judgment dismissing the appeal by Nexans France and its parent company Nexans (together “Nexans”) against the judgment of the General Court of the European Union (the “GC”) in the Power Cables cartel case. By way of (...)

The Turkish Competition Authority fines financial institutions for not responding to information requests (Citibank / Goldman Sachs / ING Bank / JPMorgan / Türkiye Garanti Bankası)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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Esin (Istanbul)
No Excuses to Not Responding to Information Requests: Financial Institutions Case in Turkey* The issuance of requests for information (“RFIs”) within the scope of an investigation or a merger control case can be deemed one of the main tools that enables, on the one hand, a competition authority (...)

The Dutch Competition Authority opens investigation into possible buyer cartel involving reusable waste products and conducts dawn raids in the sector (Waste buyers cartel)
Netherlands Authority for Consumers & Markets (The Hague)
ACM conducts investigation into possible buyer cartel involving reusable waste products* The Netherlands Authority for Consumers and Markets (ACM) is conducting an investigation into a possible buyer cartel involving certain reusable waste products. As part of this investigation, ACM conducted (...)

The UK Competition Authority fines guitar maker a record-breaking £4.5M for engaging into online retail price maintenance (Fender)
Van Bael & Bellis (Brussels)
On 22 January 2020, the UK’s Competition and Markets Authority (the “CMA”) fined guitar maker Fender Musical Instruments Europe Limited and its US parent company, Fender Musical Instruments Corporation, (“Fender”) £ 4.5 million (approximately € 5.4 million) for infringing Article 101 Treaty on the (...)

The UK Competition Authority conducts an inspection and fines £4.5 million a company for engaging in resale price maintenance in the music sector (Fender Europe)
Bird & Bird (London)
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Bird & Bird (London)
After conducting a full investigation in April 2018, the CMA on 22 January 2020, fined Fender Musical Instruments Europe Limited (Fender Europe), an international seller of guitar instruments, £4,521,185 (the largest fine imposed in the UK for resale price maintenance) for its infringement of (...)

The German Competition Authority imposes fines totalling €154.6 million on plant protection product suppliers for agreeing on price lists, rebates and retail prices (Agravis / Agro Agrargroßhandel / BayWa / BSL Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / ZG Raiffeisen)
Van Bael & Bellis (Brussels)
On 13 January 2020, the German Federal Cartel Office (FCO) imposed fines totalling € 154.6 million on seven undertakings for agreeing on price lists, rebates and retail prices for plant protection products between 1998 and 2015. Fines were also imposed on employees implicated in the infringing (...)

The French Competition Authority carries out unannounced inspections in the port service activities sector in the Mayotte island
French Competition Authority (Paris)
Dawn raids in Mayotte* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the port service activities sector in the Longoni port (Mayotte island). Following authorisation from the liberty and custody judge, the investigation (...)

The Serbian Competition Authority issues its first decision granting an immunity from a fine of €500,000 to a cartel participant based on a leniency application (Konica Minolta distributors)
Schoenherr (Belgrade)
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Schoenherr (Belgrade)
Almost 10 years after the introduction of the leniency programme in Serbia, the Commission for Protection of Competition (’Commission’) adopted on 27 of September 2019 the first decision granting immunity from a fine to a cartel participant. This decision brings to life the 2009 statutory (...)

The French Competition Authority and the Austrian Competition Authority carry out unannounced inspections in the automatic swimming pool cleaning equipment distribution sector
French Competition Authority (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 French Competition Authority carries out unannounced inspections in the sector of crystal components distribution
French Competition Authority (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 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 French Competition Authority fines a company for obstructing the conduct of inspections in the sectors of engineering and technology consulting, IT services and software publishing (Akka)
French Competition Authority (Paris)
Engineering, IT services and software publishing* The Akka technologies Group is fined a total of 900 000 euros for obstructing the conduct of inspections made by the Autorité On 8 November 2018, the Autorité de la concurrence have raided the premises of companies and organisations in the (...)

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

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 French Competition Authority closes the case opened at its own initiative regarding practices implemented in the temporary work sector
French Competition Authority (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
French Competition Authority (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 Turkish Competition Authority finds no-poaching clauses in a gym company’s franchising agreements to be against competition law (BFIT)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of Turkish Competition Board’s (the “Board”) BFIT preliminary investigation decision (07.02.2019, 19-06/64-27) in which the Board evaluated non-compete and no-poaching obligations imposed by Bfit Sağlık ve Spor Yatırım ve Tic. A.Ş. (“BFIT”) to its franchisees. (...)

The Supreme Administrative Court of Czech Republic annuls fines imposed on members of a construction cartel as the evidence was obtained through fishing expeditions (Daich / Hochtief Cz / Swietelsky / Ave Cz / Vidox / Colas Cz / Ohl Žs / Lesostavby Třeboň)
Skils (Prague)
On 30 January 2019, the Supreme Administrative Court (SAC) rejected the cassation appeal lodged by the Office for Protection of Competition (Office) against the previous Regional Court in Brno (RCB) judgment which cancelled Office’s decision fining construction companies for alleged cartel (...)

The German Competition Authority fines a bicycle wholesaler for vertical price-fixing (ZEG)
German Competition Authority (Bonn)
Fine imposed on bicycle wholesaler ZEG for vertical price-fixing* The Bundeskartellamt has imposed fines totalling around 13.4 million euros on the bicycle wholesaler ZEG Zweirad-Einkaufs-Genossenschaft eG (ZEG), Cologne, and its representatives for fixing prices with 47 bicycle retailers. The (...)

The French Competition Authority carries out unannounced inspections in the luxury watch retail sector
French Competition Authority (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 Portuguese Competition Authority fines two insurance companies for market sharing (Fidelidade – Companhia de Seguros / Multicare – Seguros de Saúde)
Portuguese Competition Authority (Lisbon)
AdC imposes fines of €12 million on insurance companies for cartel settlement* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) imposed fines in the total amount of €12 million on the insurers Fidelidade – Companhia de Seguros and Multicare – Seguros de Saúde for market (...)

The Dutch Competition Authority opens an investigation concerning suspected price-fixing agreements between consumer-goods manufacturers and retailers
Netherlands Authority for Consumers & Markets (The Hague)
ACM investigates price-fixing agreements between consumer-goods manufacturers and retailers* The Netherlands Authority for Consumers and Markets (ACM) has launched an investigation into price-fixing agreements between consumer-goods manufacturers and retailers (including online retailers). ACM (...)

The Portuguese Competition Authority confirms unannounced inspections in five locations of four telecommunications operators
Portuguese Competition Authority (Lisbon)
AdC confirms dawn raids in four telecommunications operators* The Portuguese Competition Authority (AdC - Autoridade da Concorrência) confirms that it carried out dawn raids have been carried out in five locations of four telecommunication companies, following suspicions of antitrust practices (...)

The French Competition Authority fines several producers and wholesale distributors of liquid fertilizers for resale price maintenance (Canna France / GHE / Bertels / Biobizz / Hydro Factory / Hydro Logistique / CIS)
Autorité de la concurrence (Paris)
The Autorité hands down fines for anticompetitive practices to several producers and wholesale distributors of liquid fertilisers.* Why are vertical pricing agreements forbidden in competition law? Competition law generally forbids horizontal (between competitors) and vertical agreements (...)

The French Competition Authority fines six household appliance manufacturers for agreeing on price increases (BSH / Candy Hoover / Eberhart Frères / Electrolux / Indesit / Whirlpool)
Autorité de la concurrence (Paris)
The Autorité de la concurrence hands down fines worth a total of €189 million to six household appliance manufacturers, among the largest in the sector, notably for having agreed on price increases * Background Following evidence provided by the Directorate General for Competition Policy, (...)

The Czech Regional Court validates the legality of two dawn raids conducted by the Competition Authority that led to the discovery of cartels (AV MEDIA)
Skils (Prague)
Regional Court in Brno (RCB) dealt with two claims by AV MEDIA, a.s. challenging dawn raids conducted by the Czech Office for Protection of Competition (Office) at its premises in March and April 2018. The RCB found both dawn raids lawful and rejected both claims. Summary of Proceedings This (...)

The EU Commission sends a statement of objections to a railway company for obstruction during an inspection (ZSSK)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Slovak rail company ZSSK for obstruction during inspection* The European Commission has informed Slovak rail company ZSSK of its preliminary view that the company obstructed a Commission inspection by giving incorrect information and (...)

The EU Commission addresses a statement of objections to a Slovak rail company for an alleged obstruction of an investigation (ZSSK)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
In June 2016, the Commission dawn raided the premises of ZSSK, the Slovak incumbent rail operator. The dawn raids followed concerns that ZSSK may have entered into anticompetitive agreements with the aim of foreclosing the market of rail passenger transport to its competitors, in breach of (...)

The EU Commission changes its preliminary view on the inspection of a Slovak rail company and closes the infringement proceedings (ZSSK)
Havel, Holasek (Brno)
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Havel, Holasek (Bratislava)
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Havel, Holasek (Prague)
European Commission changed its preliminary view on the inspection in Slovak rail company ZSSK and closed the infringement proceedings* On 25 September 2018, the European Commission (“ Commission ”) published a press release that it sent a statement of objections to Slovak rail company ZSSK for (...)

The Portuguese Competition Authority sends a statement of objections to five railway maintenance companies and their directors and managers for alleged involvement in a cartel (Construções e Técnicas Ferroviárias / Indústrias Ferroviárias / Engenharia e Construção / Sociedade de Estudos e Construções / Engenharia e Obras Ferroviárias)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to 5 companies and 6 directors and managers for cartel in railway maintenance companies* The Portuguese Competition Authority (Autoridade da Concorrência - AdC) issued a Statement of Objections to railway maintenance companies of Mota-Engil, Comsa, Somague, (...)

The German Competition Authority fines two publishers for concluding illegal territorial agreements (DuMont / Bonner General-Anzeiger)
German Competition Authority (Bonn)
DuMont media group fined for concluding territorial agreements with the Bonner General-Anzeiger media group* The Bundeskartellamt has imposed fines amounting to a total of 16 million euros on DuMont Mediengruppe GmbH & Co. KG, an individual responsible and a lawyer. The company is accused (...)

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 French Competition Authority fines wholesale distributors of veterinary medicinal products and their professional association for anticompetitive practices (Alcyon / Coveto / Centravet)
Autorité de la concurrence (Paris)
Distribution of veterinary medicinal products* The Autorité de la concurrence fines wholesale distributors of veterinary medicinal products and their professional association nearly 16 million euros for anticompetitive practices The Autorité de la concurrence, which began proceedings ex officio (...)

The German Competition Authority fines several steel companies for price-fixing and exchanging information (ArcelorMittal Commercial Long / Cologne / Dörrenberg Edelstahl / Engelskirchen Kind & Co. / Edelstahlwerke / Wiehl / Saarstahl / Völklingen / Schmidt + Clemens / Lindlar and Zapp Precision Metals / Schwerte)
German Competition Authority (Bonn)
Bundeskartellamt imposes first fines totalling approx. 205 million euros on special steel companies* The Bundeskartellamt has imposed fines totalling approx. 205 million euros on six special steel companies, a trade association and ten individuals for concluding price-fixing agreements and (...)

The Moldovan Competition Authority prosecutes three companies for bid-rigging in public procurement of various software solutions (BTS PRO / MSA / Esempla Systems)
University of Macau - Faculty of Law (Macau)
On 28 June 2018, the Competition Council of the Republic of Moldova (CC) found that three undertakings, BTS PRO SRL, MSA Grup SRL, Esempla Systems SRL, have engaged in bid-rigging practices at the public procurement of various software solutions for the use by the public authorities. The CC’s (...)

The Czech Constitutional Court clarifies rules for challenging dawn raids (Eurovia)
Skils (Prague)
On 15 May 2018, the Constitutional Court (CC) declared that the Supreme Administrative Court (SAC) by its judgment of 21 November 2017 (Ref.No. 7 As 155/2015) violated Eurovia CS’s constitutional rights on protection of privacy and on fair trial and annulled that SAC’s judgment. The matter (...)

The EU Commission confirms that its officials carried out unannounced inspections in several Member States at the premises of metal packaging companies (Metal packaging manufacturers)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
On 24 April 2018, the European Commission carried out unannounced inspections at the premises of a number of companies active in metal packaging in several Member States. The Commission was accompanied by officials of the relevant national authorities. The investigation follows concerns about (...)

The German Competition Authority fines potato and onion packaging companies up to €13.2 million for fixing prices (Böhmer / Kuhn)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines totalling 13.2 million euros on potato and onion packaging companies* The Bundeskartellamt has imposed fines totalling 13.2 million euros on two potato and onion packaging companies for fixing prices in their supplies to the Metro group. The companies concerned (...)

The Indian Competition Authority fines battery manufacturers for cartel after a 6-year investigation including 2 leniency applications (Eveready Industries India / Indo National / Panasonic Energy India / Association of Indian Dry Cell Manufacturer)
Vaish Associates Advocates (New Delhi)
CCI Penalizes Batter Manufacturers’ Admitted Cartel - Decised Its Second Leniency Case* Competition Commission of India (CCI) by an order dated 19 April 2018, in its second decision on a leniency application, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency (...)

The Düsseldorf Higher Regional Court increases the fine against a drugstore company for vertical price fixing (Rossmann)
German Competition Authority (Bonn)
Vertical price fixing - Düsseldorf Higher Regional Court raises fine against drugstore chain Rossmann* Yesterday the Düsseldorf Higher Regional Court imposed a fine of 30 million euros against Dirk Rossmann GmbH (’Rossmann’). With its decision the Court has significantly raised the fine imposed by (...)

The Moldovan Competition Authority finds bid rigging practices in the public tenders for the procurement of various construction works (Ozun-Cons / Oztor / Eurodeviz)
University of Macau - Faculty of Law (Macau)
On 15 February 2018, the Competition Council of the Republic of Moldova (CC) found that Ozun-Cons SRL, Oztor SRL, Eurodeviz SRL have colluded on several occasions to participate with coordinated bids in the public tenders for the procurement of various construction works. The Project (...)

The Czech Supreme Administrative Court clarifies rules for challenging dawn raids by third parties (Colas)
Skils (Prague)
On 25 January 2018, the Supreme Administrative Court (SAC) rejected the cassation appeal lodged by COLAS CZ against the previous Regional Court in Brno (RCB) judgment rejecting COLAS CZ’s claim as being belated. The case concerned a challenge made by a co-cartelist to a dawn raid which had taken (...)

The Czech Supreme Administrative Court allows belated ex post review of dawn raid’s legality (Delta pekarny / Bakeries cartel)
Skils (Prague)
On 21 December 2017, the Supreme Administrative court rejected cassation appeals of both the Czech Office for Protection of Competition (“Office”) and all three claimants (participants to bakeries cartel), namely companies Delta Pekarny, OK Rest, and Penam against the previous judgment of the (...)

The Paris Court of Appeal grants legal privilege protection to in-house emails referring to the company’s defence strategy prepared by outside legal counsel (Whirlpool)
Epex Spot (Paris)
In its ruling issued on 8 November 2017, the Paris Court of Appeal (hereafter “the Court”) considers that in-house emails referring to a company’s defence strategy prepared by outside legal counsels but neither sent by or to an outside legal counsel were covered by lawyer-client privilege and (...)

The French Competition Authority fines three leading manufacturers of PVC and linoleum floor covering for cartel (Tarkett)
Autorité de la concurrence (Paris)
The Autorité has imposed sanctions totalling €302 million on the three leading manufacturers of PVC and linoleum floor covering, as a penalty for price fixing among other pratices.* Background Acting on information submitted by the Directorate General for Competition Policy, Consumer Affairs (...)

The German Competition Authority fines two manufacturers of industrial batteries and their representatives for cartel (Hawker)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines totalling approx. 28 million euros on manufacturers of industrial batteries* The Bundeskartellamt has imposed fines totalling around 28 million euros on two manufacturers of industrial batteries and their representatives for agreeing between them to levy the (...)

The Swedish Patent and Market Court of Appeal overturns Stockholm District Court’s decision and finds three healthcare providers not guilty of cartel (Aleris / Capio / Hjärtkärlgruppen)
Mannheimer Swartling (Stockholm)
No Bid-Rigging in Swedish Healthcare Case* At the end of April this year, a Swedish case involving alleged procurement collusion in healthcare markets reached its final conclusion. In a reversal of fortunes for the Swedish Competition Authority (SCA), the Patent and Market Court of Appeal (...)

The Egyptian Competition Authority issues its first bid-rigging cartel decision (Heart and chest surgeries cartel)
Helmy, Hamza & Partners (Baker McKenzie Cairo)
,
Queen Mary University (London)
On 7 March 2017, the Egyptian Competition Authority (ECA) issued its first bid-rigging cartel decision. The cartel involved seven of the biggest suppliers in Egypt of heart and chest valves and antioxidants for heart and chest surgeries, and related to public tenders for governmental and (...)

The German Competition Authority fines furniture manufacturers for vertical price fixing (Aeris)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on account of vertical price fixing in the sale of furniture* The Bundeskartellamt has concluded its cartel proceedings against furniture manufacturers for enforcing resale price maintenance on retailers. Fines totalling 4.43 million euros were imposed on the (...)

The German Competition Authority fines firms in the food retail sector for vertical price fixing (Neumünster)
German Competition Authority (Bonn)
Fine proceedings for vertical price fixing in the German food retail sector concluded* The Bundeskartellamt has concluded its last three pending proceedings concerning vertical price fixing in the food retail sector. The authority imposed fines totalling 18.3 million euros on EDEKA (...)

The Portuguese Competition Authority fines five paper envelopes manufacturers and distributors for engaging into a cartel (Copidata)
Portuguese Competition Authority (Lisbon)
Portuguese Competition Authority dismantles cartel of paper envelopes* The Portuguese Competition Authority (AdC) dismantled a five-member cartel of paper envelopes producers and distributors, and imposed a fine of €160.000,00 on the company Firmo Papéis e Papelarias, S.A. The investigation (...)

The Hellenic Competition Authority opens an ex-officio investigation into the luxury cosmetics market (L’Oréal)
Hellenic Competition Authority (Athens)
Ex-officio investigation into the luxury cosmetics market, for alleged infringements of competition rules.* Ex-officio investigation into the luxury cosmetics market, for alleged infringements of competition rules. The Grand Chamber of the HCC will convene on the 13th of October 2016 to (...)

The Hellenic Competition Authority sends a statement of objection to suspected members of a cartel in the construction sector (Ellaktor)
Hellenic Competition Authority (Athens)
Statement of Objections addressed to undertakings active in the construction sector regarding an alleged infringement of Article 1 of the Greek Competition Act and Article 101 TFEU* Following the issuing of a statement of objections, the Hellenic Competition Commission (HCC) will convene on 21 (...)

The Latvian Competition Authority announces the adoption by the Latvian Parliament of the significantly modernising amendments to the Competition Law
Konkurences padome (Riga)
Saeima passes Amendments to the Competition Law* On 12 May, Latvian Parliament – Saeima – adopted in final reading amendments to the Competition Law that significantly modernizes competition protection in Latvia. Amendments to the Competition Law provides the Competition Council (CC) of Latvia (...)

The German Competition Authority fines several breweries and retailers for resale price maintenance (Offenburg)
German Competition Authority (Bonn)
Resale price maintenance in food retail sector - Fine proceedings largely concluded in beer segment too* In its vertical case in the food retail sector the Bundeskartellamt has concluded further cartel proceedings and imposed new fines on retailers totalling 90.5 million euros. This time the (...)

The Czech Competition Authority fines several construction companies that coordinated their bids in public tenders
Czech Competition Authority (Brno)
More fines imposed for prohibited agreements of construction companies* On the 4 May 2016, the Office for the Protection of Competition adopted its first instance decision regarding the so-called small construction cartel. In the decision, the Office imposed fines amounting to CZK 278 million (...)

The Bulgarian Competition Authority publishes the result of an inquiry and opens proceedings regarding possible price-fixing cartels and abuse of dominance in the fuel sector (Lukoil)
Mondelez (Sofia)
On February 25, 2016 the Commission for Protection of Competition (CPC) in Bulgaria has published its Conclusion of the sector inquiry on the Bulgarian market for the manufacture and sale of petrol and diesel fuels. The sector inquiry was initiated the middle of 2015 as doubts occurred that (...)

The Italian Competition Authority fines two trade associations and several local cooperative banks for fixing mortgage interest rates (Mortgage interest rates agreement)
Giannino SI (Monserrato)
The Italian Competition Authority (ICA) has recently closed an antitrust investigation in the ‘Mortgage interest rates agreement’ case by finding guilty two cooperative trade associations and 14 small cooperative banks for carrying out two price-fixing agreements in the province of Bolzano (the (...)

The French Competition Authority publishes a decision by which it fines two anticompetitive agreements in the delivery service sector (Traditional and express delivery service)
Autorité de la concurrence (Paris)
Delivery service (transporting parcels) industry* Today, the Autorité de la concurrence issues a decision by which it fines two anticompetitive agreements in the delivery service industry for a total amount of 672.3 million euros: The principal agreement in question has been subject to a (...)

The Polish Competition Authority imposes sanctions for retail price maintenance in the wristwatch distribution sector while announcing a new economic-based approach to vertical agreements (Swatch)
Hansberry Tomkiel (Warsaw)
I. Introductory remarks In its decision no DOK 4/2015 of 8th December 2015 (the “Decision”,) the Polish Office for Competition and Consumer Protection (“Competition Authority”) sanctioned the Swatch Group (Polska) Sp. z o.o. (“SGP”) and four retail distributors of wristwatches. According to the (...)

The EU Commission confirms it has carried out several unannounced inspections in the rail passenger transport market
DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections in rail passenger transport sector* The European Commission can confirm that on 24 November 2015 its officials carried out unannounced inspections in the sector of rail passenger transport and related services in Austria. The Commission (...)

The Zambian Competition Authority conducts dawn raids as part of an investigation into the alleged fixing of maize and flour prices (Millers Association)
Primerio (Washington)
Zambia: Competition Authority conducts dawn raids in the maize milling industry* ZNBC reported on 30 October 2015 that the Zambian Competition and Consumer Protection Commission (CCPC) conducted dawn raids on three milling companies, namely National Milling Corporation, Superior Milling (...)

The German Competition Authority fines for the second time a matress producer for resale price maintenance (Tempur)
German Competition Authority (Bonn)
Bundeskartellamt concludes mattress case with another fine* The Bundeskartellamt has fined Tempur Deutschland GmbH, Steinhagen, 15.5 million euros for imposing resale price maintenance on retailers selling its products. Andreas Mundt, President of the Bundeskartellamt: "From August 2005 to (...)

The French Competition Authority starts dawn raids against several companies suspected of having implemented anti-competitive practices in the sector of processed fruits
Autorité de la concurrence (Paris)
Processed fruits packaged in cups and pouches – dawn raids* The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on September 22nd in the sector of processed fruits packaged in cups and pouches On 22 September 2015, following (...)

The Hungarian Competition Authority fines several pharmaceutical laboratories for cartel (Hungaropharma)
Hungarian Competition Authority (Budapest)
The GVH imposed fines for pharma cartel* The Hungarian Competition Authority (GVH) established in its decision that three pharmaceutical wholesalers, with the active collaboration of two consultant companies, had committed an infringement. The wholesalers influenced the medicine public (...)

The Portuguese Competition Authority fines several tenderers for bid rigging in the market for supply of pre-fabricated modules (Elevatrans)
Portuguese Competition Authority (Lisbon)
The PCA sanctions five undertakings for anticompetitive practices in public tenders for the supply of pre-fabricated modules to Parque Escolar * Undertakings collaborate and renounce the right to judicial review The Portuguese Competition Authority (PCA) sanctioned the undertakings Algeco – (...)

The German Competition Authority imposes fines on manufacturers and retailers in the food sector for vertical resale price maintenance (Aldi)
German Competition Authority (Bonn)
Vertical resale price maintenance in the food retail sector - Majority of fine proceedings concluded* The Bundeskartellamt has concluded most of its cartel proceedings against manufacturers and retailers in the food sector for illegally maintaining the retail prices of well-known brand (...)

The German Competition Authority assesses vertical and horizontal price fixing in cartel proceedings focusing on the food sector (Aldi / Edeka / Kaufland / Metro / REWE / Haribo / Ritter)
Commeo (Frankfurt)
In June 2015, the German Federal Cartel Office (“FCO”) has concluded most of its long going proceedings against manufacturers and retailers in the food sector for illegally fixing the retail prices of branded products. The FCO imposed total fines of EUR 151.6million on both manufacturers and (...)

The Czech Competition Authority fines an undertaking operating in the sector of handling, storage and protection of goods for non compliance with the inspection of the business premises (Czech Frost)
Czech Competition Authority (Brno)
Fine of CZK 1,105,000 imposed on company Czech Frost for noncompliance with the inspection* Disciplinary fine of CZK 1,105,000 was imposed on the company CZECH FROST for noncompliance with the inspection of the business premises conducted by the Office for the Protection of Competition (the (...)

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
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 (...)

The German Competition Authority imposes a fine on a manufacturer for resale price maintenance in the market of portable navigation devices (United Navigation)
German Competition Authority (Bonn)
Fine imposed for resale price maintenance in the sale of portable nagivation devices* The Bundeskartellamt has imposed a fine of 300,000 euros on United Navigation GmbH, Ostfildern, for enforcing resale price maintenance on retailers selling its products. From July 2009 to May 2014 (...)

The French Competition Authority publishes a new notice concerning its leniency programme
Autorité de la concurrence (Paris)
Revision of the leniency procedural notice* The Autorité de la concurrence has published a new notice concerning its Leniency Programme The Autorité de la concurrence, meeting in plenary session, has adopted the revised procedural notice relating to its Leniency Programme. This revision of the (...)

The EU Commissioner in charge of competition policy announces a potential inquiry in the e-commerce sector
General Court of the European Union (Luxembourg)
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Allen & Overy (Hamburg)
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White & Case (Brussels)
On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed at identifying and resolving cross-border barriers to e-commerce in (...)

The French Competition Authority imposes fines on three millers for cartel in the market of flour sold to craft bakeries (Axiane Meunerie / Minoteries Cantin / Grands Moulins de Strasbourg)
French Competition Authority (Paris)
The Autorité de la concurrence fines 3 millers for anticompetitive agreements on increases in the price of flour sold to craft bakeries.* The Autorité de la concurrence issues today a decision whereby it fines Axiane meunerie, Minoteries Cantin and Grands Moulins de Strasbourg a total of 1.1 (...)

The Spanish Competition Authority fines nine dairy companies and two associations for alleged exchanges of information relating to purchases of raw milk (Dairy Industry 2)
Cuatrecasas (Barcelona)
On February 26, 2015, the Spanish National Commission for Markets and Competition (Comisión Nacional de los Mercados y de la Competencia or “CNMC”) determined that nine companies and two associations in the dairy sector had engaged in a number of exchanges of commercially sensitive information (...)

The Romanian Competition Authority fines four undertakings for bid ridding in natural gas pipelines sector (Condmag / Inspet / TMUCB / Moldocor)
Peli Filip (Bucharest)
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Peli Filip (Bucharest)
On 14 November 2012, the Romanian Competition Council (the “Council”) issued Decisions n° 71 and 72/14.11.2012 sanctioning four undertakings active in the sector of construction of utility projects. The companies were held having performed anti-competitive practices in two public procurement (...)

The Danish Public Prosecutor settles with a construction company guilty of bid rigging and imposes the largest fine ever pronounced in a Danish competition case (Elindco Byggefirma)
Danish Competition and Consumer Authority (Copenhagen)
Largest fine ever imposed in a competition case - Construction company pays fine in settlement for bid rigging* On 3 November 2014, the Danish construction company Elindco Byggefirma A/S entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime (...)

The Indian Competition Authority imposes penalties on companies for price-fixing through circulation of daily price bulletins amongst themselves and limitation of supply (Indian Sugar Mills)
Amit Sibal (New Delhi)
Guest Post From India: “Of Price Bulletins and Dawn Raids”* Trade associations seem to be the flavor of the day for the CCI these days. Less than 4 days after passing an order fining the Chemists and Druggists Association, Goa, the Competition Commission of India (the “CCI”) has imposed penalties (...)

The Indian Competition Authority conducts its first unannounced inspection in the premises of a UK-based Indian subsidiary (JCB India Private)
Sonam Mathur (New Delhi)
The Competition Commission of India (‘CCI’) recently conducted its first unannounced inspection (‘dawn raid’) in the premises of the UK-based construction equipment maker’s Indian subsidiary, JCB India Private Limited. This dawn raid was conducted in relation to an on-going investigation of abuse of (...)

The Hellenic Competition Authority unanimously fines the Association of Dental Technicians of Crete for price-fixing (Association of Dental Technicians)
Ernst & Young (Athens)
I. Introduction On September 24, 2014 the Hellenic Competition Commission (hereinafter: HCC) unanimously decided that the Association of Dental Technicians of Crete (hereinafter: the Association) was guilty of price fixing and had thus violated Art. 1 L. 703/1977 and L. 3959/2011 (the national (...)

The German Competition Authority imposes fines on five providers of underground mining services for having implemented a price-fixing agreements and bid-rigging (BeMo Tunnelling / Deilmann-Haniel)
German Competition Authority (Bonn)
Providers of specialist mining services fined for price fixing and bid-rigging * The Bundeskartellamt has imposed fines totalling 17.4 million euros on five providers of specialist underground mining services on account of price fixing agreements and bid-rigging. The companies are BeMo (...)

The Turkish Competition Authority fines private teaching institutions for forming a cartel to fix fees and discount rates (Tokat Dershaneleri)
University of Sussex (Brighton)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has fined five private teaching institutions operating in the city of Tokat on the grounds that they formed a cartel to fix fees and limit discount rates for their services between the years 2009 and (...)

The Danish Public Prosecutor settles charges of cartel law violations including allocation of costs and bid-rigging in the construction industry (Hansen & Søn)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: ”Construction company pays fine in settlement for bid rigging – first case closed in construction industry cartel”* On 14 July 2014, the company N.H. Hansen & Søn (a Danish construction company) entered into a settlement with the Danish Public Prosecutor for Serious Economic and (...)

The Danish Public Prosecutor settles charges on a violation of cartel law by imposing of resale price maintenance, prevention of parallel imports and passive sales (Witt Hvidevarer)
Danish Competition and Consumer Authority (Copenhagen)
Press Release published on the official website of the Danish Competition and Consumer Authority. Denmark: ”Distributor of white goods pays fine in settlement for resale price maintenance and prevention of parallel imports and passive sales”* On 10 July, 2014, the company Witt Hvidevarer (a (...)

The Spanish Competition Authority fines fire extinguisher producers over 2 million Euro for price fixing and market sharing (Equipos c. Incendios)
DG COMP (Brussels)
On 26 June 2014, the Spanish National Markets and Competition Commission (“CNMC”) imposed a fine of over €2 million on six fire extinguisher producers . The CNMC initiated its investigation following a leniency application filed on 26 July 2012 by TODOEXTINTOR S.L, one of the fire extinguisher (...)

The EU Court of Justice upholds the expansive geographic reach of a Commission dawn raid decision in a cartel investigation (Nexans)
Jones Day (Brussels)
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Jones Day (Brussels)
The European Court of Justice (ECJ) has upheld the expansive geographic reach of a European Commission dawn raid decision in the electric cables cartel investigations. Nexans, one of ten companies being investigated, had argued that the geographic scope was overbroad and provided an (...)

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

The Polish Competition Authority reduces severe penalty imposed by its President for obstructing inspections during a dawn raid (Polkomtel)
Affre i Wspólnicy (Warsaw)
On 18 June 2014, the Polish Court for the Competition and Consumer Protection (“SOKiK”) changed the decision issued by the President of the Office of Competition and Consumer Protection (“NCA”) in which Polish mobile telecom operator (Polkomtel) was fined for non-cooperation in the course of a dawn (...)

The South African Competition Commission confirms that it has conducted a dawn raid operation at the headquarters of two suppliers of edible oils and baking fats sold to wholesale and retail customers (Unilever / Sime Darby)
Nortons (Sandton)
Surprise search and seizure visit at Unilever and Sime Darby in South Africa* The South African Competition Commission (“Commission”) has confirmed that it has conducted such a dawn raid operation at Unilever South Africa (Pty Ltd) (“Unilever”) and Sime Darby’s respective South African offices (...)

The German Competition Authority imposes fines on four wallpaper manufacturers, their representatives and trade association on account of price fixing agreements (Creation Tapeten)
German Competition Authority (Bonn)
Price agreements between wallpaper manufacturers Bundeskartellamt imposes fines of around 17 million Euros* On 25 February 2014 the Bundeskartellamt has imposed fines totalling around 17 million euros on four wallpaper manufacturers, their representatives and trade association on account of (...)

The Hungarian Competition Authority fines eleven undertakings engaged in a cartel on the stationary products market (Budapiért / Gyárt-ker / I-COM Iroda-Kommunikáció)
Hungarian Competition Authority (Budapest)
The GVH has imposed fines of over HUF 1 billion on eleven undertakings engaged in a cartel on the stationary products market* The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) found in its decision of 12 December 2013 that six stationary distributor undertakings had concluded (...)

The Romanian Competition Council sanctions a bid rigging practice carried out through a common representative (San Swiss Arms)
DLA Piper (Bucharest)
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DLA Piper (Bucharest)
,
DLA Piper (Bucharest)
Introduction The Romanian Competition Council ("RCC") released at the end of 2013 a decision ("RCC Decision") pursuant to an investigation concerning companies active on the production and supply of ammunition that allegedly rigged the tenders organized by the Romanian Ministry of Defense (...)

The Danish Competition and Consumer Authority enters into a settlement with a clothing company in a resale price maintenance case (Vila)
DLA Piper (Copenhagen)
On 31 October 2013, the clothing company Vila A/S (“Vila”) and two persons from the management entered into a settlement with the Danish Competition and Consumer Authority (“DCCA”) for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on some of its dealers. (...)

The Danish Competition and Consumer Authority settles fines with a fashion brand company for resale price maintenance (Vila)
Danish Competition and Consumer Authority (Copenhagen)
Vila pays fine in settlement for resale price maintenance* On October 30, 2013, Vila entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance to some of the company’s dealers. (...)

The Austrian Cartel Court imposes fine for resale price maintenance in the milling industry (Vorarlberger Mühlen)
European Commission (Brussels)
Austria: The Cartel Court imposes Fine in Milling Industry* On 3 September 2013, the Cartel Court imposed a € 58 500 fine on Vorarlberger Mühlen- und Mischfutter GmbH (Vorarlberger Mühlen) for Resale Price Maintenance (RPM) between the latter and a number of retailers (Court reference number 29 (...)

The Brazilian Competition Authority fines air cargo carriers for price fixing, highlighting the importance of leniency program in the fight against cartels (Absa Aerolineas Brasileiras)
OECD - Competition Division (Paris)
Introduction CADE’s Tribunal condemned airlines ABSA Aerolineas Brasileiras S.A., Varig Logistica SA, American Airlines Inc., and Alitalia Linee Aeree Italiane S.P.A., plus seven individuals, for cartel formation in the international air cargo sector. The fines sum approximately 300 million (...)

The Danish Public Prosecutor for Serious and International Crime cracks down on resale price maintenance (Miele)
Copenhagen Business School
On 18 July 2013, in the latest of a series of settlements regarding Resale Price Maintenance, Miele A/S, a Danish subsidiary of the German manufacturer of, agreed to a fine of DKK 1.2 million (about EUR 162,000). 1. The Miele case Miele A/S is the Danish subsidiary of the German family-owned (...)

The Romanian Competition Authority opens an investigation regarding a possible cartel in the Romanian market for dairy products
Mircea (Bucharest)
The Romanian Competition Council opened an investigation regarding a possible cartel in the Romanian market for dairy products* On 18 July 2013, simultaneous dawn raids of the Romanian Competition Council took place at the headquarters of several dairy producers. The Romanian Competition (...)

The Danish Competition Authority settles with a cartel participant, a major player in the market for white goods (Miele)
Danish Competition and Consumer Authority (Copenhagen)
Miele A/S, Denmark, pays fine in settlement for resale price maintenance and prevention of parallel imports on white goods* On July 18, 2013, Miele A/S, Denmark, entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for infringing section 6 of (...)

The Danish Public Prosecutor for Serious Economic and International Crime enters into a settlement with a white goods manufacturer in a resale price maintenance case (BSH)
DLA Piper (Copenhagen)
On 24 April 2013, BSH Hvidevarer A/S (Danish subsidiary of the international home appliances manufacturer, BSH) entered into a settlement with the Public Prosecutor for Serious Economic and International Crime for infringing section 6 of the Danish Competition Act by imposing resale price (...)

The Danish Competition Authority settles in a case of resale price maintenance in relation to dealers and the prevention of parallel imports (Bosch / Siemens)
Danish Competition and Consumer Authority (Copenhagen)
BSH pays fine in settlement for resale price maintenance and prevention of parallel imports on white goods* On April 24, 2013, BSH White Goods entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for infringing section 6 of the Danish (...)

The Italian Competition Authority launches an investigation against pharmaceutical companies suspected of restricting drug sales (Roche / Novartis)
Studio Legale Scoccini (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 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 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 Hungarian Competition Authority puts an end to a long running investigation into a possible cartel infringement by sugar producers (Sugar Cartel)
Allegro Consulting (Brussels)
1. Introduction On 19 December 2012, the Hungarian Competition Authority (GVH) put an end to a long running investigation into a possible cartel infringement by Hungarian sugar producers. The alleged infringement concerned the three main sugar producers in Hungary: Nordzucker Group (the parent (...)

The Romanian Competition Authority fines two companies for bid rigging practices in the context of a gas transport pipeline tender procedure (T.M.U.C.B.)
DLA Piper (Bucharest)
,
DLA Piper (Bucharest)
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DLA Piper (Bucharest)
Introduction The Romanian Competition Council ("RCC") published in February 2013 a decision ("RCC Decision") pursuant to an investigation concerning an alleged infringement of art. 5 of Competition Law (mirroring the provisions of art. 101 TFEU) in the context of several public procurement (...)

The Guangdong Price Bureau of National Development and Reform Commission investigates and sanctions a cartel in the local sea sand mining sector (Baohai / Jianghai / Donghai)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies (Beijing)
The Guangdong Price Bureau, a local authority of the Price Supervision and Anti-Monopoly Bureau of NDRC, has recently investigated and sanctioned a cartel in the local sea sand mining sector pursuant to the AML. According to the NDRC’s news release, the price of land reclamation sand used in (...)

The Romanian Competition Authority sanctions a professional association for illegal decisions adopted by what it considers to be an association of undertakings (National Union of Bailiffs)
DLA Piper (Bucharest)
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DLA Piper (Bucharest)
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DLA Piper (Bucharest)
Introduction The Romanian Competition Council ("RCC") released at the end of 2012 a decision ("RCC Decision") pursuant to an investigation concerning the Romanian National Union of Bailiffs ("Union"), i.e. legal professionals charged with the execution of judicial decisions, which allegedly (...)

The Dutch Competition Authority fines five onion producers for their participation in cartel agreements (TOP / VECO / CROP / Thopol / Promofin)
European Commission (Brussels)
The Netherlands: The Competition Authority fines Silverskin Onions Cartel* On 25 May 2012, the Netherlands Competition Authority (NMa) imposed fines of more than € 9 000 000 on five growers and processors of silverskin onions for their participation in cartel agreements concerning the maximum (...)

The Pakistani Competition Authority grants immunity upon a leniency application that facilitated the breakage of a cartel in the switchgear and distribution transformer market (Siemens)
Computer and Communications Industry Association (CCIA) (Washington D.C.)
On April 3 the Competition Commission of Pakistan published a landmark decision imposing fines to members participating on a switchgear and transformer distribution market cartel, upon a leniency application submitted by Siemens. The decision represents a stepping-stone within the Pakistani (...)

The Stockholm District Court imposes fines on coach companies for price coordination, market restriction and market sharing (Scandorama / Ölvemarks Holiday Aktiebolag)
Administrative Court of Appeal (Gothenburg, Sweden)
Introduction The judgment of Stockholm District Court ("the Court") in the coach cartel case was delivered on 24 February 2012. The two largest coach companies in Sweden were found to have restricted competition between 2007 and 2009 on the market for coach package tours to Europe through (...)

The EU Commission opens formal proceedings to investigate alleged anti-competitive practices by five major international publishers in the e-book sales sector (Hachette Livre /Harper Collins / Simon & Schuster / Penguin / Verlagsgruppe Georg von Holzbrinck)
Sidley Austin (Brussels)
Is Apple forcing customers to pay more for e-books? - Global developments in the alleged e-book price-fixing case* European investigations On December 6, 2011 the European Commission announced that it opened formal proceedings to examine whether five major international publishers (Hachette (...)

The Spanish Competition Authority fines company in the ferry transportation for obstruction to a surprise inspection (Transmediterranea)
Callol, Coca & Asociados (Madrid)
NCC has imposed a heavy fine for conduct by members of inspected company Transmediterranea allegedly obstructing a surprise inspection at company premises. Although it is not the first time the NCC fines a company for obstruction in the framework of dawn raids, the facts of this case look (...)

The Spanish Competition Authority imposes fines totalling € 18 M on 19 Spanish manufacturers and distributors of fluid pumps (Bombas de Fluidos)
Van Bael & Bellis (Brussels)
On 28 June 2011, the Spanish Competition Authority (“CNC”) announced that it had fined the Spanish Association of Fluid Pump Manufacturers (Asociación Española de Fabricantes de Bombas de Fluidos –“AEFBF”) and 19 manufacturers and/or distributors of fluid pumps a total of € 18 million for engaging in (...)

The Slovak Regional Court in Bratislava annuls the Competition Authority’s decisions concerning an agreement restricting competition in the banking sector (Akcenta)
Wolf Theiss (Bratislava)
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Agency for the Cooperation of Energy Regulators (ACER) (Ljubljana)
A summary of arguments adopted by the Regional Court in Bratislava (the “Court”) in annulling decisions taken by the Slovak Antimonopoly Office (the “SVK AMO”) concerning an agreement restricting competition in the banking sector. Factual background By its judgments No. 3S 57/2010 of 28 September (...)

The Spanish Competition Authority fines a cartel in the sector of freight forwarding activities (Transitarios)
Hogan Lovells (Madrid)
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Linklaters (Madrid)
On 31 July 2010, the Council of the Spanish Competition Commission (Consejo de la Comisión Nacional de la Competencia, hereinafter "the Council", "the NCC") imposed a fine of €14 M on eight road freight forwarding companies for coordinating their pricing and commercial strategies. The file was (...)

The EU Commission imposes fines of € 518 M on prestressing steel cartel (DWK / Saarstahl / ArcelorMittal)
Van Bael & Bellis (Brussels)
On 30 June 2010, the European Commission issued a decision imposing fines totaling € 518 million on seventeen producers of prestressing steel for their involvement in a long-running price-fixing and market-sharing cartel in breach of Article 101 TFEU. Prestressing steel is used with concrete in (...)

The German Competition Authority imposes total fines of € 115 M in the sector of spectacle lenses (Carl Zeiss Vision / Essilor / Hoya Lens Deutschland / Rodenstock / Rupp+Hubrach Optik)
Van Bael & Bellis (Brussels)
According to a press release of 28 May 2010, the German Federal Cartel Office (“FCO”) has imposed fines totalling € 115 million on five manufacturers of spectacle lenses, seven employees and a national association of opticians (“ZVA”) for their involvement in two cartel agreements. The companies (...)

The UK Competition Authority launches a criminal investigation in the agricultural sector in order to promote the Enterprise Act
Innovate Finance (London)
I. Legal background The UK criminalized competition law in 2002 by adopting the Enterprise Act, which came into force in June 2003. It set up a whole new framework to prosecute, on a criminal basis, the individuals responsible for the establishment and implementation of a hard-core cartel: the (...)

The Spanish Competition Authority fines the five major producers of bath and shower gel for a price-fixing cartel in its first successful leniency case (Fabricantes de gel)
Hogan Lovells (Madrid)
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University of Harvard - Law School (Cambridge)
On 21 January 2009, the Council of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia, hereinafter the “Council”) sanctioned the four largest Spanish manufacturers of bath and shower gel. i.e. Puig Beauty & Fashion Group, S.L. ("Puig"), Sara Lee Household and (...)

The Slovak Competition authority condemns the three biggest banks in Slovakia for having concluded an agreement restricting competition (Vseobecna uverova banka / Slovenska sporitelna / Ceskoslovenska obchodna banka)
European Commission (Brussels)
Slovakia: Cartel in the Banking Sector On 17 December 2009, a decision of the Council of the Antimonopoly Office of the Slovak Republic (hereinafter ‘the Office’) came into force, by which the Council confirmed the first instance decision of the Division of Agreements Restricting Competition. (...)

The Polish Competition Authority issues the highest fine of €99.5 million in its history for breaching National Law for companies operating on the cement market (Cement Cartel)
WKB Wiercinski Kwiecinski Baehr (Poznan)
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Orange (Warsaw)
On December 8, 2009, the Polish competition authority, the President of the Office for Competition and Consumer Protection, issued a decision in which it found that 11 companies operating on the cement market entered into an anticompetitive agreement breaching Polish national law and the EU (...)

The German Competition Authority gets confirmation by the Higher Regional Court of Düsseldorf to halves the fines to the cement cartel based on the result of an independent economic analysis (Cement Cartel)
RBB Economics (Brussels)
In 2001, the Bundeskartellamt conducted a series of dawn raids and discovered the existence of a cartel in the cement industry in Germany. Cement producers had divided the market, reaching agreements on sales quotas. This cartel had been operating at least since the beginning of the 1990s. (...)

The Swedish Market Court ends asphalt cartel case by increasing fines up to € 46 M, reaching the highest ever fine in a cartel case (NCC)
Tele2 (Stockholm)
The Swedish Market Court, the court of last instance in cases brought under the Swedish Competition Act (the “Act”), put an end to the asphalt cartel case, inter alia,increasing the fines for one of the participants, NCC. Collectively, the fines are the highest ever imposed in a Swedish cartel (...)

The French Competition Authority imposes a €41,1 million fine in a jet fuel cartel (Chevron-Texaco / Total / Exxon Mobil / Shell)
Van Bael & Bellis (Brussels)
On 4 December 2008, the French Competition Council imposed fines totalling € 41.1 million on fuel companies of the Chevron-Texaco, Total, Exxon Mobil and Shell groups for collusive tendering in the supply of aviation fuel in 2002. Total Réunion, Total Outre Mer, Chevron Products Company, Shell (...)

The Danish Competition Authority imposes the highest personal fine ever on flour producer and its director for resale price maintenance contrary to the Competition Act (Valsemølle)
DLA Piper (Copenhagen)
On 27 November 2008, the Danish flour producer Valsemølle A/S and its director accepted fines of DKK 1 million (EUR 134,000) and DKK 100,000 (EUR 13,000) respectively for having infringed Article 6 of the Danish Competition Act (national provision similar to Article 81 of the EC Treaty) by (...)

The Budapest Court of Appeal clarifies the rules concerning the calculation of cartel fines and confirms the rules concerning the use of documents seized in dawn raids (Adeptus)
Van Bael & Bellis (Brussels)
By decision of 15 October 2008, the Budapest Court of Appeal (the CoA) partially amended a decision issued by the Budapest Metropolitan Court (BMC) with respect to the calculation of cartel fines. The Hungarian Competition Authority (GVH) issued a decision in 2005 in a bid-rigging case (...)

The EU Commission imposes heavy fines in the long-lasting candle wax cartel (ENI / ExxonMobil / Hansen & Rosenthal / Tudapetrol / MOL/ Repsol / Sasol / RWE / Total)
Delegation of the European Union to the United States (Washington D.C.)
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European Commission - DG HR (Brussels)
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DG COMP (Brussels)
"Bringing light into the dark: Commission fines long-lasting candle wax cartel more than EUR 676 million"* With its fifth cartel decision in 2008 the Commission imposed heavy fines on several producers of paraffin waxes and slack waxes. The decision adopted on 1 October established that these (...)

A Swedish court fines eight car dealers for participating in a cartel (Renault and Volvo dealers)
Vinge (Stockholm)
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Department of Justice (Stockholm)
On 10 December 2002 the Swedish Competition Authority (the “SCA”) carried out dawn raids at the premises of eight car dealers following complaints presented to the SCA. Subsequent to the dawn raids and an investigation, the SCA initiated proceedings before the Stockholm District Court claiming (...)

The Italian Antitrust Authority launches an investigation on the alleged restrictive practices in the cosmetic sector (Cosmetics / Toiletries companies)
Freshfields Bruckhaus Deringer (Rome)
On 12 June 2008 the Autoritá Garante della Concorrenza e del Mercato (Italian Antitrust Authority, IAA) started an investigation for alleged restrictive practices against the Italian subsidiaries of a number of multinational companies active in the cosmetic sector and, namely: Henkel, Unilever, (...)

The UK Competition Authority secures the first ever criminal convictions against individuals for cartel offences - a milestone in antitrust enforcement (Marine Hoses Cartel)
Womble Bond Dickinson (Washington)
Introduction On 11 June 2008, at Southwark Crown Court, His Honour Judge Geoffrey Rivlin QC marked the beginning of a new era in antitrust enforcement in the UK when he entered the first ever criminal convictions against individuals for a cartel offence under section 188 of the Enterprise Act (...)

The Hungarian Court of Appeal upholds the NCA’s decision against the "road construction cartel" (Egút Egri Útépítõ / Strabag Építõ / Hídépítõ)
Hogan Lovells (Budapest)
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Hogan Lovells (Budapest)
With its judgment of second instance adopted on 11 June 2008, the Metropolitan Court of Appeal has upheld the judgment of first instance and therefore the decision of the Hungarian Competition Authority in the lawsuit brought by Egút Egri Útépítõ Zrt, Strabag Építõ Zrt and Hídépítõ Zrt as plaintiffs (...)

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

The French Competition Authority applies leniency for the third time and fines six manufacturers for price fixing in the plywood sector (Plywood cartel)
Hewlett Packard (Boulogne-Billancourt)
Summary of the Decision Further to a leniency application and an investigation involving dawn raids and seizures, the French Competition Council (the "Council") fined six manufacturers active in the exotic plywood sector (Etablissements Mathé, Etablissements Guy Joubert, Etablissement Allin, (...)

The Irish Court sentences an individual to a suspended prison sentence for price-fixing (Citroen dealer)
London School of Economics (London)
Background This is one of the latest in a series of cases taken by the Director of Public Prosecutions (DPP) against members of the Citroën Dealers Association. In November 2003 the Irish Competition Authority (NCA) conducted dawn raids in the premises of 11 Ford dealerships. On foot of these (...)

The Danish Competition Authority negotiates a fine with an association of suppliers of nautical equipment, its director and chairman for price agreements and retail price maintenance (Nautisk Udstyr)
DLA Piper (Copenhagen)
On the 20 April 2008, the association Nautisk Udstyr ApS, accepted to pay a fine of DKK 400,000 (EUR 53,000) for infringing the Danish Competition Act. The association’s director and Chairman also each accepted a personal fine of DKK 25,000 (EUR 3,000) for their involvement. The investigation (...)

The Romanian Competition Authority fines EUR 22.6 M distributors and manufacturer for sharing insulin portfolio (Eli Lilly / A&A Medical / Mediplus Exim / Relad Pharma)
Peli Filip (Bucharest)
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Peli Filip (Bucharest)
The Romanian Competition Council (the “Council”) continued in 2008 the series of decisions dedicated to the malfunctioning of the Romanian pharmaceutical market, by sanctioning through its decision 15/2008 (i) the insulin producer Eli Lilly Export SA and three of its distributors, A&A Medical (...)

The Lithuanian Competition Authority inflicts its highest fine ever on a professional association running confidential information exchange scheme on the raw milk procurement and dairy products markets (Dairies III)
Lithuanian Competition Authority (Vilnius)
On 28 February 2008 the Lithuanian Competition Council fined seven dairy companies for their involvement in the exchange of confidential information said to have restricted competition on the raw milk procurement market and on a number of markets for individual dairy products. The total amount (...)

The Japanese FTC issues cease and desist orders against foreign companies in cartel and bid-rigging cases (Marine hose)
Tokyo University of Science
Case Summary According to the Japan FTC’s cease and desist order, the Japan FTC investigated Japanese and foreign companies manufacturing and selling marine hose; they found that the manufacturers and sellers of marine hose had jointly determined the prospective recipient of the orders, (...)

The Turkish Competition Authority confirms fine on only one cartel member for price fixing in the ready mixed concrete market (Lafarge)
University of Leeds
The Turkish Competition Board (TCB) has confirmed the fine it had levied on a single member of a cartel in the ready mixed concrete market in the Marmara region in a recent decision. The original decision which seems to have caused controversy within the TCB - the dissenting opinions of the (...)

The German Competition Authority imposes a €62 million fine on decor paper manufacturers (Munksjö Paper / Felix Schoeller / Arjo Wiggens)
Van Bael & Bellis (Brussels)
The German Federal Cartel Office (“FCO”) has recently fined three manufacturers of decor paper a total of € 62 million for infringing German competition law by engaging in the fixing of prices between August 2005 and early November 2007 and by agreeing on capacity closures in the second half of (...)

The UK Competition Authority brings for the first time criminal charges based on the Enterprise Act of 2002 for cartel offence (Marine Hoses Cartel)
Innovate Finance (London)
On 19 December 2007, the Office of Fair Trading (OFT) charged three UK businessmen with cartel offence under the Enterprise Act. This is the first time that charges have been brought for the cartel offence which came into force in 2003. The three men were arrested at the airport, where they (...)

The French Competition Authority applies for the second time leniency and highlights discrepancy with EC competition law on concerted practices’ burden of proof ("Removals cartel")
Kramer Levin Naftalis & Frankel (Paris)
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Eversheds Sutherland (Paris)
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Orrick, Herrington & Sutcliffe (Paris)
Summary of the decision Following an investigation with dawn raids and seizures initiated further to a leniency application, the French Competition Council has sanctioned a horizontal cartel between twelve companies in the sector of national and international removals to and from France, (...)

The Danish District Court of Roskilde imposes a criminal sanction on a company director and fines mobile phone dealers for fixing prices and transport costs following transmission of the case from the Competition Authority (Telemobilia / Aircom Erhverv / Jokerprice)
DLA Piper (Copenhagen)
On 27 November 2007 the Danish District Court of Roskilde found that the mobile phone distributor Telemobilia ApS (“Telemobilia”), and its director had fixed prices with two other mobile phone distributors (Aircom Erhverv and Jokerprice). The court imposed a fine of DKK 125,000 (EUR 17,000) on (...)

A Hungarian Appeal Court upholds the NCA decision fining EUR 28 M construction companies in several public procurement procedures for motorway-construction (Betonút / Debmút / Egút / Hídépítő / Strabag)
Bassola (Budapest)
Facts of the case July, August 2002: the National Motorway Co Ltd (NM) issues invitations to motorway construction works February 2003: ex-officio proceedings of the GVH commenced in order to establish whether the construction companies committed collusive bidding September and October 2003: (...)

A Swedish Court finds that the national competition authority failed to prove a significant restriction of an hardcore restriction (Volvo Dealers Cartel)
Cederquist (Stockholm)
On 10 December 2002 the Swedish Competition Authority (the “SCA”) carried out dawn raids at eight car dealers in the southern Swedish provinces of Skåne and Blekinge. The dawn raids were carried out in response to complaints presented to the SCA. The eight car dealers were authorized dealers for (...)

The Italian Antitrust Authority fines pharma companies for bid rigging for supply to the public health system (Prodotti disinfettanti)
Freshfields Bruckhaus Deringer (Rome)
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Freshfields Bruckhaus Deringer (Rome)
The Italian Antitrust Authority (IAA) has recently completed an Article 81 proceedings against nine suppliers of antiseptic and disinfectants to the public health system levying sanctions totalling approximately € 3.7 million (case I 639). The investigation started in November 2004 and (...)

The Hungarian Competition Office fines 14 road construction companies for price fixing, market sharing and bid rigging (Adeptus)
Lakatos, Köves (Budapest)
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Lakatos, Köves (Budapest)
The Hungarian Competiton Office (HCO) launched proceedings against fourteen road construction companies (Alterra Kft., Betonút Rt., Debreceni Mély- és Útépítõ Rt., EGÚT Egri Útépítõ Rt., Hídépítõ Rt., HÓDÚT Rt., Hoffmann Rt., MÁV Hídépítõ Rt., MOTA-Engil Rt., Strabag Rt., Swietelsky Kft., Vakond Kft. and (...)

The Hungarian Competition Authority fines construction companies for bid rigging in six construction tenders (Adeptus)
Van Bael & Bellis (Brussels)
On 22 September 2005, the Hungarian Competition Authority (the GVH) decided to fine fourteen construction companies a total of over HUF 1.3bn (approximately €5.2m) for bid rigging. In dawn raids conducted at the premises of five large construction companies, the GVH found several incriminating (...)

The Hungarian Competition Office imposes a € 5.6 M fine in software public tenders and refuses to apply the de minimis doctrine (SAP)
Lakatos, Köves (Budapest)
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Lakatos, Köves (Budapest)
In 2004, the Hungarian Competition Office (HCO) launched proceedings against SAP Hungary Kft. (SAP), International Business Machines Magyarország Kft. (IBM), International System House Kft. (ISH), Synergon Informatikai Rendszereket Tervező és Kivitelező Rt. (Synergon) and ORACLE Hungary Kft. (...)

The Stockholm City Court applies the Commission’s notice on immunity from fines and reduction of fines in cartel cases before the Competition Authority’s corresponding notice (Keyvent / Building Systems)
Vinge (Stockholm)
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Department of Justice (Stockholm)
Background On 30 august 2001, the Swedish Competition Authority (the “SCA”) was contacted by ABB concerning an investigation that ABB, along with its subsidiary, YIT Building Systems AB (“Building Systems”) had conducted. The investigation raised concerns regarding Building Systems’ connections (...)

Unilateral Practices

The EU Commission investigates for the first time a case relating to divisional patent filing and litigation strategies in the pharmaceutical sector (Teva)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 4 March 2021 the EU Commission announced it has launched a formal investigation into possible anti-competitive conduct by pharmaceutical company Teva in relation to its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. The patent for the active ingredient in (...)

The Spanish Competition Authority investigates a potential abuse of dominant position in the natural gas market
Ecija & Asociados (Madrid)
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Bird & Bird (Madrid)
In Spain, as in many other countries, the gas sector is crucial given its strategic importance and its necessary use for many industrial and consumer applications. It is also one of the most complex sectors, with several players spread over different upstream and downstream markets such as (...)

The Spanish Competition Authority investigates possible abuse of dominance in the country’s natural gas market
Spanish Competition Authority (Madrid)
The CNMC investigates possible anticompetitive practices in Spain’s natural gas market* It assesses an alleged abuse of dominant position in said market involving foreclosure. The CNMC investigates a potential antitrust violation in Spain’s natural gas market. On 30 September and 1 October (...)

The Serbian Competition Authority investigates the existence of resale price maintenance practices by an importer and distributor of coffee machines (SF1 Coffee)
Serbian Commission for Protection of Competition
Commission Institutes Another Proceedings on the Consumer Electronics Market* The Commission for Protection of Competition instituted antitrust proceedings ex officio and carried out a dawn raid at business premises of company SF1 Coffee d.o.o., a Nespresso importer and distributor, to (...)

The Cypriot Competition Authority fines detergent seller €3.3M for abuse of dominance and obstruction of parallel imports of its products by competitors (Κ.A.C. Constantinides Trading / GPM-Henkel)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition has imposed on Henkel AG & Co. KGaA, jointly and severally with GPM-Henkel Ltd, a total administrative fine amounting to €3.302.000 (three million, three hundred and two thousand euro) for infringement of Section 6(1)(b) of the Law and the (...)

The Romanian Competition Authority opens an investigation regarding an alleged dominant position on the market of energy production and trading (Hidroelectrica)
Romanian Competition Council (Bucharest)
THE COMPETITION COUNCIL INVESTIGATES A POSSIBLE ABUSE OF DOMINANT POSITION OF HIDROELECTRICA SA* The Competition Council opened an investigation concerning an alleged dominant possition of Hidroelectrica SA on the market of Romanian market energy production and trading. The Competition (...)

The Italian Competition Authority opens an investigation on alleged abuse of dominant position in the post-trading sector (Monte Titoli)
Italian Competition Authority (Rome)
Investigation initiated against Monte Titoli for possible anti-competitive behaviour in the post-trading sector* On May 9, 2018 the Italian Competition Authority opened an investigation concerning an alleged abuse of dominant position carried out by Monte Titoli – a company belonging to the (...)

The Danish Maritime and Commercial High Court rules on excessive pricing concerning the delivery of electricity (ELSAM III)
University of Copenhagen - Faculty of Law
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Accura (Copenhagen)
Summary of the case In an August 2016 ruling the Danish Maritime and Commercial High Court (Sø- & Handelsretten) confirmed that the Danish energy incumbent DONG Energy A/S (“DONG”) had infringed Article 102 and the Danish equivalent by charging excessive prices for the delivery of (...)

The Turkish Competition Authority rejects the complaint that agreements between a major IT company and several OEMs on the exclusive pre-installation of mobile apps infringed competition rules (Yandex / Google)
University of Sussex (Brighton)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The French Competition Authority fines a mobile carrier for abuse of dominance in the business market (Orange)
French Competition Authority (Paris)
The Autorité de la concurrence fines Orange 350 million euros for having abusively hindered the development of competition in the business market since the early 2000s. The Autorité also takes action to restore market competition for the benefit of business clients* In brief After complaints (...)

The Chinese NDRC imposes its highest fine in an abuse of dominance case (Qualcomm)
King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
Qualcomm Investigation Finally Closed: Some Changes in Business Model in Addition to an RMB 6.088 Billion Fine* On 10 February 2015, the NDRC announced its decision in relation to the abuse of dominance investigation into Qualcomm. Following the announcement, the NDRC held a press conference (...)

The Cypriot Competition Authority conducts dawn raids following an investigation ex-officio concerning the terms and prices of supply of equipment and strips for monitoring blood glucose sold to pharmaceutical stores and public bodies
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Press Release by the Commission for the Protection of Competition – Dawn raid carried out at the premises of Panicos Theo Hadjigeorgiou & Co Ltd* The Cyprus Commission for the Protection of Competition (CPC) decided, as per section 31 of the Protection of Competition Laws of 2008 and 2014 (...)

The French Competition Authority fines an owner of sports newspapers for implementing eviction practices in sports press sector (Le 10Sport.com / Les Éditions Philippe Amaury)
French Competition Authority (Paris)
The Autorité de la concurrence has fined the Groupe Amaury for having driven out of the market a new entrant in the sports press – Le 10Sport.com* The Autorité de la concurrence has fined Les Éditions Philippe Amaury (hereinafter the Groupe Amaury) an amount of 3.5 million euro for having (...)

The EU Commission tests commitments proposed by German railway incumbent concerning pricing system for traction current in Germany (Deutsche Bahn)
Van Bael & Bellis (Brussels)
On 15 August 2013, the European Commission published a series of commitments proposed by the German railway incumbent Deutsche Bahn (“DB”) to resolve an investigation into its pricing system in Germany for the electricity used to power locomotives (known as “traction current”). In a press (...)

The Danish Competition Authority issues an order to stop refusal of supply and restrictions to parallel trade within the railway engine spare part sector (Deutz)
DLA Piper (Copenhagen)
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Horten (Copenhagen)
On 12 June 2013, the Danish Competition Council (“DCC”) held that the German manufacture of industrial engines Deutz AG (“Deutz”) and their exclusive dealer in Scandinavia, Diesel Motor Nordic A/S (“Diesel Motor Nordic”), had infringed Danish and European competition law (section 6 and 11 of the (...)

The Danish Competition Authority conducts a dawn raid in light of a complaint regarding anti-competitive behaviour on the domestic market for payment cards (Teller)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Case against Nets regarding possible abuse of dominance settled with commitments* On 4 December 2012, the Danish Competition and Consumer Authority (DCCA) conducted a dawn raid on the company Nets Holding A/S (“Nets”) in light of a complaint regarding anti-competitive behavior in the (...)

The Danish District Court of Århus imposed a fine on a dairy company for abusing its dominant position via a marketing contribution (Arla Foods)
DLA Piper (Copenhagen)
Background Arla Foods Amba (“Arla”) is Denmark’s largest diary company with an annual turnover in 2003-2004 of DKK 47,608 million (EUR 6,390 million). Hirtshals Andelsmejeri (“Hirtshals”) is a smaller diary company in competition with Arla. In October 2003 Hirtshals contacted the Danish (...)

Mergers

The Spanish Competition Authority investigates unauthorized merger operations and antitrust practices in the funeral insurance and funeral services sectors
Spanish Competition Authority (Madrid)
The CNMC investigates the possible execution of unauthorised mergers, as well as potential antitrust practices involving the funeral insurance and funeral services markets.* From 8 to 10 September, dawn raids were carried out at the headquarters of various companies active in the aboved (...)

The French Competition Authority fines €80 million a multinational telecom company for the premature completion of two mergers (Altice & SFR / OTL)
French Competition Authority (Paris)
The Autorité de la concurrence fines the Altice group 80 million euros for the premature completion of two mergers notified in 2014* The Autorité de la concurrence issued a decision today to fine jointly Altice Luxembourg and SFR Group 80 million euros, in application of Section II of Article (...)

The French Competition Authority fines €80M a group and its recently acquired subsidiaries for having coordinated their business strategies and commercial behaviour prior to merger control clearance (Alice & SFR / OTL)
Hogan Lovells (Paris)
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Grall & Associés (Paris)
This article was first published in Concurrences Review N° 2-2017, Art. N° 83875, pp. 231-239 I. Introduction In November 2016, the French Competition Authority (“FCA”) fined French-based Altice/Numericable group and its recently-acquired telecom subsidiaries SFR and Virgin Mobile France for (...)

The French Competition Authority sanctions companies for implementing a transaction which has been notified to the FCA but has not yet received a clearance decision in the telecommunications industry (Alice & SFR / OTL)
United Kingdom’s Competition Authority - CMA (London)
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Franklin (Paris)
FRENCH COMPETITION AUTHORITY IMPOSES ITS FIRST EVER FINE FOR GUN-JUMPING* For the first time ever, on 8 November 2016 the French Competition Authority (FCA) sanctioned companies for implementing a transaction that had been notified to the FCA but not yet received a clearance decision, (...)

The Romanian Competition Authority carries out dawn raid on suspicion of “gun-jumping” infringement (Advent / Ozone Laboratories)
Van Bael & Bellis (Brussels)
According to a press release of 19 November 2009, the Romanian Competition Council carried out unannounced inspections (so-called “dawn raids”) at the premises of Advent and Ozone Laboratories, in the framework of its investigation of a notified merger between these two companies. Although the (...)

Procedures

The French Administrative Supreme Court confirms the scope of the FCA’s investigative powers in the context of cross-border investigations (Caudalie)
Ashurst (Paris)
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Ashurst (Paris)
On 17 February 2021, the French Supreme Court confirmed an order authorising the French Competition Authority ("FCA") to carry out dawn raids at Caudalie’s premises on its own account following a request for assistance received from its Belgian counterpart. What you need to know – key takeaways (...)

The French Supreme Court extends legal privilege to all attorney-client correspondence relating to rights of defence (EDF / Dalkia)
Bird & Bird (Paris)
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Bird & Bird (Paris)
On 20 January 2021, the criminal chamber of the French Supreme Court held that in the context of a dawn raid carried out by a competition authority, all attorney-client correspondence relating to the right of defence is protected and therefore exempt from seizure. Contrary to what previous (...)

The Czech Competition Authority fines the manager of an electricity company for not fulfilling the obligation to cooperate during dawn raids (Egem)
Czech Competition Authority (Brno)
Manager of egem did not fulfil the obligation to cooperate during the dawn raid, the office imposed a fine amounting to czk 2,362,000* Petr Mlsna, the Chairman of the Office for the Protection of Competition, by the decision of 6 January 2021 rejected the appeal of EGEM s.r.o. and upheld (...)

The Turkish Competition Authority publishes guidelines for the examination of digital data during on-site inspections
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(1) Introduction The Guidelines on Examination of Digital Data during On-site Inspections (“Guidelines”), which was recently published by the Turkish Competition Authority (“Authority”), specifically refer to the procedure to be followed when the case handlers encounter situations calling for the (...)

The Paris Court of Appeal annuls dawn raids conducted by the Competition Authority to find evidence of an alleged price-fixing cartel in the domestic appliance sector (Whirlpool)
University of Paris I Panthéon-Sorbonne (Paris)
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Ashurst (Paris)
On 8 July 2020, the Paris Court of appeal ("the Court") annulled dawn raids conducted by the French Competition Authority ("the FCA") at Whirlpool’s premises in 2014. On 27 and 28 May 2014, the FCA raided Whirlpool’s premises to find evidence of an alleged price-fixing cartel in the domestic (...)

The Turkish Constitutional Court rules that the principle of legality of crimes and punishments violated with respect to determination of administrative fine by the Competition Authority (Onmed)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction On 30 September 2020, the Constitutional Court’s long-awaited decision as regards the controversies arisen from the application of the most favorable law in competition law cases was announced in the Turkish Official Gazette. This decision appears to be a crucial one as it is the (...)

The Dutch Competition Authority resumes dawn raids, interrogations, and public hearings that were temporarily suspended due to the COVID-19 outbreak Free
Netherlands Authority for Consumers & Markets (The Hague)
ACM resumes dawn raids, interrogations, and public hearings* The Netherlands Authority for Consumers and Markets (ACM) has resumed conducting unannounced dawn raids and interrogations as part of investigations into possible violations committed by companies. In addition, ACM has resumed (...)

The Lithuanian Competition Authority publishes explanatory note clarifying its dawn raids procedure
Lithuanian Competition Authority (Vilnius)
Konkurencijos Taryba Publishes Explanatory Note on Inspections Performed at Business Premises* The Lithuanian competition authority Konkurencijos taryba has prepared an explanatory note for companies and their lawyers to give more clarity on the procedures of the inspections carried out at (...)

The Dutch Competition Authority assists the French Competition Authority in the dawn raids of a Dutch company in order to dismantle a cartel in the selling of apple sauce (Coroos)
Netherlands Authority for Consumers & Markets (The Hague)
ACM AND THE FRENCH COMPETITION AUTHORITY HAVE WORKED TOGETHER IN FINING A FRENCH CARTEL* The French competition authority today imposed fines, totalling 58.3 million euros, on seven food companies for concluding anticompetitive arrangements regarding the selling of apple sauce. These companies (...)

The Dutch Competition Authority imposes a fine of €1.84 million on a company for obstructing and deleting chat conversations during a dawn raid (WhatsApp)
Netherlands Authority for Consumers & Markets (The Hague)
ACM HAS IMPOSED A FINE OF 1.84 MILLION EUROS FOR DELETING WHATSAPP CHAT CONVERSATIONS DURING A DAWN RAID* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine on a company for obstructing an ACM investigation. During a recent dawn raid, employees of the company under (...)

The Dutch Competition Authority imposes a fine of €1.84 million against a company for obstructing an on-the-spot inspection (WhatsApp)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
ACM HAS IMPOSED A FINE OF 1.84 MILLION EUROS FOR DELETING WHATSAPP CHAT CONVERSATIONS DURING A DAWN RAID* Dawn raids may become a nerve-racking experience for companies that are under scrutiny of competition authorities and their employees. During a dawn raid, which is performed without prior (...)

The French Competition Authority can access data of electronic communication operators in order to investigate anticompetitive practices
French Competition Authority (Paris)
The Autorité de la concurrence will now be able to access the data of electronic communication operators* The PACTE Law for the Growth and Transformation of Companies of 22 May 2019, has given the Autorité de la concurrence new power to investigate anticompetitive practices. The law now allows (...)

The Peruvian Competition Authority pre-publicates the draft of guidelines for dawn raids, which seeks to guide the scope of these investigative actions to detect anticompetitive behaviours
Peruvian Competition Authority - INDECOPI (Lima)
THE INDECOPI PRE-PUBLICATES THE DRAFT OF GUIDELINES FOR DAWN RAIDS, WHICH SEEKS TO GUIDE THE SCOPE OF THESE INVESTIGATIVE ACTIONS TO DETECT ANTICOMPETITIVE BEHAVIORS* Indecopi, through the Technical Secretariat of the Free Competition Commission, pre-published for comments the project (...)

The UK Competition and Markets Authority issues its first fine on a company for concealing relevant evidence during a dawn raid (Fender Europe)
Jones Day (London)
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Jones Day (London)
In March 2019, the UK Competition and Markets Authority ("CMA") issued its first fine on a company for concealing relevant evidence during a dawn raid, fining Fender Musical Instruments Europe Limited £25,000. This is the latest example of the trend among competition authorities to hold (...)

The Spanish Supreme Court decides on the interpretation of random discovery of evidence in dawn raids cases (Unión de Recuperación)
Callol, Coca & Asociados (Madrid)
The Supreme Court has upheld the appeal lodged by UdER (Unión de Recuperación) against the Judgment of the High Court of 15 December 2017 (appeal number 15/2015), declaring the NMCC’s Decision of 6 November 2014, Recogida de Papel, file S/0430/12 (Decision) null and void. In the said Decision, (...)

The Spanish Supreme Court rejects applicability of ‘fortuitous discovery’ doctrine when an inspection order is excessively vague (Unión de Empresas de Recuperación)
Cuatrecasas
,
Cuatrecasas (Madrid)
On February 26, 2019, the Spanish Supreme Court ruled on the Unión de Empresas de Recuperación (“UDER”) appeal against the National High Court’s judgment, which had confirmed a 2014 decision of the Comisión Nacional de los Mercados y la Competencia (Spanish Competition Commission, “CNMC”) fining 13 (...)

The Polish Constitutional Tribunal declares as unconstitutional the lack of judicial review over decisions of courts authorising inspections during dawn raids
Modzelewska & Pasnik (Warsaw)
On 16 January 2019, the Constitutional Tribunal (Trybunał Konstytucyjny, “Tribunal”) delivered landmark judgment declaring unconstitutional the laws that prevent an inspected undertaking from appealing against court decision authorizing an inspection (case no. P 19/17). This judgment will (...)

The EU Data Protection Supervisor, the EU Commission and the EU Parliament clarify how data protection laws apply to competition investigations
McDermott Will & Emery (Paris)
,
Norton Rose Fulbright (Brussels)
,
McDermott Will & Emery (Brussels)
The application of the GDPR from 5 May 2018 has had a significant impact on the way companies manage their data in various areas. In the field of competition, the GDPR might well cause companies that face competition investigations to wonder whether they should provide personal data in (...)

The High Court of Namibia declares unlawful a dawn raid conducted by the National Competition Authority on the basis that there was no grounds for granting the search warrant (Puma Energy)
Primerio (Washington)
NAMIBIA: HIGH COURT DECLARES COMPETITION COMMISSION’S SEARCH AND SEIZURE UNLAWFUL* On 9 November 2018, the High Court in Namibia declared a dawn raid conducted by the Namibian Competition Commission (NaCC) in September 2016 to be unlawful. The NaCC raided the premises of PUMA Energy on the (...)

The Spanish Supreme Court recognises the investigated companies’ rights of opposition to dawn raids in an energy sector case (Repsol)
CMS Albiñana y Suárez de Lezo (Madrid)
,
CMS Albiñana y Suárez de Lezo (Madrid)
On 17 September 2018, the Spanish Supreme Court reinforced the necessary requirements for the Spanish Competition Authority (“CNMC”) to carry out competition dawn raids by recognizing the investigated companies’ “right of opposition” to inspections when the inspectors refuse to inform them of the (...)

The Spanish High Court annuls a decision of the Competition Authority that had validated an investigation order to carry out inspections in a company in the automotive industry (Spanish Competition Authority / Faurencia Automotive)
CMS Albiñana y Suárez de Lezo (Madrid)
,
CMS Albiñana y Suárez de Lezo (Madrid)
THE SPANISH HIGH COURT REINFORCES THE REQUIREMENTS TO ISSUE INSPECTION ORDERS BY THE SPANISH COMPETITION AUTHORITY On 25 July 2018, the High Court (Audiencia Nacional) adopted a ruling by which it annulled a decision of the Spanish Competition Authority (Comisión Nacional de los Mercados y la (...)

The EU Court of Justice rejects an appeal against the publication by the Commission of confidential information (Nexans)
Court of First Instance of Namur (Namur)
On 12 June 2018, the Court of the Justice of the European Union (“ECJ”) rejected the appeal lodged by Nexans against the Order of the President of the General Court of 23 November 2017, which had rejected Nexans’ request to prevent the publication by the Commission of confidential information in (...)

The EU General Court confirms that the EU Commission may rely on recordings seized unlawfully by a third party in a dawn raid (Heiploeg)
Norton Rose Fulbright (Brussels)
GENERAL COURT CONFIRMS THAT THE COMMISSION MAY RELY ON LAWFULLY SEIZED RECORDINGS EVEN IF MADE UNLAWFULLY BY A THIRD PARTY* On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the (...)

The Spanish Competition Authority holds that mobile phones are not safe from dawn raid scrutiny (Nougat cartel)
DG COMP (Brussels)
,
Hogan Lovells (Brussels)
Employee’s mobile phones not safe from dawn raid scrutiny, Spanish court finds* On 7 April 2016, the CNMC (Spain’s National Authority for Markets and Competition) Council imposed fines totalling €6.12 million on six Spanish nougat (“turrón”) producers for agreeing to share the market of the main (...)

The Irish High Court finds that the Competition Authority has exceeded its dawn raid powers in seizing digital material in bulk (CRH / CCPC)
McCann FitzGerald (Dublin)
,
McCann FitzGerald (Brussels)
Introduction In CRH plc v The Competition and Consumer Protection Commission the Irish High Court found that the Irish Competition and Consumer Protection Commission (“CCPC”) had exceeded its dawn raid powers in seizing digital material in bulk. The High Court granted orders preventing the CCPC (...)

The Spanish Supreme Court declares a dawn raid illegal because Competition Authority officials did not inform the company that the search warrant had been previously denied (Montibello)
Cuatrecasas
,
Cuatrecasas (Madrid)
On June 15, 2015, the Spanish Supreme Court issued judgment number 1407/2014 on the Cosmética Cosbar S.L. (“Montibello”) appeal against a National High Court judgment, which confirmed the decision of the Comisión Nacional de la Competencia (former Spanish Competition Commission, “CNC”) of March 2, (...)

The EU Court of Human Rights rules that French dawn raids breached fundamental rights (Vinci / GTM)
JPTT-Vitale (Paris)
,
White & Case (Brussels)
,
White & Case (Brussels)
The European Court of Human Rights (the “ECtHR”) has ruled in the Vinci case that the circumstances surrounding the electronic removal of documents and computer files during a dawn raid violated two companies’ privacy rights enshrined in the European Convention on Human Rights (“ECHR”) . The case (...)

The EU Court of Human Rights rules that dawn raids carried out at the premises of two companies by the French Department for Competition, Consumer Protection and Fraud violates both the rights of defense and the right to privacy (Vinci / GTM)
Jones Day (Brussels)
,
Jones Day (Brussels)
,
Jones Day (Paris)
The European Court of Human Rights (ECtHR) recently ruled that dawn raids carried out at the premises of two French construction companies by the DGCCRF (French Department for Competition, Consumer Protection and Fraud) violated both the rights of defense and the right to privacy, due to (...)

The Czech Competition Authority announces that it will recommence dawn raids
Braun (Prague)
The Prohibition on Dawn Raids in the Czech Republic has Ended* Last autumn, the Czech Antitrust Office had announced that it halted its dawn raids. The decision came from – what many felt – was a surprise decision of the European Court of Human Rights in Strasbourg (ECHR) dated 2 October 2014 (...)

The EU Advocate General Nils Wahl recommends the avoidance of "fishing expeditions" during dawn-raid (Deutsche Bahn)
White & Case (Brussels)
European Commission dawn raids – Advocate General recommends the avoidance of “fishing expeditions”* Earlier this month, Advocate General Wahl delivered his opinion in the Deutsche Bahn1 case. This case concerns important practical principles which govern the conduct of European Commission dawn (...)

The EU Court of Human Rights condemns the Czech Republic for lack of effective independent control of competition dawn raids (Delta Pekarny)
Braun (Prague)
No More Dawn Raids in the Czech Republic* For a few weeks now, the Czech Antitrust Office has stopped its dawn raids. The reason for this stems from the surprising decision of the European Court of Human Rights in Strasbourg (ECHR) dated 2 October 2014 (DELTA PEKARNY a.s., complaint number (...)

The Austrian Supreme Court dismisses an appeal by a company subject to a cartel investigation against an earlier decision by the Austrian Cartel Court
Court of First Instance of Namur (Namur)
In a decision recently published on 6 March 2014, the Austrian Supreme Court (Supreme Court) dismissed an appeal by a company subject to a cartel investigation against an earlier decision by the Austrian Cartel Court to allow Austria’s Federal Competition Authority (BWB) access to copies of the (...)

The Spanish National Court annuls a resolution imposing a fine, on the grounds that the duration of the investigation was excessive (UAHE)
Baker McKenzie (Madrid)
The Spanish National Court (Audiencia Nacional, "AN") passed a judgment on 23 December 2013 annulling the Resolution of the Spanish National Competition Commission (Comisión Nacional de la Competencia, "CNC") of 14 June 2012 that held that the Unión de Almacenistas de Hierros de España ("UAHE", (...)

The Canadian Supreme Court establishes that specific authorisation is needed for computer searches in Canada, raising questions on the same matter in EU law (Vu)
Commonwealth Secretariat (London)
Introduction The Supreme Court of Canada (“court”) ruled on November 7, 2013 in R v Vu (“Vu”) that specific warrant authorisation is needed to execute searches of computers and mobile phones. While the judgment concerned alleged offences in relation to the production and possession of (...)

The Canadian Supreme Court rules that investigators cannot search personal electronic items without a warrant providing them with an express authorization (Vu)
Davies Ward Phillips & Vineberg (Toronto)
,
Davies Ward Phillips & Vineberg (Montréal)
The Supreme Court of Canada: A Computer is Not a Cupboard* When investigating cartel violations in Canada, the Competition Bureau’s tool of choice is the “search and seizure” (the Canadian equivalent of the “dawn raid” in Europe). The Bureau execises its search and seizure powers pursuant to (...)

The Moldovan Competition Authority for the first time applies procedural penalties for obstruction of investigation under the new competition law (Voiaj International)
University of Macau - Faculty of Law (Macau)
On 30 August 2013 the Moldovan Competition Authority (CC) has adopted a decision sanctioning travel agency SRL Voiaj International & Co for the refusal to provide CC officials access to the business premises during a ‘dawn raid’ and imposed a periodical penalty until the access is enabled. (...)

The Lithuanian Competition Authority imposes fines against a construction company for refusal to cooperate during a dawn raid (LitCon)
DG COMP (Brussels)
Summary of the decision The Competition Council of the Republic of Lithuania (the "Competition Council") imposed a fine of €180,000 on UAB "LitCon" for failure to provide and removal of potentially incriminating document during "dawn raids". The fine constituted 0,6 % of company’s annual (...)

The Albanian Court of Appeals upholds the Competition Commissions’ decision finding infringement of art. 36 of competition law through obstruction for dawn raids inspections (Intersig)
Electronic and Postal Communications Authority (Tirana)
On April 23, 2013 the Court of Appeals in Albania confirmed a decision of First Instant Court of November 23, 2012 that uphold the Albanian Competition Commission decision no 216, of March, 1-st 2012. On this decision, Albanian Competition Commission(hereinafter the “ACC”) had fined the (...)

The Dutch Court of Appeal holds that research firm should reveal informations about possible cartel infringers (Difotrust)
Court of First Instance of Namur (Namur)
In a judgement of 23 April 2013, published on 13 June 2013, the Court of Appeal of The Hague held that Difotrust, an IT firm specialised in digital forensic research, should reveal information relating to possible cartel infringers. With its ruling, the Court of Appeal reversed the (...)

The EU Commission revises guidance on the conduct of dawn raids
Court of First Instance of Namur (Namur)
On 18 March 2013, the Commission published revised guidance on the conduct of on-the-spot inspections at the business premises of companies suspected of having engaged in anti- competitive behaviour. The main aim of the revision is to reflect rapid technological changes in the last few (...)

The Indian Ministry of Corporate Affairs proposes a significant change in respect of the search and seizure powers granted to the investigating office of Competition Authority
Sonam Mathur (New Delhi)
The Ministry of Corporate Affairs, Government of India which is the authority responsible for the functioning of the Competition Commission of India (CCI) has proposed a bill in the Lower House of Parliament of India on 10 December 2012 to amend the Competition Act, 2002 (Act). This proposal (...)

The Spanish National Court annuls the CNC decision to incorporate evidence gathered during an inspection to the case file of a new investigation (Montesa Honda)
Spanish Competition Authority (Madrid)
,
Cuatrecasas (Barcelona)
,
Philip Morris (Madrid)
On December 4, 2012, the Spanish National Court (Audiencia Nacional) annulled the decision of the Spanish competition authority (formerly called Comisión Nacional de la Competencia or “CNC”, now called Comisión Nacional de los Mercados y de la Competencia or “CNMC”) to incorporate evidence gathered (...)

The EU Court of Justice rejects an appeal by the German energy company for failing to substantiate the reversed burden of proof and the allegedly incorrect assessment of the fines imposed for breaching a seal during an EU dawn raid (E.ON)
Mircea (Bucharest)
I. Introduction Breaching of a seal constitutes a serious violation of the Commission’s investigative powers in the competition field for which fines not exceeding 1 % of the undertaking’s turnover may be imposed. On 15 April 2008, E.ON Energie brought an action for annulment against a (...)

The EU General Court rules on challenges to the dawn raids carried out by the Commission in the electrical cables sector (Prysmian)
Novartis (Basel)
,
Herbert Smith Freehills (Brussels)
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 1. Introduction During the course of 2012 there have been various developments at the EU level in relation to the unannounced inspections or "dawn raids" (...)

The EU General Court halts dawn raid "fishing expeditions" (Prysmian)
Jones Day (Brussels)
,
European Commission (Brussels)
,
Jones Day (Brussels)
Following dawn raids on the premises of electric cable manufacturers, the European General Court has partially overturned two EU Commission inspection decisions, finding the scope of inspection to be overreaching in scope. This is the first time that a court has annulled (albeit partially) a (...)

The EU General Court partially annuls a Commission’s inspection decision and declares inadmissible actions for annulment of measures adopted during the inspection (Prysmian)
Baker Botts (Brussels)
In two judgments rendered on 14 November 2012, the EU General Court (the ‘General Court’) provided guidance on the Commission’s obligation to define the product and geographic scope of its inspections and partially annulled two decisions ordering an inspection (the ‘inspection decisions’) on the (...)

The EU General Court partially annuls a Commission’s inspection decision and declares inadmissible actions for annulment of measures adopted during the inspection (Nexans)
Baker Botts (Brussels)
In two judgments rendered on 14 November 2012, the EU General Court (the ‘General Court’) provided guidance on the Commission’s obligation to define the product and geographic scope of its inspections and partially annulled two decisions ordering an inspection (the ‘inspection decisions’) on the (...)

The EU General Court curtails Commission’s powers to dawn raid companies for suspected competition law infringements (Nexans)
Lexing (Liège)
,
Law, Science, Technology and Society Research Group
I. The Parties Nexans SA and its wholly-owned subsidiary Nexans France SAS – are two French companies which carry out their activities in the electric cable sector. II. The Facts The EU Commission (hereinafter “the Commission”) received information via leniency applications that electric cable (...)

The President of The Hague District Court holds that the Dutch Competition Authority cannot engage in "fishing expeditions"
Court of First Instance of Namur (Namur)
On 5 October 2012, President of The Hague District Court ruled in interim proceedings that the Dutch Competition Authority (“NMa”) cannot order third parties to provide information incriminating undertakings against which the NMa has insufficient information to initiate competition law (...)

A Swiss law enters into force and extends the scope of protection relating the legal professional privilege
Këllezi Legal (Geneva)
A new law entered into force in May 2013 extending the scope of protection of the legal professional privilege in Switzerland in various administrative, civil, and criminal procedures, thereby improving companies’ right to freely communicate with their lawyers. Prior to this, documents located (...)

The Greek Competition Authority fines undertakings for obstructing dawn raids (Kaplanidis Mills / Association of Greek Flour Industries)
Court of First Instance of Namur (Namur)
On 14 June 2012, the Hellenic Competition Commission (“HCC”) announced that it has fined Kaplanidis Mills S.A. and the Association of Greek Flour Industries for obstructing on-site inspections carried out on the basis of suspicions of anticompetitive behaviour in the flour and grain sector. (...)

The Spanish Supreme Court validates the seizure of documents protected by legal privilege and those beyond the scope of the inspection order (STANPA)
Lonza (Basel)
,
Cuatrecasas (Barcelona)
On April 27, 2012, the Spanish Supreme Court issued judgment number 6552/2009 on the appeals submitted by the Asociación Nacional de Perfumería y Cosmética (“STANPA”) and the Spanish Competition Authority (“CNC”) against the judgment of the Audiencia Nacional (Spanish Court of Appeal, “AN”) of (...)

The EU Commission fines two Czech energy companies for obstructing dawn raids (Energetický a průmyslový holding / EP Investment Advisors)
Court of First Instance of Namur (Namur)
On 28 March 2012, the European Commission imposed a total of € 2,500,000 in fines on Energetický a průmyslový holding and EP Investment Advisors, active in the energy sector in the Czech Republic, for obstructing an on-the-spot inspection carried out by Commission officials from 24 to 26 (...)

The US DoJ assistant Attorney General announces closer antitrust cooperation between the US and Chinese enforcement agencies
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Washington)
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 24, 2011, Assistant Attorney General Christine Varney announced that the U.S. antitrust enforcement agencies will be signing a cooperation agreement with (...)

The Polish Competition Authority proves again that obstruction of an inspection does not pay off and imposes a record-breaking penalty of €33 million for its obstruction (Polkomtel)
Greenberg Traurig Grzesiak (Warsaw)
,
Hogan Lovells (Warsaw)
An inspection of Polkomtel S.A’s ("Polkomtel" or the "Company") premises took place on 2 December 2009 as part of a number of simulataneous dawn raids carried out by the President of the Office of Competition and Consumer Protection (the "OCCP") as part of its investigation into mobile (...)

The Polish Competition Authority fines mobile network operator €33 million for obstructing investigation during a dawn raid (Polkomtel)
Court of First Instance of Namur (Namur)
On 24 February 2011, the Polish Competition Authority (UOKiK) imposed a € 33 million fine on mobile network operator Polkomtel for obstructing an antitrust investigation. Polkomtel was condemned for delaying the inspection of its offices by UOKiK’s investigators and for refusing to hand over (...)

The Polish Competition Authority fines mobile network operator €30 million for obstructing inspections during a dawn raid (Polska Telefonia Cyfrowa)
Court of First Instance of Namur (Namur)
On 4 November 2010, the Polish Competition Authority (UOKiK) fined Polska Telefonia Cyfrowa (PTC) € 30 million for obstructing an on-the-spot inspection. It was acknowledged that PTC‘s employees did not allow the inspectors to enter the company’s offices and delayed a search of the premises. In (...)

The Paris Court of Appeal reviews the legality of searches and seizures of electronic documents during dawn raids
Court of First Instance of Namur (Namur)
Called upon to review the practice of untargeted searches and seizures of digital data by the investigators of the French Competition Authority, a judge delegated by the President of the Paris Court of Appeal (the "President’s delegate") recently stayed proceedings and requested an expert (...)

The EU Court of Justice confirms that legal professional privilege under EU law does not extend to communications with in-house lawyers (Akzo Nobel)
Monckton Chambers (London)
,
A&L Goodbody (Dublin)
,
Linklaters (Brussels)
Background In February 2003, the Commission, with the assistance of the UK’s Office of Fair Trading, conducted a dawn raid at the UK premises of Akzo Nobel and Akcros Chemicals on suspicion of possible anti-competitive practices. During the raid, a dispute arose between the investigation team (...)

The EU Court of Justice confirms that communications with an in-house lawyer are not legally privileged (Akzo Nobel)
Stibbe (Amsterdam)
,
Outer Temple Chambers (London)
1. Following approximately seven years of extended litigation, discussed in previous issues of Concurrences the last phase of the Akzo litigation relating to the personal scope of legal professional privilege ("LPP") has finally come to an end with the European Court of Justice’s ("ECJ") seminal (...)

The Czech Constitutional Court rules that an inspection at the business premises of a company does not require prior judicial authorization (Delta Pekarny)
Havel, Holasek (Prague)
Introduction On 26 August 2010 the Czech Constitutional Court rendered a judgment whereby it rejected as manifestly ill-founded a constitutional appeal of business company Delta Pekarny (one of the largest companies on the bakery market in the Czech Republic) against the judgment of the (...)

The Dutch Competition Authority adopts guidelines on dawn raids
Court of First Instance of Namur (Namur)
On 16 August 2010, the Dutch Competition Authority (the “NMa”) published new guidelines on dawn raids. These guidelines were adopted after a consultation round among stakeholders held at the beginning of 2010. These guidelines amend and replace the NMa‘s former guidelines on dawn raids of December (...)

The Dutch Competition Authority adopts a new procedure concerning the inspection and copying of analog and digital data and documents
European Commission (Brussels)
The Netherlands: Competition Authority (NMa) adopts a new Procedure in relation to the Inspection and Copying of Analog and Digital Data and Documents On 17 August 2010, a revised version of the NMa Procedure in relation to the Inspection and Copying of Analog and Digital Data and Documents (...)

The Romanian Competition Authority brings national competition Law in line with EU Union competition rules (Emergency Government Ordinance 75/2010)
Musat & Asociatii (Bucharest)
On July 06, 2010 Emergency Government Ordinance 75/2010 (“EGO 75”), amending the provisions of the Competition Law 21/1996 (the “Competition Law”), has been published in the Official Gazette. EGO 75 will enter into force on 05 August 2010. EGO 75 is the result of a relatively long process during (...)

The Paris Court of Appeal defines and applies a demanding standard of proof for justification of dawn raids targeting press groups (Amaury)
Jones Day (Paris)
Dawn raids vs. the freedom of the press* Relying on what seems to be unprecedented reasoning, the President of the Paris Court of Appeals has quashed a judicial order authorizing a dawn raid against several companies belonging to Amaury, a French news group that publishes mainly sports (...)

The ECJ Advocate General Kokott advises against the extension of legal professional privilege to in-house lawyers (Akzo Nobel)
Court of First Instance of Namur (Namur)
On 29 April 2010, Advocate General Juliane Kokott handed down her opinion in an appeal before the Court of Justice by Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd. The appeal had been brought against a judgment of the Court of First Instance (now the General Court) of 17 September 2007 in (...)

The Spanish National Court finds that the ANC has exceeded its powers in taking copies of company employees hard drives and breached the principle of domicile inviolability (Spanish Cosmetic Toiletry / Stanpa)
Latam Airlines (Las Condes)
This judgment assessed the legality of the dawn raids carried out by the Spanish Competition Commission (CNC) in the professional hairdressing sector in 2008 in relation to alleged price-fixing and other anti-competitive practices. The appeal was launched before the National Court by the (...)

The Spanish Court of Appeal issues a decision that renders illegal some of the Competition Authority’s inspection practices (CNC)
Garrigues (Brussels)
Spanish Court of Appeal strikes down CNC’s Inspection Practices* The Audiencia Nacional (‘AN’) – i.e. the Spanish Court in charge of the review of decisions adopted by the Spanish National Competition Commission (‘CNC’) – recently delivered an important judgment quashing some of the CNC’s (...)

The EU Court of Justice dismisses an application to intervene in appeals against the Commission’s decision not to grant legal privilege to two sets of documents copied by the Commission in the course of a dawn raid (Akzo Nobel)
Court of First Instance of Namur (Namur)
The European Court of Justice (ECJ) has dismissed applications to intervene in an appeal by Akzo Nobel Chemicals Ltd (Akzo) and Akcros Chemicals Ltd (Akcros) against a Commission Decision not to grant legal privilege to two sets of documents copied by the Commission in the course of a dawn (...)

The UK Court of Appeal’s judgment in the Marine Hoses cartel shows the interplay between UK criminal investigation and US plea agreement (Whittle / Allison & Brammar)
United Kingdom’s Competition Authority - CMA (London)
The Marine Hoses Cartel has been a test case on several grounds: parallel and coordinated dawn raids by the European Commission, the OFT and the US DoJ; first criminal prosecution to be brought under the new Criminal Cartel Offence in the UK; use of DVD covertly recording of a cartel meeting (...)

The Spanish Competition Authority launches dawn raids giving rise to controversy over defense rights (Colgate Palmolive España / L’Oreal / Stanpa)
European Court of Justice (Luxembourg)
,
Garrigues (Brussels)
The entry into force of the new Spanish leniency program has significantly stepped up cartel investigations undertaken by the Spanish Competition Authority (hereinafter “CNC”). Under the new regulatory framework enacted by the Spanish Competition Act in July 2007, the CNC has initiated 48 (...)

The EU Commission opens formal proceedings against a pharmaceutical company (Sanofi-Aventis)
Court of First Instance of Namur (Namur)
On 2 June 2008, the European Commission announced that it has opened formal proceedings against Sanofi-Aventis SA in order to investigate a possibly illegal obstruction of a dawn raid carried out at the company’s premises during January 2008 as part of the pharmaceuticals sector inquiry. The (...)

The Swiss Federal Criminal Court rules on legal privilege (Panalpina)
International Committee of the Red Cross (Geneva)
The Swiss Federal Criminal Court (“SFCC”) recently issued a judgment confirming that, under Swiss law, professional secrecy and therefore legal privilege do not apply to communications between a company and its in-house counsel in the context of seizure of documents by the Swiss Competition (...)

The Danish Supreme Court denies damages to a telecommunications operator company who claims to have suffered damages as a result of a dawn raid (Telia Telecom)
DLA Piper (Copenhagen)
On February 1st, 2008, the Danish Supreme Court upheld a judgment by the Appeal Court for Eastern Denmark denying damages to the Danish telecommunications operator Telia Telecom A/S (“Telia Telecom”). Telia Telecom claimed to have suffered damages as a result of a dawn raid carried out by the (...)

The Portuguese Commercial Court holds that in-house lawyers are covered by national rules on legal privilege (Unilever Jerónimo Martins)
SRS Advogados (Lisbon)
In a decision issued on 16 January 2008, the Commercial Court of Lisbon recognised that the protection of legal professional privilege applies to in-house lawyers and, in doing so, it rejected the argument of the Portuguese Competition Authority (PCA) that EU case law should apply to this (...)

A Hungarian Court confirms a Competition Authority’s decision on the use of evidence seized in dawn raids
Van Bael & Bellis (Brussels)
On 21 November 2007, the Budapest High Court of Justice handed down a judgment essentially confirming all aspects of a cartel decision issued by the Hungarian Competition Authority (“GVH”) in 2004. In its judgment, the Court made interesting statements, in particular, concerning the use of (...)

The Swedish Market Court rejects the NCA’s application for fining an association of undertakings providing car towing services for price setting due to standard of proof issue (MRF - Bärgarna / Assistancekåren)
Swedish Competition Authority (Stockholm)
,
Djungo (Stockholm)
In 2002, the Swedish Competition Authority (the ) received complaints regarding the Swedish association of companies which provide car towing services, MRF-Bärgarna, and its subsidiary Assistancekåren Sweden AB (“Assistancekåren”). The SCA launched an investigation and in January 2003 carried out (...)

The EU Court of First Instance refuses to extend the protection of legal privilege in connection with EU competition investigations to communications between companies and their in‐house lawyers (Akzo Nobel)
Paul Hastings (Paris)
,
Pitmans (London)
,
Commonwealth Bank of Australia (Sydney)
The second‐highest court in Europe ruled recently that attorney‐client privilege does not apply to certain communications between companies and their in‐house counsel. In its ruling in Akzo Nobel Chemicals Limited v. Commission on 17 September 2007, the European Court of (...)

The Danish Parliament adopts changes to the Competition Act introducing leniency programme and strengthening the Competition Authority’s enforcement powers (2006-07-L 152)
DLA Piper (Copenhagen)
On 10 May 2007, the Danish Parliament adopted changes to the Danish Competition Act which introduce a leniency programme and strengthen the enforcement powers of the Danish Competition Authority (“DCA”). The amendments enter into force on 1 July 2007. In Denmark, the competition rules are (...)

The Finnish Supreme Administrative Court rules on right of access to documents related to cartel investigations on the basis of the Finnish Act on Openness of Government Activities (Skanska Asfaltti Oy / Metsäliitto Ossuskunta)
Dittmar & Indrenius (Helsinki)
,
Krogerus (Helsinki)
The Finnish Supreme Administrative Court has in April 2006 given two rulings concerning the right of a party to obtain information related to cartel investigations from the Finnish Competition Authority (FCA). The cases cover the definition of an official document to which access must be given (...)

A Swedish Court allows the NCA to search private office facilities of a CEO in a company suspected of being part of an illegal cartel (Hälsingefrakt)
Regeringskansliet
,
Setterwalls
On January 13th, 2006, the Stockholm District Court granted a motion from the Swedish Competition Authority concerning a dawn raid against seven companies suspected of being part of an illegal cartel. During this raid suspicion arose that relevant documents were to be found at the private (...)

The Swedish and Danish Competition Authorities conduct in the energy sector one of the first joint dawn raids made possible (Dong Naturgas / Nova Supply)
Cederquist (Stockholm)
In relation to an investigation of a concentration between the Danish company DONG Naturgas A/S (“Dong”) and Nova Supply AB, the Swedish Competition Authority (the “SCA”) came across information that indicated that the companies Öresundskraft AB and Dong had entered into a cooperation that would (...)

Regulatory

The Danish Government proposes a new competition act entailing several extensive and intrusive changes to the current one as a part of the implementation of the ECN+ directive
Bird & Bird (Copenhagen)
,
Bird & Bird (Copenhagen)
As a part of the implementation of the ECN+ Directive, a new competition act has been proposed by the Danish Government. The proposed competition act entails several extensive and intrusive changes to the current competition act. Accordingly, companies should be aware that these amendments will (...)

The UK Competition Authority publishes guidance on its functions to explain the effects of Brexit on the application of competition law in the UK during and after the transition period
Baker Botts (Brussels)
,
University of Tilburg
,
Baker Botts (London)
The EU and the UK have now both set out their negotiating mandates for the forthcoming trade negotiations. On 25 February 2020, the Council of the EU adopted a formal decision authorising the commencement of trade negotiations with the UK, together with a revised version of the European (...)

The Polish Competition Authority gains new powers to fight unfair practices in the food industry
WKB Wiercinski Kwiecinski Baehr (Poznan)
The Polish Competition Authority gains new powers to fight unfair practices in the food industry* The Act on Combating Unfair Use of Contractual Advantage in Trading in Agricultural and Food Products (the “Act”) will enter into force in the mid-2017. The objective of the Act is to eliminate (...)

The UK Competition Authority issues an overview of competition law and steps that companies can take to comply with competition law
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
UK COMPETITION REGULATOR ISSUES GUIDANCE ON HOW BUSINESSES CAN COMPLY WITH COMPETITION LAWS* The UK Office of Fair Trading (OFT) has issued an overview of competition law and steps that companies can take to comply with competition law. This advice was issued in response to the results of a (...)

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