Dawn Raids

Foreword Competition Investigations & Dawn Raids: An overview of EU and national case law New

In Europe and beyond, the number of dawn raids remains very high and shows no sign of slowing down. Although the pandemic backlog is now largely cleared, competition authorities are still receiving leniency applications and complaints and opening a growing number of ex-officio investigations in parallel. At the same time, Courts are rightfully more and more attentive to fundamental rights, judicial review and the protection of private life. No surprise considering the tools that are used these days and the breadth of searches they allow: in private homes and across personal devices and data sets, not just professional ones. The need to design and implement effective dawn raid responses is, therefore, more important than ever so that inspected companies enjoy effective protection of their rights, safeguards are in place, and also avoid the risk of obstruction procedures and fines.

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Mayer Brown (Paris)
France 100 contributions 126302 visits

Anticompetitive practices

 The Hellenic Competition Authority issues a statement of objection on a case concerning the obstruction of a dawn raid in the supply and retail trade of supermarket products sector New
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Statement of objections on a case concerning the obstruction of a dawn raid* Subject: Statement of objections on the case concerning the obstruction of a dawn raid conducted by the Directorate-General for Competition in the sectors of supply and retail trade of supermarket products, in (...)

The EU Commission carries out unannounced inspections in the online food delivery sector Free
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945621 visits
The European Commission is carrying out unannounced inspections at the premises of companies active in the online ordering and delivery of food, groceries and other consumer goods in two Member States. The Commission has concerns that the companies concerned may have violated EU antitrust (...)

The Spanish Competition Authority conducts dawn raids at the premises of a number of companies operating in the rail freight transport and rail traction services market to investigate possible anticompetitive practices
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31834 visits
The CNMC investigates possible anti-competitive practices in the field of rail freight transport and rail traction services* The commission is analysing the existence of possible anti-competitive practices in rail freight transport services and in the provision of rail traction services for (...)

The Dutch Competition Authority launches an investigation into potentially illegal arrangements between an internationally operating manufacturer of IT devices and its distributors
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36845 visits
ACM launches investigation into illegal arrangements involving IT devices* The Netherlands Authority for Consumers and Markets (ACM) has launched an investigation into potentially illegal arrangements between an internationally operating manufacturer of IT devices and its distributors. In (...)

The EU Commission carries out unannounced antitrust inspections in the construction chemicals sector
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945621 visits
The EU Commission carries out unannounced antitrust inspections in the construction chemicals sector* The European Commission is carrying out unannounced antitrust inspections at the premises of companies active in the construction chemicals sector in several Member States. The Commission (...)

The Spanish Competition Authority investigates possible anticompetitive practices in the market for the distribution of agricultural machinery
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31834 visits
The CNMC investigates possible anti-competitive practices in the market for the distribution of agricultural machinery* The alleged practices consist of market sharing through the restriction of passive sales to customers located outside the area specified in the distribution contracts. From (...)

The New Caledonian Competition Authority carries out a landmark dawn raid operation in the market for the supply and wholesale distribution of consumer products
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3792 visits
First visit and seizure operation for the ACNC* The general rapporteur of the ACNC indicates that an unannounced visit and seizure operation was carried out in the sectors of supply and wholesale distribution of consumer products in New Caledonia. The ACNC’s investigation service carried (...)

The French Competition Authority carries out a dawn raid at the premises of a company suspected of having implemented anticompetitive practices in the graphics cards sector
French Competition Authority (Paris)
France 748 contributions 411296 visits
The General Rapporteur of the Autorité de la concurrence indicates that an unannounced inspection was carried out in the graphics cards sector* Following authorisation from a liberty and custody judge, the investigation services of the Autorité de la concurrence carried out a dawn raid at (...)

The Hellenic Competition Authority imposes a fine of €1.2M on a media company and its main shareholder for the obstruction of a dawn raid (Alter Ego Media / EM)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Press Release - Decision on the case concerning the obstruction of a dawn raid conducted by the Directorate-General for Competition* Subject: Decision on the case concerning the obstruction of a dawn raid conducted by the Directorate-General for Competition by the company under the name (...)

The Hellenic Competition Authority finds that an undertaking active in the print distribution market concluded anticompetitive vertical agreements and imposes a €750K fine (ARGOS)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Decision on the ex officio investigation into the press distribution market as well as on the ex officio investigation following HCC Decision No. 659/2018, imposing a fine of EUR 750,656.06* The Hellenic Competition Commission (HCC), in plenary, examined, following the relevant Statement of (...)

The Romanian Competition Authority conducts dawn raids at the premises of 10 financial institutions as part of a new investigation into possible arrangements to limit consumers’ access to credit products and services for individuals (Credit Bureau / Romanian Association of Banks / Alpha Bank / CEC Bank...)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29513 visits
COMPETITION COUNCIL COMPLETES THE UNANNOUNCED INSPECTIONS IN THE BANKING SECTOR* The Competition Council has completed the unannounced inspections carried out at ten banks, as well as at the Credit Bureau and the Romanian Association of Banks. The banks inspected are: Alpha Bank Romania (...)

The Hellenic Competition Authority carries out dawn raids at the premises of companies active in the market for baby products
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Unannounced inspections at the premises of undertakings active in markets for products for babies and toddlers* Today, officials of the Hellenic Competition Commission (HCC) carried out unannounced inspections at the premises of undertakings active in markets for products for babies and (...)

The Brazilian Competition Authority carries out a dawn raid in conjunction with the Federal Police and Prosecution Services to investigate an alleged cartel in the car carrier market
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21834 visits
CADE, Federal Police, and Prosecution Services carry out operation to examine alleged cartel in the car carrier market* The states of São Paulo, Minas Gerais, and Mato Grosso complied with search and dawn raids The Administrative Council for Economic Defense (CADE), the Federal Police of (...)

The Polish Competition Authority initiates a preliminary investigation in the agricultural products warehousing industry to determine whether the prices of crop siloes might have increased as a result of illegal practices (BIN / Michał P. Targoński)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22837 visits
Siloes - preliminary investigation and searches* Has the increase of prices for siloes intended for storing crops following the announcement of aid scheme for farmers been the consequence of an illegal competition-restricting arrangement? President of UOKiK, Tomasz Chróstny, has initiated (...)

The Lithuanian Competition Authority fines the largest capital company in the country for obstruction of a dawn raid (Maxima LT)
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20940 visits
"MAXIMA LT" INTERFERED WITH THE COMPETITION COUNCIL’S INSPECTION OF THE COMPANY’S PREMISES* The Competition Council acknowledged that during the inspection carried out in the premises of "Maxima LT", the officials of the institution were not able to fulfil the requirements to review and (...)

The Hong Kong Competition Authority conducts a dawn raid at a public mortuary (New Territories Forensic Medicine Centre)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11851 visits
Competition Commission conducts surprise visit to New Territories (Shatin) Forensic Medicine Centre* The Competition Commission (Commission) conducted a surprise visit this morning (15 August 2023) to the New Territories (Shatin) Forensic Medicine Centre (the reprovisioned Fu Shan Public (...)

The Brazilian Competition Authority carries out dawn raids at the premises of cartel participants in the orthopaedic surgery market
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21834 visits
CADE and Brazilian Prosecution Services carry out search and seizure against cartel in the orthopaedic surgery market* On 26 July 2023, investigators executed 24 search warrants in three states of the north-eastern region of Brazil On 26 July, the Administrative Council for Economic (...)

The Polish Competition Authority conducts a preliminary investigation into the possible collusion in the market for production and distribution of ambulances
Polish Competition Authority (Warsaw)
Poland 120 contributions 22837 visits
Is there a collusive bidding for ambulances deliveries? Preliminary investigation and searches* Are ambulance deliveries to healthcare facilities made in breach of the competition law? President of UOKiK, Tomasz Chróstny, has opened a preliminary investigation into the case and the Authority’s (...)

The Italian Competition Authority initiates an investigation against seven energy companies over an alleged agreement to restrict competition in the sale of motor fuel (Eni / Esso / Ip...)
Italian Competition Authority (Rome)
Italy 72 contributions 19356 visits
I864 - ICA: investigation initiated vis-à-vis Eni, Esso, Ip, Iplom, Q8, Tamoil and Saras for alleged cartel in the motor fuels sector* According to the Authority, which received a report from a whistleblower, the companies may have coordinated to define the value of the ’bio component’ of (...)

The Danish Competition Authority finds an online marketplace for auto repair quotes guilty of entering into price fixing agreements with auto repair shops (Autobutler)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36522 visits
The Danish Competition Council: Autobutler has infringed competition law* For several years Autobutler has violated competition law by entering into agreements regarding fixed prices with several hundred auto repair shops on its digital platform. The Danish Competition Council adopted a (...)

The Spanish Competition Authority carries out several dawn raids at the premises of relevant companies in the electricity sector for possible anti-competitive agreement
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31834 visits
The CNMC carries out several dawn raids at the premises of relevant companies in the electricity sector for possible anti-competitive practices* The dawn raids took place in two rounds: between 24 and 28 April 2023 and between 19 and 23 June 2023. The CNMC is investigating possible practices (...)

The Polish Competition Authority conducts preliminary investigations into collusions in the market for selling farming machines
Polish Competition Authority (Warsaw)
Poland 120 contributions 22837 visits
Preliminary investigations into collusions on selling farming machines* Have farming machines of most popular brands been sold in breach of the fair competition rules? President of the Polish Competition Authority (UOKiK or Authority) has instigated three preliminary investigations into this (...)

The Hong Kong Competition Authority conducts a dawn raid to search for anti-competitive conduct regarding fish wholesale in Aberdeen (Aberdeen Fish Market)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11851 visits
Competition Commission conducts another search regarding fish wholesale case in Aberdeen and invites fishery industry to provide information* The Competition Commission (Commission) conducted another round of operation in its ongoing investigation codenamed “White Whale” on the morning of 20 (...)

The EU Commission carries out unannounced inspections at the premises of companies active in the synthetic turf sector
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945621 visits
Antitrust: Commission carries out unannounced inspections in the synthetic turf sector* The European Commission is carrying out unannounced inspections at the premises of companies active in the synthetic turf industry in several Member States. The Commission has concerns that the (...)

The Spanish Competition Authority investigates possible anti-competitive practices in the market for professional hairdressing products
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31834 visits
The CNMC investigates possible anti-competitive practices in the sector of professional hairdressing products* The alleged practices consist of imposing resale prices and other commercial conditions on the distributors in the sector. From 23 to 25 May, the CNMC carried out dawn raids at the (...)

The Romanian Competition Authority fines three butter producers a total of €2.9M for obstructing a dawn raid which was carried out during the course of an investigation (Albalact / Covalact / Dorna Lactate)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29513 visits
COMPETITION COUNCIL FINED ALBALACT, COVALACT AND DORNA LACTATE WITH 2.9 MILLION EUROS* The Competition Council sanctioned Albalact, Covalact and Dorna Lactate, part of the French group Lactalis, with fines amounting 14.335.002,70 lei (approx. 2.9 million euros) for refusing to provide access (...)

The French Competition Authority carries out unannounced inspections in the passenger rail transport, distribution of travel agency services and products, and digital mobility systems sectors following alleged anticompetitive practices
French Competition Authority (Paris)
France 748 contributions 411296 visits
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections were carried out in the passenger rail transport, travel agency services and products distribution, and digital mobility systems sectors* Following authorisation from a liberty and custody judge, (...)

The UK Government announces the Digital Markets, Competition and Consumers Bill to introduce a wide range of reforms in the regulation of Big Tech
Ashurst (London)
United Kingdom 35 contributions 17183 visits
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Ashurst (London)
United Kingdom 8 contributions 3361 visits
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Ashurst (London)
United Kingdom 16 contributions 4262 visits
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On 25 April 2023, the UK Government introduced the draft Digital Markets, Competition and Consumers Bill (the "Bill"). The date for the second reading is yet to be formally scheduled. In our first update, we provide a high level overview of the proposed reforms. Subsequent updates will focus (...)

The Austrian Competition Authority commences dawn raids in the market for the distribution of refrigeration and freezing equipment
Austrian Competition Authority (Vienna)
Austria 64 contributions 7794 visits
Austrian Federal Competition Authority confirms dawn raid in the distribution of refrigeration and freezing equipment* The Austrian Federal Competition Authority (AFCA) is carrying out a dawn raid in the distribution of refrigeration and freezing equipment. The undertaking is suspected of (...)

The EU Commission confirms unannounced inspections of some businesses in the fashion sector over concerns that the companies concerned may have violated competition law provisions that prohibit cartels and restrictive business practices
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945621 visits
Antitrust: Commission confirms unannounced inspections in the fashion sector* On 18 April 2023, the European Commission has started unannounced inspections at the premises of companies active in the fashion industry in several Member States. In parallel, the Commission has sent out formal (...)

The Spanish Competition Authority investigates possible anticompetitive practices in the allocation of travel agency tenders
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31834 visits
The CNMC investigates possible anti-competitive practices in the allocation of travel agency tenders* These practices consist of agreements for the manipulation and allocation of tenders called by the General State Administration. On 28, 29, 30 and 31 March, the CNMC carried out dawn raids at (...)

The Hellenic Competition Authority carries out a dawn raid at the premises of a company active in the collection, processing and sale of currant
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Dawn raids in the market for currant* Today, officials of the Hellenic Competition Commission (HCC) carried out unannounced inspections at the premises of a company active in the collection, processing and sale of currant. The dawn raid was carried out in the context of the HCC’s ex officio (...)

The Fijian Competition Authority intensifies its efforts against businesses that sell LPG above the price cap
Fijian Competition & Consumer Commission - FCCC (Suva)
Fiji 12 contributions 975 visits
TRADERS FOUND BREACHING THE AUTHORIZED LPG PRICE * Following the latest release of the new fuel authorisation issued by Fijian Competition & Consumer Commission (FCCC), a total of 185 inspections were conducted on Saturday, 1 April 2023, in most parts of Fiji. During the inspections it (...)

The Austrian Competition Authority files an application to fine two companies engaged in energy submetering (Meßtechnik Gesellschaft / Meßtechnik FMB)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7794 visits
AFCA files application to fine two companies engaged in energy submetering* Following its investigations into submetering, the Austrian Federal Competition Authority (AFCA) filed another application with the Cartel Court on 16 March 2023 to impose a fine on two additional companies for (...)

The Swiss Competition Authority investigates possible collusions in the fragrance market (Firmenich / Givaudan / International Flavors & Fragrances / Symrise)
Swiss Competition Commission (Bern)
Switzerland 18 contributions 636 visits
COMCO investigates possible collusions in the fragrance market* COMCO has indications that several undertakings active in the production of fragrances have violated cartel law. There are suspicions that these undertakings have coordinated their pricing policy, prohibited their competitors (...)

The EU Commission carries out dawn raids in the fragrance sector with assistance from the UK Competition Authority, US DoJ and the Swiss Competition Authority
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945621 visits
Antitrust: Commission confirms unannounced inspections in the fragrance sector* On 7 March 2023, the European Commission carried out unannounced inspections at the premises of companies and an association active in the fragrance industry in various Member States. In parallel, the Commission (...)

The Hellenic Competition Authority carries out a dawn raid at the premises of a pharmaceutical company
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Dawn raids in the pharmaceuticals sector* SUBJECT: Dawn raids in the pharmaceuticals sector Today, officials of the Hellenic Competition Commission (HCC) carried out unannounced inspections at the premises of a company active in the pharmaceuticals sector. The dawn raid was carried out in (...)

The Hungarian Competition Authority carries out dawn raids on the premises of several market players in the market for food supplies in an effort to counter rising grocery prices
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19905 visits
The actions against price increase of groceries continue, the GVH involved new product categories into its investigation* 9 February 2023, Budapest - The Hungarian Competition Authority (GVH) launched new accelerated sector inquiry with dawn raids as targeted measures to identify the (...)

The UK Competition Appeal Tribunal finds that the Competition Authority cannot compel responses to information requests from foreign parents with no UK connection (Volkswagen / BMW)
Clifford Chance (London)
United Kingdom 7 contributions 2693 visits
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Clifford Chance (London)
United Kingdom 1 contribution 518 visits
The UK Competition Appeal Tribunal (CAT) has ruled that the Competition and Markets Authority (CMA) has no power to compel responses to information requests from foreign parent companies with no connection to the UK, other than their UK-based subsidiaries. Foreign foray frustrated In its (...)

The UK Competition Appeal Tribunal decides in favour of the two automobile manufacturers’ challenges and against the extraterritorial application of the competition authority’s investigatory powers (Volkswagen / BMW)
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9669 visits
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Mayer Brown (London)
United Kingdom 43 contributions 18273 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 675 visits
On 8 February 2023, the UK’s Competition Appeal Tribunal (CAT) issued a joint judgment in two cases: BMW AG v CMA and R (on the application of VW AG) v CMA, relating to the territorial scope of the CMA’s information gathering powers under Section 26 of the Competition Act 1998 (CA98). The CAT (...)

The UK Competition Appeal Tribunal puts brakes on the extraterritorial investigation efforts into two automobile manufacturers due to no territorial connection to the UK (Volkswagen / BMW)
White & Case (Brussels)
Belgium 57 contributions 58489 visits
,
White & Case (London)
United Kingdom 27 contributions 13840 visits
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White & Case (London)
United Kingdom 12 contributions 2960 visits
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On 8 February 2023, the CAT upheld claims by both BMW and Volkswagen confirming that the CMA cannot compel responses to information requests from companies with no territorial connection to the UK. CMA Investigation In March 2022, the CMA opened an investigation into suspected (...)

The Hellenic Competition Authority carries out dawn raids in the beer and alcoholic beverages sector
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Press Release - Dawn raids in the beer and alcoholic beverages sector* On 31 January 2023, officials of the Hellenic Competition Commission (HCC) carried out unannounced inspections in the beer and alcoholic beverages sector. The dawn raid was carried out in the context of the HCC’s (...)

The Spanish Competition Authority initiates disciplinary proceedings against 7 companies for alleged market allocation and bid rigging in the market for food distribution to schools, nursing homes and prisons (Asesores Llangón/ Frutícolas Ateca / Hermanos Vidal...)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31834 visits
The CNMC initiates disciplinary proceedings against several food distribution companies* The CNMC is investigating the allocation of clients and the possible manipulation of tenders related to the supply of food to schools, nursing homes and prisons, among other communities. Madrid, 16 (...)

The Luxembourg Administrative Tribunal modifies and upturns the Competition Authority’s fine on a food supplier for resale price maintenance, and affirms the right of a leniency applicant to benefit from the principle of legitimate expectation (Bahlsen / Delhaize / Auchan)
Bonn & Schmitt (Luxembourg)
Luxembourg 27 contributions 88440 visits
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Bonn & Schmitt (Luxembourg)
Luxembourg 1 contribution 119 visits
Introduction On 6 January 2015, the Luxembourg Competition Authority (formerly the Competition Council, hereinafter “Authority”) opened an investigation against the food supplier Bahlsen on suspicion of aligning resale prices to consumers. After a search of the supplier’s headquarters on 15 (...)

The Polish Competition Authority fines a seller of security cameras and its distributors for resale price maintenance, price fixing, market sharing and obstructing an investigation (Dahua Technology)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22837 visits
Dahua Technology Poland - suspicion of collusion with distributors and a fine for hindering the search* Did Dahua Technology Poland, one of the country’s largest manufacturers of electronic monitoring equipment, enter into price collusion and divide the market together with its distributors? (...)

The Hong Kong Competition Authority and police conduct a dawn raid on a fish market after receiving price fixing complaints (Aberdeen Fish Market)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11851 visits
Competition Commission and Government departments conduct joint operation at Aberdeen Wholesale Fish Market* The Competition Commission (Commission), together with the Hong Kong Police, the Agriculture, Fisheries and Conservation Department, the Food and Environmental Hygiene Department, the (...)

The French Competition Authority’s General Rapporteur indicates that unannounced inspections have been carried out in the cow’s milk supply sector
French Competition Authority (Paris)
France 748 contributions 411296 visits
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the cow’s milk supply sector* Following authorisation from the liberty and custody judge, the investigation services of the Autorité de la concurrence have raided (...)

The Hellenic Competition Authority conducts dawn raids at the premises of undertakings active in the manufacturing, import and distribution of aluminium, PVC and iron processing machines
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Dawn raids at the premises of undertakings active in the manufacturing, import and distribution of aluminium, PVC and iron processing machines* Subject: Dawn raids at the premises of undertakings active in the manufacturing, import and distribution of aluminium, PVC and iron processing (...)

The Spanish Competition Authority cooperates with the Portuguese Competition Authority to investigate several wood chip suppliers over a potential information sharing cartel
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31834 visits
The CNMC and the Portuguese competition authority (AdC) investigate several wood chip suppliers.* Competing companies allegedly shared the market in Spain and Portugal and exchanged sensitive information. These practices are prohibited by Article 101 of the Treaty on the Functioning of the (...)

The Canadian Competition Authority publishes an information bulletin on transparency during competition investigations
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11892 visits
Competition Bureau publishes a new Information Bulletin on Transparency* News release The Competition Bureau published its new Information Bulletin on Transparency, a resource that explains the approach the Bureau takes in communicating with different groups of people during its (...)

The Canadian Competition Authority releases an information bulletin to increase its transparency
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21461 visits
Introduction Canada’s Competition Bureau (the Bureau), which assists the Commissioner of Competition (the Commissioner) in the administration and enforcement of the Competition Act (the Act), announced on 25 October 2022 the release of its Information Bulletin on Transparency (the Bulletin). (...)

The Portuguese Competition Authority cooperates with their Spanish counterpart to conduct dawn raids as part of an investigation into a potential wood chip cartel
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30260 visits
Portuguese and Spanish Competition Authorities conduct unannounced inspections* The Portuguese Competition Authority (AdC) and the Spanish CNMC carried out simultaneous unannounced inspections in Spanish territory, at an intermediary company active in the wood chip business. Both (...)

The Polish Competition Authority opens a bid rigging investigation into the production and distribution of gas meters
Polish Competition Authority (Warsaw)
Poland 120 contributions 22837 visits
GAS METER DELIVERY TENDER COLLUSION? INVESTIGATION AND SEARCHES* Is the gas meter delivery to the national gas distribution system operator infringing competition law? The President of UOKiK, Tomasz Chróstny, opened an investigation into the case, and the Authority’s employees, after obtaining (...)

The Turkish Competition Authority shares a Draft Amendment to the key national competition legislation which would enable greater oversight of digital markets
ACTECON (Istanbul)
Turkey 27 contributions 9744 visits
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ACTECON (Istanbul)
Turkey 13 contributions 1933 visits
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ACTECON (Istanbul)
Turkey 12 contributions 2949 visits
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Introduction This blogpost will give an overview on the draft amendment (the “Draft Amendment”) to the Law No. 4054 on the Protection of Competition (the “Law No. 4054”). The key points of the Draft Amendment concern: Introducing definitions of core platform services into the Law No. 4054 (...)

The French Competition Authority conducts dawn raids in the market for leather goods in the retail sector
French Competition Authority (Paris)
France 748 contributions 411296 visits
Dawn raids in the leather goods retail sector* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the leather goods retail sector. Following authorisation from the liberty and custody judge, the investigation services of (...)

The Slovak Competition Authority conducts an unannounced inspection at an undertaking in the forestry sector
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5800 visits
CARTELS: AMO SR conducted an unannounced inspection at an undertaking in forestry sector* An agreement restricting competition might have been concluded between undertakings in connection with participating and submitting bids in public procurement for landscaping. On 20 September 2022 the (...)

The Pakistani Competition Authority conducts a dawn raid at the premises of two glass manufacturers on the suspicion of their involvement in anticompetitive practices
Competition Commission of Pakistan (Islamabad)
Pakistan 18 contributions 2030 visits
CCP CONDUCTS SEARCH & INSPECTION OF FLOAT GLASS MANUFACTURERS.* As part of an ongoing enquiry to investigate the prima facie violations of Sections 3 ‘Abuse of Dominance’ and Section 4 ‘Prohibited Agreement’ (Cartelization) of the Competition Act, 2010 in the glass industry, the (...)

The Hellenic Competition Authority conducts unannounced inspections at the premises of companies active in the import and distribution of white goods
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Unannounced inspections in companies active in the import and distribution of white goods* Subject: Unannounced inspections of the Hellenic Competition Commission in companies active in the import and distribution of white goods Today, officials of the Hellenic Competition Commission (HCC) (...)

The Czech Competition Authority imposes maximum possible fines on three undertakings suspected of being involved in a cartel agreement for obstructing a dawn raid (Marc spol / Eurotubes / HK steel trading)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6711 visits
The office imposed maximum possible fines for obstruction of a dawn raid* The Office for the Protection of Competition (hereinafter referred to as "the Office") has imposed the maximum possible fines on three undertakings suspected of being involved in a cartel agreement for obstructing a (...)

The Polish Competition Authority investigates the alleged cooperation agreements between animal feed product producers and distributors (Empire Brands)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22837 visits
Animal feed market - actions of the President of UOKiK* Did dog and cat food producer Empire Brands break the antitrust law? Tomasz Chróstny, President of UOKiK, launched a preliminary investigation in the case and the Office staff conducted a search at the company’s registered office. The (...)

The Turkish Competition Authority concludes an investigation of restrictive practices and price fixing in the sports equipment sector with settlement and fine (Olka / Marlin)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84423 visits
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Günay & Erdoğan Attorneys at Law (Ankara)
5 contributions 895 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 3 contributions 618 visits
Introduction In June 2022, the Turkish Competition Board delivered its final judgment and announced that the investigation against Olka Spor Malzemeleri Ticaret AŞ (Olka) and Marlin Spor Malzemeleri Ticaret AŞ (Marlin), two undertakings active in the sports equipment sector, had ended with a (...)

The EU Commission carries out unannounced inspections in the water infrastructure sector over alleged bid-rigging
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945621 visits
Antitrust: Commission carries out unannounced inspections in the water infrastructure sector over alleged bid-rigging* The European Commission is conducting unannounced inspections in a Member State at the premises of companies active in the construction of networks and treatment plants for (...)

Unilateral Practices

 The Hellenic Competition Authority imposes a fine amounting to €628K against a toy manufacturer following a dispute settlement process (Giochi Preziosi)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Fine of 628,450 euros to a children’s toy company following a Dispute Settlement Process.* Settlement Decision on a fine of 628,450 euros to a children’s toy company following the ex officio investigation into the children’s toy market, excluding those connected to the use of computers. (...)

The Romanian Competition Authority conducts dawn raids at an electricity distributor (Enel)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29513 visits
COMPETITION COUNCIL CONDUCTED UNANNOUNCED INSPECTIONS OF SEVERAL COMPANIES IN THE ENEL GROUP* The Competition Council carried out unannounced inspections at Enel Romania SA, the electricity distribution operators within the group (E-Distributie Muntenia SA, E-Distributie Banat SA, (...)

The EU Commission carries out unannounced inspections at the premises of a company active in the market for cardiovascular applications
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945621 visits
Antitrust: Commission carries out unannounced inspections in the medical devices sector* The European Commission is carrying out unannounced inspections at the premises of a company active in medical devices for cardiovascular applications. The Commission has concerns that the inspected (...)

The EU Commission carries out a dawn raid against a supplier of cardiovascular medical devices
Van Bael & Bellis (Brussels)
Belgium 64 contributions 28952 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 26507 visits
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Van Bael & Bellis (Brussels)
Belgium 163 contributions 56789 visits
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On 19 September 2023, the European Commission (the Commission ) and an unspecified national competition authority jointly carried out unannounced inspections at the premises of an as yet anonymous supplier of medical devices for cardiovascular applications (see, attached press release). The (...)

The Italian Competition Authority opens an investigation into possible abuse of dominance by a multinational engineering and technology company in the European market for electric bicycle drive systems (Bosch)
Italian Competition Authority (Rome)
Italy 72 contributions 19356 visits
A567 - ICA: investigation opened into alleged abuse of dominant position by Bosch* According to the Competition Authority, the company did not allow electrical and digital interoperability between its drive systems and the Anti-lock Braking System (ABS) for electric bicycles produced by (...)

The Romanian Competition Authority investigates a possible exclusive distribution by a multinational video game company and its subsidiaries
Romanian Competition Council (Bucharest)
Romania 160 contributions 29513 visits
THE ROMANIAN COMPETITION COUNCIL IS INVESTIGATING THE MARKET FOR THE DISTRIBUTION OF PLAYSTATION COMPATIBLE VIDEO GAMES* The Romanian Competition Council has started an investigation regarding the potential infringement of competition rules by Sony Interactive Entertainment Europe Limited (...)

The Swiss Competition Authority initiates an investigation to assess possible collusions in the fragrance market (Firmenich International / Givaudan / International Flavors & Fragrances / Symrise)
Swiss Competition Commission (Bern)
Switzerland 18 contributions 636 visits
COMCO investigates possible collusions in the fragrance market* Berne, 08.03.2023 – The Swiss Competition Commission (COMCO) has opened an investigation in the fragrance sector. There are suspicions that producers have colluded. COMCO has indications that several undertakings active in the (...)

The Spanish Competition Authority formally initiates an antitrust proceeding against the manager of the Integrated Management System for plastic packaging over concerns that the tendering process lacked transparency and integrity (Ecoembalajes España)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47355 visits
On 5 October 2022, the CNMC has initiated antitrust proceedings against Ecoembalajes España, S.A. (Ecoembes), a non-profit organization acting as manager of the Integrated Management System for plastic packaging in Spain. The investigation has taken place as a result of a complaint filed by (...)

The Swiss Competition Authority carries out a dawn raid at the premises of a pharmaceutical company which causes it to drop its Intellectual Property infringement court actions against a competitor (Novartis / Lily)
Van Bael & Bellis (Brussels)
Belgium 32 contributions 6162 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28952 visits
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Van Bael & Bellis (Brussels)
Belgium 163 contributions 56789 visits
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As we have previously reported (Van Bael & Bellis Life Sciences News and Insights, 15 September 2022), on 13 September 2022, the Swiss Competition Authority carried out an inspection at the premises of Novartis Pharma AG ( Novartis ). In parallel, Novartis received a request for (...)

The Hellenic Competition Authority carries out an unannounced inspection into the transport industry
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Unannounced inspection by the HCC in the transport industry* On 2/6/2022, officials of the Hellenic Competition Commission (HCC) carried out an unannounced inspection at the premises of an undertaking active in the transport sector, in the context of investigating a possible abuse of (...)

Procedures

 The Turkish Competition Authority reaffirms its view that attorney-client privilege is limited to the right of defence which constitutes a stark contrast with the EU practice (Storytel)
ACTECON (Istanbul)
Turkey 13 contributions 1933 visits
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ACTECON (Istanbul)
Turkey 8 contributions 1067 visits
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ACTECON (Istanbul)
Turkey 6 contributions 757 visits
With its decision issued on 30 March 2023 (Storytel Decision), the Turkish Competition Authority (TCA) evaluated Storytel Turkey Yayıncılık Hizmetleri A.Ş.’s (Storytel) claim that some documents obtained during on-site inspections were covered by attorney-client privilege. This post presents a (...)

The Turkish Constitutional Court rules a judge’s decision is necessary for conducting on-site inspections (Ford)
ACTECON (Istanbul)
Turkey 24 contributions 4183 visits
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ACTECON (Istanbul)
Turkey 19 contributions 3179 visits
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ACTECON (Istanbul)
Turkey 7 contributions 1189 visits
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Introduction The Constitutional Court published a significant decision (“Decision”) which includes critical assessments on whether the on-site inspections conducted by the Turkish Competition Authority (“TCA”) violate the inviolability of domicile protected under Article 21 of the (...)

The Austrian Competition Authority files an application with the Cartel Court to impose a fine of €4.8M on a construction cartel and a motion to ascertain whether a leniency applicant committed an infringement (Pittel / Brausewetter / Kostmann)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7794 visits
Construction cartel UPDATE – AFCA files application for a fine on Pittel + Brausewetter and for findings on Kostmann* In the course of its investigations into the Austrian construction industry, the Austrian Federal Competition Authority (AFCA) filed another application on 21 February 2023 (...)

The Austrian Supreme Cartel Court dismisses an appeal challenging the procedures adopted by the Competition Authority in its investigations and execution of a dawn raid in the wood pellets market
Austrian Competition Authority (Vienna)
Austria 64 contributions 7794 visits
Supreme Cartel Court confirms Cartel Court’s search warrant (26 Kt 6/22k) in connection with AFCA investigations into the wood pellets market* The Austrian Federal Competition Authority (AFCA) carried out dawn raids at several pellet companies and one association in the Austrian provinces of (...)

The EU Court of Justice clarifies that legal professional privilege extends to all communication exchanges with external counsel (Orde van Vlaamse Balies)
Schibsted (Oslo)
Norway 26 contributions 17350 visits
The EU Court of Justice ("CJEU") has recently clarified the scope of legal professional privilege ("LPP") under EU law. The CJEU ruled that LPP applies to all communications between EEA-qualified external lawyers and their clients, and is not limited to advice relating to the exercise of the (...)

The Bulgarian Competition Authority imposes pecuniary sanctions and fines on natural persons for failure to cooperate with the Authority in a dawn raid
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2989 visits
The CPC imposed a pecuniary sanction and fines on natural persons for failure to comply with the obligation for cooperation with the Commission in the exercise of its powers* On 30.06.2022 the CPC carried out an inspection at the office of a leading retailer of toners and other printing (...)

The Turkish Constitutional Court partially annuls and partially upholds a complaint challenging 2020 amendments to the Competition Law updating the Competition Authority’s powers related to imposing structural remedies and carrying out dawn raids
ACTECON (Istanbul)
Turkey 13 contributions 1933 visits
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ACTECON (Istanbul)
Turkey 12 contributions 2949 visits
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ACTECON (Istanbul)
Turkey 6 contributions 757 visits
The Constitutional Court of Turkey (the “Court”) delivered a judgment on 9 November 2022 regarding the action for an annulment application made by the 137 members of the Grand National Assembly of Turkey against amendments introduced in 2020 to various articles of Law No. 4054 on the (...)

The EU Commission launches a consultation seeking feedback on its antitrust procedural framework
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 16 contributions 5480 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 8 contributions 1833 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 2 contributions 643 visits
On June 30, 2022, the European Commission (“EC”) launched a public consultation seeking feedback on the performance of Regulation 1/2003 and Regulation 773/2004 (the “Regulations”), which govern the enforcement procedure of EU antitrust law. Interested parties are invited to provide comments (...)

The Turkish Competition Authority declines to implement an administrative fine for senior executives deleting an electronic messaging application during a dawn raid because it could not ascertain when the apps were deleted
ACTECON (Istanbul)
Turkey 9 contributions 1900 visits
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1 contribution 90 visits
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ACTECON (Istanbul)
Turkey 1 contribution 90 visits
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Introduction In accordance with the Turkish Competition Authority’s (“TCA”) decision dated 25.11.2021 and numbered 21-57/796-M, the TCA initiated an investigation against undertakings in the market for fast-moving consumer goods to ascertain whether Article 4 of Law No. 4054 on the (...)