Dawn Raids

General antitrust

The Canadian Competition Authority publishes an information bulletin on transparency during competition investigations
Canadian Competition Bureau (Gatineau)
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 with a view to increasing its transparency
Journal of Parliamentary and Political Law (Ottawa)
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 Turkish Competition Authority shares a Draft Amendment to the key national competition legislation which would enable greater oversight of digital markets
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
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 and (...)

The Belgian Parliament transposes the ECN+ Directive into the national legislation and introduces filing fees in concentration notifications
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
On March 7, 2022, changes to both the Belgian Code of Economic Law (CEL) as well as the Belgian Criminal Code (BCC) were published in the Belgian Official Gazette (Belgisch Staatsblad, Moniteur belge). The main changes include: Introducing a filing fee in notifications of concentrations (...)

The Belgian Parliament a publishes law transposing the ECN+ Directive changing the Code of Economic Law and the Criminal Code
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
On March 7, 2022, changes to both the Belgian Code of Economic Law (CEL) as well as the Belgian Criminal Code (BCC) were published in the Belgian Official Gazette (Belgisch Staatsblad, Moniteur belge). The main changes include: Introducing a filing fee in notifications of concentrations (...)

The Cypriot Parliament enacts a new competition framework that enhances the Competition Authority’s regulatory powers and transposes the ECN+ Directive into national legislation
Antoniou McCollum & Co. (Nicosia)
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Antoniou McCollum & Co. (Nicosia)
Cyprus has enacted a new competition framework, which introduces additional powers for the Cyprus Commission for the Protection of Competition (the CPC). The new legislation consolidates previous statutes regulating collusive conduct, abuses of dominance and abuses of relationships of economic (...)

The Polish Competition Authority launches inspections at apple purchasing centres to ensure that the prices of apples paid to fruit growers are set according to the law
Polish Competition Authority (Warsaw)
Activities of UOKiK and the Trade Inspection in apple purchasing centres* The agricultural and food market is closely monitored by the President of the Office of Competition and Consumer Protection (UOKiK). The latest activities concern inspections at apple purchasing centres. The Trade (...)

The Hungarian Competition Authority publishes a draft of its report on the accelerated sector inquiry it conducted on the domestic brick market
Hungarian Competition Authority (Budapest)
Accelerated sector inquiry on the brick market: market concentration, significant differences in distibutors’ prices* The Hungarian Competition Authority (GVH) has published the draft of its report on the accelerated sector inquiry it has conducted on the domestic market of ceramic masonry (...)

The Swedish Competition Authority gains new powers and introduces changes after the transposition of the ECN+ Directive
Orrick, Herrington & Sutcliffe (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)
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Hogan Lovells (Munich)
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 German Parliament sees its 10th amendment to the Act against Restraints on Competition enter into force bringing about substantial changes to the national cartel enforcement regime
Herbert Smith Freehills (Dusseldorf)
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Herbert Smith Freehills (Dusseldorf)
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Herbert Smith Freehills (Brussels)
At the end of January 2021, the revised Act against Restraints on Competition ("ARC") entered into force. Most attention has focused on the new powers bestowed upon the Federal Cartel Office ("FCO") to investigate the likes of Google, Amazon and Facebook. However, the revised ARC also contains (...)

The Danish Government proposes a new competition act entailing several extensive and intrusive changes to the current one as part of implementing the ECN+ Directive
Bird & Bird (Copenhagen)
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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 Polish Competition Authority conducts sector inquiries on wholesalers and suppliers of medical gases 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 Swedish Government strengthens the Competition Authority’s powers to impose fines for anti-competitive behaviour, conduct unannounced inspections, and the right to decide on fines for companies that refuse to participate in the Authority’s investigations
Swedish Competition Authority (Stockholm)
Strengthened powers for the Swedish Competition Authority* The Swedish government has presented a bill with proposals that strengthen the powers of the Swedish Competition Authority in the area of competition. The proposals include decision-making powers to impose fines for anti-competitive (...)

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 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 Spanish Competition Authority investigates unauthorized merger operations and antitrust practices in the funeral insurance and funeral services sectors
Spanish Competition Authority (CNMC) (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 (...)

Dawn raids: An overview of EU and national case law
Baker McKenzie (London)
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Baker McKenzie (London)
The power to conduct unannounced inspections of company premises (or even personal residences) - so called ’dawn raids’ - continues to be the most disruptive and intrusive of all the investigative tools at the disposal of an investigating competition authority. In addition, while this foreword (...)

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)
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University of Tilburg
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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 (...)

Anticompetitive practices

The French Competition Authority General Rapporteur indicates that unannounced inspections have been carried out in the cow’s milk supply sector
French Competition Authority (Paris)
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 yesterday the (...)

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)
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)
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 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)
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 authorities (...)

The Polish Competition Authority opens a bid rigging investigation into the production and distribution of gas meters
Polish Competition Authority (Warsaw)
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 French Competition Authority conducts dawn raids in the market for leather goods in the retail sector
French Competition Authority (Paris)
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 (...)

The Slovak Competition Authority conducts an unannounced inspection at an undertaking in the forestry sector
Slovak Competition Authority (Bratislava)
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 Hellenic Competition Authority conducts unannounced inspections in companies active in the import and distribution of white goods
Hellenic Competition Commission (Athens)
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)
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 opens an investigation into whether antitrust laws were breached when distributors and producers of animal feed cooperated (Empire Brands)
Polish Competition Authority (Warsaw)
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 EU Commission confirms unannounced inspections in the online food delivery sector
European Commission - DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections in the online food delivery sector* The European Commission carried 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 (...)

The EU Commission carries out unannounced inspections in the water infrastructure sector over alleged bid-rigging
European Commission - DG COMP (Brussels)
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 (...)

The UK Competition Authority warns that cartels exploiting cost-of-living crisis will face action including possible dawn raids
United Kingdom’s Competition Authority (CMA) (London)
Cartels exploiting cost-of-living crisis will face action, warns CMA* The CMA’s most senior enforcer has warned that anyone looking to exploit the cost-of-living crisis by forming cartels risk robust enforcement action, including possible dawn raids. In a speech today Michael Grenfell, (...)

The Dutch Competition Authority conducts investigation into possible cartel in the street-furniture and road-furniture market
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM investigates possible cartel in street-furniture and road-furniture market* The Netherlands Authority for Consumers and Markets (ACM) is currently conducting an investigation into a possible cartel in the street-furniture and road-furniture market. As part of that investigation, ACM (...)

The Slovak Competition Authority conducts an unannounced inspection at an undertaking operating in the sector of selling and repairing robotized workplaces
Slovak Competition Authority (Bratislava)
CARTELS: AMO SR conducted an unannounced inspection at an undertaking operating in the sector of selling and repairing robotized workplaces* Undertakings in the given sector might have concluded an agreement restricting competition. The Antimonopoly Office of the Slovak Republic, the Division (...)

The Hellenic Competition Authority conducts unannounced inspections on companies active in catering services provision
Hellenic Competition Commission (Athens)
Unannounced inspections in companies active in catering services provision* Subject: Unannounced inspections of the Hellenic Competition Commission in companies active in catering services provision On 22/3/2022, officials of the Hellenic Competition Commission (HCC) carried out unannounced (...)

The EU Commission carries out unannounced inspections in the automotive sector
European Commission - DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the automotive sector* On 15 March 2022, the European Commission has conducted unannounced inspections at the premises of companies and associations active in the automotive sector located in several Member States. In parallel, the (...)

The Spanish Competition Authority investigates several companies for the possible rigging of public tenders related to security and surveillance services
Spanish Competition Authority (CNMC) (Madrid)
The CNMC investigates several companies for the possible rigging of public tenders related to security and surveillance services* The possible agreements involving the rigging and allocation of tenders might have affected several public authorities. From March 1 to March 4, the CNMC carried out (...)

The Hellenic Competition Authority carries out unannounced inspections in the market for medical products following a tender process
Hellenic Competition Commission (Athens)
Hellenic Competition Commission carries out unannounced inspections* Subject: Hellenic Competition Commission carries out unannounced inspections Athens, March 10, 2022 - Today, the Hellenic Competition Commission (HCC) carried out unannounced inspections (dawn raids) following recent press (...)

The Hellenic Competition Authority conducts unannounced inspection in the construction sector
Hellenic Competition Commission (Athens)
Unannounced inspections in the construction sector* The Hellenic Competition Commission carries out unannounced inspections in the construction sector in the context of the investigation under Article 11 of Law 3959/2011 (regulatory intervention in sectors of the economy) Athens, March 9, (...)

The Hellenic Competition Authority launches investigation into the market for eyewear
Hellenic Competition Commission (Athens)
Unannounced inspections in the eyewear sector* Subject: Hellenic Competition Commission carries out unannounced inspections in the eyewear sector Athens, February 22, 2022 – Today, the Hellenic Competition Commission (HCC) carried out unannounced inspections (dawn raids) at the premises of an (...)

The Hellenic Competition Authority conducts unannounced inspections in the cosmetics and personal care sector
Hellenic Competition Commission (Athens)
Unannounced inspections in the cosmetics and personal care sector* Athens, February 18, 2022 - The Hellenic Competition Commission (HCC) has carried out unannounced inspections (dawn raids) at the premises of an undertaking active in the cosmetics and personal care sector. The unannounced (...)

The Polish Competition Authority initiates proceedings to fine a leading video surveillance product provider for concealing evidence during a dawn raid (Dahua Technology)
Polish Competition Authority (Warsaw)
Obstructing a search - the President of UOKiK initiated proceedings on the imposition of a penalty* President of UOKiK Tomasz Chróstny initiated proceedings concerning the imposition of a penalty on Dahua Technology Poland. The company’s actions might have obstructed the search conducted as part (...)

The Hellenic Competition Authority conducts unannounced inspections in the pasta product sector
Hellenic Competition Commission (Athens)
Hellenic Competition Commission carries out unannounced inspections in the pasta product sector* Athens, February 16, 2022 - Today, the Hellenic Competition Commission (HCC) carried out unannounced inspections (dawn raids) at the premises of nine (9) undertakings active in the supply and (...)

The Austrian Competition Authority files an application to impose a fine on a submetering provider (ista Österreich)
Austrian Competition Authority (Vienna)
AFCA files application to impose fine on submetering provider* In the course of its investigations into the submetering industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 8. February 2022 to fine one of the investigated companies, (...)

The Hong Kong Competition Authority and Police conduct dawn raid of property management firm suspected of anticompetitive conduct during tendering process
Hong Kong Competition Commission (Hong Kong)
Competition Commission and Hong Kong Police conduct joint operation on maintenance project of an industrial building in Tuen Mun* The Competition Commission (Commission) and the Organized Crime and Triad Bureau (OCTB) of the Hong Kong Police today conducted a joint operation which involved a (...)

The Hellenic Competition Authority conducts a dawn raid in the market for sunflower, cotton and maize seeds
Hellenic Competition Commission (Athens)
Dawn Raid of the Hellenic Competition Commission in the markets for sunflower, cotton and maize seeds* Subject: Dawn Raid of the Hellenic Competition Commission in the markets for sunflower, cotton and maize seeds and the markets for plant protection products On the 14th of December 2021, in (...)

The Spanish Competition Authority opens disciplinary proceedings against several companies for bid rigging in tenders for the supply, maintenance and upgrade of military equipment (Hernando Moreno / Casli / Inversiones Certin 5 / Grupo de Ingeniería / Reconstrucción y Recambios JPG / Star Defence Logistics & Engineering)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC opens disciplinary proceedings against several companies for bid rigging relating to military equipment.* The competition authority investigates bid rigging and sharing agreements in tenders called in Spain for the supply, maintenance and upgrade of military equipment. In June and (...)

The Hellenic Competition Authority issues infringement decision and imposes fines following investigation of tender for the public infrastructure project in Crete -Gournes-Chersonisos motorway
Hellenic Competition Commission (Athens)
Decision No 755/2021 - Ex officio investigation in the tender for the public infrastructure project “Northern Road of Crete, Gournes – Chersonissos Part*” Subject: Decision following the ex-officio investigation in the tender for the public infrastructure project “Northern Road of Crete, Gournes – (...)

The Polish Competition Authority investigates potential bid-rigging and market sharing in the supply of IT systems to the healthcare sector (Asseco Poland / Comarch Healthcare / Bestprojects)
Polish Competition Authority (Warsaw)
BID-RIGGING? INVESTIGATION AND SEARCHES* Does the supply of hospital information systems violate the competition law? President of UOKiK Tomasz Chróstny has initiated an investigation into the matter, and UOKIK employees, with the consent of the court, have conducted searches at the premises (...)

The Spanish Competition Authority opens disciplinary proceedings against several database marketing companies for customer-sharing and price-fixing agreements that could affect the marketing of business information products (Informa D&B / S.M.E / Compañía Española de Seguros de Crédito a la Exportación / Bureau Van Dijk Publicaciones Electrónicas / Moody’s Corporation)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC opens disciplinary proceedings against several database marketing companies* It is investing potential customer-sharing and price-fixing (or discount) agreements relating to certain products. In June, the CNMC and the Autoridade da Concorrência (AdC) carried out on-site inspections at (...)

The Spanish Competition Authority investigates potential anti-competitive practices in the waste treatment and recycling market
Spanish Competition Authority (CNMC) (Madrid)
The CNMC is investigating potential anti-competitive practices in Spain’s waste treatment and recycling market* It is assessing whether anti-competitive practices and agreements related to Spain’s plastic and metal waste treatment and recycling market exist. Madrid, 21 December 2021.- The CNMC (...)

The Dutch Competition Authority investigates a possible cartel in the food processing sector
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM investigates possible cartel in the food processing sector* The Netherlands Authority for Consumers and Markets (ACM) is carrying out an investigation into a possible cartel in the food processing sector. As part of that investigation, ACM recently conducted dawn raids at several companies (...)

The EU Commission carries out unannounced inspections in the defense sector
European Commission - DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the defence sector* On 23 November 2021, the European Commission is conducting unannounced inspections at the premises of a company active in the defence sector. The Commission has concerns that the inspected company may have (...)

The French Competition Authority indicates that unannounced inspections into anticompetitive practices have been carried out in the food retail sector
French Competition Authority (Paris)
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the food retail sector* Following authorisation from the liberty and custody judge, the investigation services of the Autorité de la concurrence have raided yesterday the (...)

The EU Commissioner for Competition Vestager highlights the Commission’s fight against cartels during and after COVID-19, including reigniting dawn raids
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
On 22 October 2021, Executive Vice-President and Commissioner for Competition Margrethe Vestager highlighted the Commission’s commitment to combating cartels during the COVID crisis and in its aftermath. During the pandemic, the Commission’s activity against cartels included decisions issued in (...)

The EU Commission plans a series of dawn raids to investigate anticompetitive practices in labor markets
White & Case (Dusseldorf)
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White & Case (Brussels)
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White & Case (Washington)
No-poach agreements on the European Commission dawn raid radar* In a speech on 22 October 2021, EU Competition Commissioner Margrethe Vestager revealed that the European Commission was planning a series of dawn raids for the months to come. She highlighted that the European Commission is not (...)

The EU Commission carries out unannounced inspections at the premises of multiple companies active in the wood pulp sector
European Commission - DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the wood pulp sector* On 12 October 2021, the European Commission is conducting unannounced inspections in locations in several Member States at the premises of companies active in the wood pulp sector. The Commission has concerns (...)

The Russian Competition Authority and Federal Tax Service check prices in the construction materials markets and find a significant increase in financial indicators in several markets
Russian Federal Antimonopoly Service (Moscow)
FAS AND FEDERAL TAX SERVICE CHECK PRICES IN THE CONSTRUCTION MATERIALS MARKETS* Based on the results of joint work, a significant increase in financial indicators was revealed in a number of markets Due to the increase in prices for building materials in 2021 and a large number of incoming (...)

The Brazilian Competition Authority recommends the conviction of cartel members in tenders of orthoses, prostheses, and medical devices (Biotronik Comercial Médica / Boston Scientific do Brasil / Medtronic Comercial / St. Jude Medical Brasil)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE’s Office of the General Superintendent recommends the conviction of cartel members in tenders of orthoses, prostheses, and medical devices* Together, the collusive firms controlled the entire market of implantable cardiac pacemakers used in heart disease treatments On 24 August, CADE’s (...)

The Russian Competition Authority conducts anticartel inspections of the largest manufacturers of rebars (NLMK PJSC / Tulachermet-Steel / PMH Management)
Russian Federal Antimonopoly Service (Moscow)
FAS Russia conducts anticartel inspections of the largest manufacturers of rebar* There are data at the regulation of the authority that may indicate signs of price collusion, the consequence of which may be the growth and maintenance of selling prices for rebar Earlier, the FAS Russia on (...)

The Hungarian Competition Authority continues its series of investigations within the framework of its accelerated sector inquiry in the market for ceramic masonry elements
Hungarian Competition Authority (Budapest)
A series of on-site investigations by the GVH in the brick sector* 2 August 2021, Budapest – The Hungarian Competition Authority (GVH) is continuing its series of on-site investigations within the framework of its accelerated sector inquiry on the Hungarian market of ceramic masonry elements. (...)

The Polish Competition Authority initiates a preliminary investigation into whether a manufacturer of cleaning products has been imposing minimum resale prices on distributors of professional cleaning equipment and systems on the Internet (Kärcher)
Polish Competition Authority (Warsaw)
Overpriced Kärcher equipment?* Have Kärcher products been overpriced for many years? President of the Office of Competition and Consumer Protection Tomasz Chróstny initiated a preliminary investigation into the matter, while Office employees conducted a search at the premises of Kärcher. The (...)

The French Competition Authority fines several eyewear brands and manufacturers for imposing selling prices and restrictions on online sales (Luxottica / LVMH / Chanel / Logo)
French Competition Authority (Paris)
Several eyewear brands and manufacturers fined for imposing selling prices and restrictions on online sales* The Autorité fines several eyewear brands and manufacturers, including the leading global and European supplier, for imposing selling prices on opticians and prohibiting them from (...)

The Hungarian Competition Authority suspects the existence of a cartel around the public procurement of a boat operation by the Budapest transport center (BKV)
Hungarian Competition Authority (Budapest)
The GVH suspects the existence of a cartel around the boat operation public procurement of the Centre for Budapest Transport (BKV)* 14 July 2021, Budapest – Due to the suspicion of a cartel, the Hungarian Competition Authority (GVH) has initiated an investigation in connection with the public (...)

The French Competition Authority indicates dawn raids have been carried out in the collection and use of pharmacy data sector
French Competition Authority (Paris)
Dawn raids in the collection and use of pharmacy data sector* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the collection and use of pharmacy data sector. Following authorisation from the liberty and custody judge, the (...)

The EU Commission carries out unannounced inspections in the manufacturing and distribution of garments sector
European Commission - DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the manufacturing and distribution of garments sector* On 22 June 2021, the European Commission has carried out unannounced inspections in Germany at the premises of a company active in the sector of manufacturing and distribution of (...)

The Spanish and Portuguese Competition Authorities carry out simultaneous investigations into possible market-sharing arrangements in the supply of business information databases
Spanish Competition Authority (CNMC) (Madrid)
CNMC and the Autoridad da Concorrência (AdC) carry out simultaneous investigations into possible anti-competitive practices in Spain and Portugal* The inspections concern companies that market subscriptions to databases with business information. Both authorities analyse possible market-sharing (...)

The Polish Competition Authority initiates a preliminary investigation into whether a car manufacturer and its dealers concluded an agreement which could restrict competition (Kia)
Polish Competition Authority (Warsaw)
Collusion by Kia car dealers? Preliminary investigation and searches by UOKiK* Are Kia cars sold in breach of competition law? President of the Office of Competition and Consumer Protection Tomasz Chróstny initiated a preliminary investigation into the matter, Office employees conducted (...)

The Polish Competition Authority issues a decision imposing a fine on a CEO for obstructing a dawn raid it conducted against a gym operator (Platinium Wellness)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
In mid-May, the Polish Competition Authority (“UOKiK”) issued a decision imposing a fine on an individual for obstructing a dawn raid conducted by UOKiK officials. During the 2017 dawn raid, the CEO of Platinium Wellness sp. z o.o. - a gym operator (“the Company”), changed the email password on (...)

The Cypriot Administrative Court annuls a decision that imposed a fine of €20.7M on petroleum companies (ExxonMobil / Hellenic Petroleum / Petrolina / Coral)
Trojan Economics (Nicosia)
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Trojan Economics (Nicosia)
The joined cases were brought before the Administrative Court of Cyprus (hereinafter the “Court”) by ExxonMobil Cyprus Ltd, Hellenic Petroleum Cyprus Ltd, Petrolina (Holdings) Public Ltd and Coral Energy Products Cyprus Ltd (hereinafter the “petroleum companies”) against the Commission for the (...)

The Romanian Competition Authority opens an investigation into the production and marketing of poultry meat (Transavia / Ave Impex / Vis Agri)
Romanian Competition Council (Bucharest)
The Competition Council has opened an investigation on the market of production and marketing of poultry meat* The Competition Council has launched an investigation aimed at a possible anti-competitive behaviour of some undertakings operating on the market of production and / or marketing the (...)

The French Competition Authority fines the three main national manufacturers of industrial sandwiches sold under a private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers (Roland Monterrat / La Toque Angevine / Daunat)
Herbert Smith Freehills (Paris)
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Baudelin Avocat (Paris)
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Herbert Smith Freehills (Brussels)
On 24 March 2021, the FCA fined the three main French manufacturers of industrial sandwiches sold under private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers. The FCA launched dawn raids at the premises of the (...)

The Spanish Competition Authority fines three cartels and five directors €3.7M for price fixing, bid rigging and exchanging information in the sale of smelting inputs (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 over 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 Turkish Competition Authority finalizes its investigation conducted against six undertakings regarding price increases in the fertilizer industry, and provides a thorough analysis of the sector dynamics and the relevant market (Bagfaş / Ege / Gemlik / Gubretas / Igsas / Toros)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Metro (Dusseldorf)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
At the end of 2020, the Turkish Competition Board (“Board”) finalized its assessment on the investigation regarding the price increases in the fertilizer industry, conducted against six undertakings active in the fertilizer manufacturing market in Turkey to determine whether the relevant (...)

The Hellenic Competition Authority investigates alleged anticompetitive horizontal agreements and exclusionary practices in the provision of banking and payment services
Hellenic Competition Commission (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 four pharmaceutical wholesalers over 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 Norwegian Competition Authority carries out unannounced inspections in the sea freight market
Norwegian Competition Authority (Bergen)
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 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 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)
,
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 the Commission’s 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)
,
Luiss Guido Carli University (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 partially annuls the decisions of the Commission to order dawn raids on 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 the 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)
,
Magenta (Paris)
,
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’s decision ordering inspections at French food retail chains headquarters (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Addleshaw Goddard (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 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)
,
Gide Loyrette Nouel (Paris)
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 €104.6M for taking part in an international cartel (Prysmian)
Ashurst (London)
,
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 a manufacturing company’s appeal against a fine imposed for the power cable cartel (Prysmian)
Van Bael & Bellis (Brussels)
,
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 electronics market (Roaming Electronics / Tehnomanija / Comtrade Distribution)
Serbian Commission for Protection of Competition (Belgrade)
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 connections sector
Hellenic Competition Commission (Athens)
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 ferry boat connections sector. The unannounced inspections, which (...)

The EU Court of Justice upholds the Commission’s right to continue inspection at Brussels premises in Power Cable cartel case (Nexans)
Van Bael & Bellis (Brussels)
,
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 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)
,
Callol, Coca & Asociados (Madrid)
,
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 Turkish Competition Authority fines financial institutions for not responding to information requests (Citibank / Goldman Sachs / ING Bank / JPMorgan / Türkiye Garanti Bankası)
ACTECON (Istanbul)
,
ACTECON (Istanbul)
,
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 Paris Court of Appeal confirms the Competition Authority’s decision to fine an IT undertaking for obstructing a competition investigation (Akka)
Ashurst (Paris)
On 26 May 2020, the Paris Court of appeal ("Court") confirmed the fine imposed by the French Competition Authority ("FCA") on an undertaking for having obstructed a competition investigation. On 22 May 2019, the FCA adopted its first decision sanctioning a company for having obstructed a (...)

The Spanish Competition Authority proposes a total fine of €47M to consulting companies for participating in a bid rigging cartel (Deloitte / PWC / KPMG)
Bird & Bird (Madrid)
,
Ecija & Asociados (Madrid)
In February 2019, the Spanish Competition Authority (CNMC) opened formal proceedings against 25 consulting companies and 8 of their executives for allegedly manipulating and allocating public tenders in the consulting services market between 2009 and 2018. This case was initiated in the wake (...)

The Spanish Supreme Court dismisses an appeal in connection with dawn raids carried out by the Competition Authority in the manufacturing sector (Prysmian)
Callol, Coca & Asociados (Madrid)
,
Callol, Coca & Asociados (Madrid)
,
Callol, Coca & Asociados (Madrid)
The Supreme Court Order focuses on the guarantees that must govern the CNMC’s inspection activities in the exercise of its powers and, in particular, in relation to legal assistance for companies subject to inspection. In particular, the appeal is brought by Prysmian Spain, S.A (Prysmian) (...)

The Hellenic Competition Authority fines a beverage company for obstruction of an on-site inspection at the company’s premises (Coca-Cola)
Hellenic Competition Commission (Athens)
The Hellenic Competition Commission (HCC) imposes a fine on COCA COLA TRIA EPSILON for obstructing an on-site inspection in the context of an investigation by the HCC in the non-alcoholic beverage market* By its Decision No. 688/2019, adopted on 24.07.2019, the Hellenic Competition Commission (...)

The Dutch Competition Authority opens an investigation into a potential cartel involving reusable waste products and conducts dawn raids in the sector (Waste buyers cartel)
Netherlands Authority for Consumers & Markets (ACM) (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 Spanish Competition Authority opens antitrust proceedings against seven firms for suspected price coordination in the real estate intermediation market (Anaconda / Idealista / Inmovilla / Look & Find / MLS / Remax / Witei)
Callol, Coca & Asociados (Madrid)
,
Callol, Coca & Asociados (Madrid)
,
Callol, Coca & Asociados (Madrid)
Following dawn raids in November 2019, the CNMC has opened proceedings against seven firms (CDC Franquiciadora Inmobiliaria, S.A.; Look & Find primera red inmobliaria, S.A.; Aplicaciones Inmovilla, S.L.; Idealista, S.A.; Witei Solutions, S.L.; Anaconda Services and Real Estate Technologies, (...)

The UK Competition Authority conducts an inspection and fines a guitar seller £4.5M for resale price maintenance (Fender Europe)
Orrick, Herrington & Sutcliffe (London)
,
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 UK Competition Authority fines a musical instrument manufacturer £4.5 million for engaging in illegal resale price maintenance on its online sales (Fender Europe)
ADNOC Group (Abu Dhabi)
On 22 January 2020, the Competition and Markets Authority (the "CMA") fined Fender Musical Instruments Europe Limited ("Fender Europe") GBP 4.5 million for engaging in illegal resale price maintenance ("RPM") in relation to the online sale of its guitars. WHAT YOU NEED TO KNOW - KEY TAKEWAYS (...)

The UK Competition Authority fines a guitar maker a record-breaking £4.5M for engaging in online retail price maintenance (Fender Europe)
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 German Competition Authority imposes fines totalling €154.6M on pesticide 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 Turkish Competition Authority decides that the labor market is subject to competition law enforcement
ACTECON (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
Esin (Istanbul)
Turkish Competition Authority Reiterates: Labor Market is Subject to Competition Law Enforcement* Anti-competitive practices in the labor markets have generally not been on the radar of the competition watchdogs. Given the increase in the number of cases dealing with the labor markets within (...)

Unilateral Practices

The Swiss Competition Authority carries out a dawn raid which causes a pharmaceutical company to drop IP infringement court actions against competitor (Novartis / Lily)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
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)
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 dominant (...)

The Cypriot Competition Authority imposes a fine of €271,385.11 on a pasteurized cow milk company for abuse of dominance through excessive pricing (Charalambides-Christis)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition imposed a fine on Charalambides-Christis Ltd amounting to €271,385.11 for infringements of article 6(1)(a) of the Protection of Competition Laws and corresponding article 102(a) of the Treaty on the Functioning of the European Union* The (...)

The Polish Competition Authority fines a German supermarket for forcing suppliers to accept unfavourable contract terms, applying unfair retrospective discounts and mislabelling products to suggest domestic production (Kaufland Polska Markety)
Polish Competition Authority (Warsaw)
Decisions of the President of UOKiK on Kaufland* Kaufland Polska Markety required suppliers to reduce the price of agricultural and food products after their sale, unfairly using its contractual advantage. Moreover, it misled consumers as to the country of origin of the vegetables. The (...)

The Romanian Competition Authority investigates alleged abuse of dominance on the market for technical approvals of locations (Orange / RCS&RDS)
Romanian Competition Council (Bucharest)
The Competition council investigates both Orange SI RCS & RDS for abuse of dominant position* The Competition Council has opened two investigations aimed at a possible abusive behaviour of both undertakings Orange Romania S.A. and RCS & RDS S.A. on the market of service for issuing the (...)

The EU Commission carries out unannounced inspections at the premises of a pharmaceutical company active in animal health in Belgium due to suspected abuse of dominance
European Commission - DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the animal health sector in Belgium* The European Commission is conducting unannounced inspections at the premises of a pharmaceutical company active in animal health in Belgium. The Commission has concerns that the inspected (...)

The Turkish Competition Authority issues interim measures against a leading marketplace platform for its use of algorithms and third party data to achieve self-preferencing (Trendyol)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Trendyol Interim Measure decision in which the Board, upon the findings of its preliminary investigation, determined that DSM Grup Danışmanlık İletişim ve Satış Ticaret A.Ş.’s (“Trendyol”) use of algorithms and handling (...)

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)
,
Herbert Smith Freehills (London)
,
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 possible abuse of dominance in the country’s natural gas market
Spanish Competition Authority (CNMC) (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 Spanish Competition Authority investigates a potential abuse of a dominant position in the natural gas market
Ecija & Asociados (Madrid)
,
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 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 (Belgrade)
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 a 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 EU Court of Justice dismisses the appeals against the Commission’s decisions in the case of alleged predatory practices by the Czech railway incumbent (České dráhy)
Ashurst (Brussels)
On 30 January 2020, the European Court of Justice dismissed the appeals in joined cases C-538/18 P and C-539/18 P brought by Czech national rail carrier České dráhy, which sought to set aside the judgments of the General Court in cases T‑325/16 and T‑621/16 upholding the European Commission’s (...)

Procedures

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)
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 EU Commission launches a consultation seeking feedback on its antitrust procedural framework
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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 by (...)

The Turkish Competition Authority declines to implement an administrative fine for senior executives deleting WhatsApp during a dawn raid because it could not ascertain when the apps were deleted
ACTECON (Istanbul)
,
ACTECON (Istanbul)
,
ACTECON (Istanbul)
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 Protection of (...)

The Ankara 2nd Administrative Court stays the execution of the Competition Authority’s decision to fine an online marketplace for obstructing a dawn raid (Sahibinden)
ACTECON (Istanbul)
,
ACTECON (Istanbul)
Introduction As is well known, the Turkish Competition Authority (“TCA”) is authorized to examine all data and documents on electronic platforms and information systems during the on-site inspections pursuant to the amendment dated 16.06.2020 on Article 15 of Law No. 4054 on the Protection of (...)

The Ankara 2nd Administrative Court stays the imposition of a substantial fine for obstructing a dawn raid by deleting WhatsApp messages because the messages remained retrievable through other employees and were not relevant to the investigation (Sahibinden)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of the Ankara 2nd Administrative Court’s (“the Court of First Instance”) Sahibinden SoE decision (E. 2022/254, 15.04.2022) in which the Court of First Instance stays of execution of the Board’s decision where the Board imposed an administrative monetary fine (...)

The Lithuanian Competition authority fines two undertakings for obstructing an investigation (Būsto aplinka / Mano Būsto priežiūra)
Lithuanian Competition Authority (Vilnius)
Lithuanian Konkurencijos Taryba assigns individual sanctions to infringers in obstruction case The Lithuanian competition authority Konkurencijos taryba assigned individual sanctions to the companies Būsto aplinka and Mano Būsto priežiūra which obstructed the inspection conducted by the (...)

The Lithuanian Supreme Administrative Court orders the Competition Authority to recalculate the fines it imposed on two companies for obstructing its investigation (Būsto aplinka / Mano Būsto priežiūra)
Lithuanian Competition Authority (Vilnius)
LITHUANIAN COMPETITION AUTHORITY IS OBLIGED TO ASSIGN INDIVIDUAL SANCTIONS IN OBSTRUCTION CASE* The Supreme Administrative Court of Lithuania (Court) announced that the Lithuanian competition authority should recalculate the fines for the companies Būsto aplinka and Mano Būsto priežiūra which (...)

The EU Commission carries out its first dawn raid since the COVID-19 pandemic started at the German premises of a company active in the clothing sector Free
Herbert Smith Freehills (Brussels)
,
Herbert Smith Freehills (Brussels)
,
Herbert Smith Freehills (Brussels)
On 22 June 2021 the European Commission (“Commission”) revealed that it had carried out surprise inspections at the German premises of a company active in the clothing sector, suspected of infringing competition rules. This was the first unannounced inspection, or “dawn raid”, conducted by the (...)

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision not to apply protection of legal professional privilege to certain documents and not to remove them from the inspection data set rules during investigations of competition law infringements (AV investicija)
Lithuanian Competition Authority (Vilnius)
The Supreme Administrative Court of Lithuania (“SACL”) ruled on the protection of legal professional privilege (“LPP”) during the investigations of the competition law infringements. The SACL upheld the decision of the Competition Council of the Republic of Lithuania (“Competition Council”) not to (...)

The French Constitutional Council declares unconstitutional a provision of the Commercial Code that permits fines in cases for obstructing an investigation because an existing criminal provision sanctions the same conduct (Akka Technologies)
Addleshaw Goddard (Paris)
,
Ashurst (Paris)
On 26 March 2021, the French Constitutional Council ruled that, insofar as a criminal provision sanctions the same conduct, the provision of the Commercial Code imposing a fine (being up to 1% of the undertaking’s annual turnover) for obstructive practices to an investigation is (...)

The French Administrative Supreme Court confirms the scope of the Competition Authority’s investigative powers in the context of cross-border investigations (Caudalie)
Addleshaw Goddard (Paris)
,
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)
Huawei Technologies (Paris)
,
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 Indian Competition Authority carries out dawn raids at the offices of major cement manufacturers (UltraTech Cement / Shree Cement / Ambuja Cement / ACC / Dalmia Cement / Rockstrong Cement)
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
On December 9th, 2020, the DG carried out dawn raids at the offices of top cement manufacturing companies, including UltraTech Cement, Shree Cement, Ambuja Cement, ACC, Dalmia Cement, and Rockstrong Cement, over allegations of price coordination and collaborating levels of cement supply. The (...)

The French Parliament transposes ECN+ Directive into its national legal system
European Commission - DG COMP (Brussels)
On 3 December 2020, the French Parliament adopted Law no. 2020-1508 containing various provisions adapting national law to European Union law on economic and financial matters (the “Law”). The Law transposes several EU directives and regulations. With respect to competition law, it authorises the (...)

The Turkish Competition Authority publishes guidelines for the examination of digital data during on-site inspections
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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
,
Addleshaw Goddard (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 issues a decision finding a violation of constitutional rights of the concerned undertaking during the appeal process of a competition law infringement action (Onmed)
ACTECON (Istanbul)
,
ACTECON (Istanbul)
,
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 (ACM) (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 (...)

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