Economic assessment of damages

Anticompetitive practices

The Portuguese Competition Authority carries out an analysis of the FinTech market which reveals barriers to entry
Portuguese Competition Authority (Lisbon)
AdC’s sector inquiry on FinTech: 74% of companies operating in Portugal consider that there are barriers to market entry* The AdC – Portuguese Competition Authority recently carried out an analysis of the FinTech market in Portugal to follow up on the recommendations made in 2018. The results (...)

The UK Parliament publishes recommendations for a stronger competition and consumer protection regime
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 16 February the UK government published a Report by John Penrose MP, commissioned earlier this year to lead a review on how the UK’s competition regime will need to evolve to meet its policy aims of promoting a dynamic, innovation-driven economy which delivers for consumers and businesses (...)

The Finnish Competition Authority releases two reports on positive and negative effects of Algorithms on competition
Finnish Competition and Consumer Authority (Helsinki)
Continuous development of algorithms requires ensuring the functioning of competition and the interests of consumers* Algorithms may have both positive and negative effects on competition and consumers. Two reports by the Finnish Competition and Consumer Authority (FCCA) show that the current (...)

The Spanish Competition Authority fines participants of a bid-rigging cartel in the supply of radiopharmaceuticals to hospitals (Advanced Accelerator Applications Ibérica / Curium Pharma Spain)
Ashurst (Madrid)
The Spanish Competition Authority ("CNMC") has fined Advanced Accelerator Applications Ibérica, S.L.U. ("AAA") and Curium Pharma Spain, S.A. ("CURIUM") as well as two directors of those companies for an infringement of the Spanish Competition Act ("SCA"), constituting a bid-rigging cartel for (...)

The EU Court of Justice upholds the General Court’s ruling on the EU Commission’s duty to pay default interest on reimbursed fines (Printeos)
Ashurst (Brussels)
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Ashurst (Brussels)
On 20 January 2021 the European Court of Justice ("ECJ") upheld the General Court’s ruling on the European Commission’s duty to pay default interest on reimbursed fines as a form of restitutio in integrum, clarifying the rate to be applied and that late payment of interest will itself incur (...)

The German Parliament enters into force its 10th amendment of the act against restraints of competition bringing powers for intervention in digital markets and changing the merger control regime
Covington & Burling (Frankfurt)
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Covington & Burling (Frankfurt)
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Covington & Burling (Brussels)
On 19 January 2021, the 10th amendment of the German Act against Restraints of Competition (“ARC”), the so-called ARC Digitisation Act (the “ARC-DA”) entered into force. The ARC-DA brings far-reaching amendments to German competition law, containing inter alia the introduction of a new framework to (...)

The German Parliament passes the 10th amendment of the German Act against restraints of competition
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 19 January 2021, the 10th Amendment of the German Act against Restraints of Competition (“ARC”) entered into force. The 10th Amendment, also referred to as the “Digitalisation Act”, introduces significant changes to German Competition Law. A previous issue of this newsletter (VBB on Competition (...)

The EU Court of Justice makes a clear distinction between cartel’s restrictive effects on competition and its damaging effects (Kilpailu- ja kuluttajavirasto)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
By judgement on the 14th of January 2021 in Case C-450/19, Kilpailu- ja kuluttajavirasto (‘Judgment’), the Court of Justice of the European Union (‘CJEU’) stated that an infringement of Art. 101 TFEU in bid-rigging cases ends with the conclusion of the works, goods or services contract. To reach (...)

The Croatian Competition Authority carries out a market inquiry in the on-line hotel booking sector
Croatian Competition Agency (Zagreb)
CCA carried out a market inquiry in the on-line hotel booking sector in the republic of Croatia* The Croatian Competition Agency (CCA) has conducted a market inquiry into the provision of on-line hotel booking services in the Republic of Croatia. The market inquiry was commenced at the end of (...)

The Spanish Second-Instance Court reduces the overcharge in an appeal against a judgment awarding damages in the context of a follow-on action deriving from the EU Commission’s decision fining a cartel of trucks manufacturers (Iveco / Trucks cartel)
Ashurst (Madrid)
On 18 December 2020, a Spanish second-instance court (Audiencia Provincial de Asturias, "APA") issued a ruling partially endorsing an appeal brought by IVECO S.a.P. ("IVECO") against a judgment awarding damages to one of its customers in the context of a follow-on action deriving from the EU (...)

The EU Commission publishes a draft regulation aiming the imposition of ex-ante obligations on providers of certain pre-defined core platform services that qualify as gatekeepers
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
1. Introduction The draft Regulation of the European Parliament and of the Council on Contestable and Fair Markets in the Digital Sector (Digital Markets Act) (“DMA Proposal”) was announced by the European Commission (“Commission”) on December 15, 2020. The DMA Proposal envisages the imposition of (...)

The EU Commission publishes a report on the implementation of the damages directive
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
On 14 December 2020, the European Commission published a report on the implementation of Directive 2014/104/EU of the European Parliament and of the Council (“the Damages Directive”). Overall, the Commission is positive about the implementation of the Directive in the Member States, but the (...)

The UK Competition Authority launches a market inquiry into the electric vehicle charging sector
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Dusseldorf)
The CMA has today (2 December 2020) launched a market study into the electric vehicle charging sector in the UK. The study will consider two broad themes: how to develop a competitive sector while also attracting private investment to help the sector grow; how to ensure people using electric (...)

The German Competition Authority dismisses a crop protection producer’s claim for state liability against Federal Cartel Office (BayWa)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 2 December 2020, the Regional Court of Bonn (“Court”) dismissed a claim of € 72.8 million by crop protection producer BayWa against the German Federal Cartel Office (“FCO”). BayWa argued that the FCO had violated its procedural rights, in particular the principle of equal treatment, in the (...)

The Regional Court in Bonn dismisses plant protection wholesaler’s action to establish German Competition Authority’s liability (BayWa)
German Competition Authority (Bonn)
BayWa’s legal action to establish Bundeskartellamt’s liability dismissed* The action brought by BayWa AG, Munich, against the Bundeskartellamt to establish the authority’s liability was dismissed in full by the Regional Court in Bonn today (case no. 1 O 201/20). BayWa had filed a claim for (...)

The UK Competition Authority publishes its first state of competition report examining the effectiveness of the competition policy in the national economy
Ashurst (London)
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Ashurst (London)
On 30 November 2020, the UK Competition and Markets Authority ("CMA") published its first state of competition report, commissioned by the UK government. The purpose of the report was to at the state of competition in the UK economy. It is intended to provide a baseline for future analysis and (...)

The UK Competition Authority issues an analysis examining how well competition is working across the national economy
United Kingdom’s Competition Authority - CMA (London)
CMA reports on the state of competition in the UK* The CMA has issued a first-of-its-kind analysis examining how well competition is working across the UK economy. Commissioned by the Chancellor and the Business Secretary, the report looks at the state of competition in the UK economy. It is (...)

The UK Competition Authority welcomes the Government’s response to its online platforms and digital advertising market study
United Kingdom’s Competition Authority - CMA (London)
CMA welcomes government response to digital advertising study* The CMA has welcomed the UK Government’s response to its online platforms and digital advertising market study. The government has today accepted, in principle, the findings of the Competition and Markets Authority’s (CMA) year-long (...)

The French Competition Authority delivers its opinion on the competitive situation in Corsica island with a focus on food distribution, fuel distribution, maritime services, and waste management
French Competition Authority (Paris)
Food distribution, fuel distribution, maritime services and waste management: the Autorité delivers its opinion on the competitive situation in Corsica island* Following an investigation lasting several months, the Autorité today issues its opinion on the competitive situation on the island. (...)

The Dutch Competition Authority allows insurers to introduce a joint scheme for handling vehicle-damage claims
Netherlands Authority for Consumers & Markets (The Hague)
ACM: insurers are allowed to introduce joint scheme for handling vehicle-damage claims* Insurers in the Netherlands are allowed to introduce a scheme that will enable them to handle cases involving damage to vehicles in a faster and more simplified manner. Currently, consumers that have (...)

The Romanian Government publishes an ordonnance on actions for damages providing cartel infringements are presumed to cause an overcharge of 20%
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 16 October 2020, the Romanian government published Ordinance No. 170/2020 on actions for damages in cases of violation of the competition law provisions and modifying and supplementing Romanian Competition Law No. 21/1996 (the “Ordinance”). The Ordinance provides that cartel infringements are (...)

The Danish Competition Authority finds that competition in the market for recurring payments can be strengthened
Danish Competition and Consumer Authority (Copenhagen)
Competition in the Danish market for recurring payments can be strengthened* There is a potential for strengthening competition in the Danish market for recurring payments. That is the conclusion of the recently published analysis from the Danish Competition Council, which examines the (...)

The Croatian Competition Authority issues report on its groceries retail market inquiry
Croatian Competition Agency (Zagreb)
Konzum Plus Remains the Leading Groceries Retailer, Schwarz Grupa on the Rise* The Croatian Competition Agency (CCA) carried out the Groceries retail market investigation, including food, beverages and sanitary products for households in Croatia for 2019. The total sample of 52 undertakings (...)

The EU Commission publishes a summary of the contributions from the national competition authorities to the impact assessment of the new competition tool
Van Bael & Bellis (Brussels)
Earlier this year, the European Commission (the “Commission”) proposed a “new competition tool” (“NCT”) to address structural competition problems. Stakeholders could express their views on the need for an NCT and its design as part of an impact assessment and an open consultation until 8 September (...)

The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Dusseldorf)
1. Introduction Determining the overcharge and, with that, the amount of cartel damages potentially suffered, is considered one of the most difficult aspects of cartel damages litigation in practice. The District Court of Dortmund (the “District Court”), known for its bold and innovative case (...)

The Regional Court of Dortmund quantifies cartel damage without consulting time and cost consuming court-approved experts (Rail cartel)
Bird & Bird (Dusseldorf)
The Regional Court of Dortmund is the first German court quantifying a cartel damage claim by estimating the amount of damage on the basis of § 287 of the Code of Civil Procedure of Germany. In contrast to the previous cases, the court quantified the damage amount without consulting time and (...)

The German Federal Court of Justice rules on a damages claim following a Commission decision sanctioning a cartel of truck manufacturers (Trucks cartel)
Ashurst (Munich)
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Ashurst (Frankfurt)
In a decision of 23 September 2020, published early January 2021, the German Federal Court of Justice ("BGH") rejected a follow-on damages claim filed against Daimler in relation to the European Commission’s ("Commission") Trucks decision. This is the first time that the highest German civil (...)

The Dutch District Court of Noord-Nederland holds personally liable a former director of the North Sea shrimps cartel (Gerard Willem Breuker)
Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel qualified as (...)

The French Competition Authority issues an opinion on the competitive bidding process of middle and outer rings of Greater Paris bus lines (Île-de-France Mobilités)
French Competition Authority (Paris)
Opening up bus networks in Ile-de-France to competition: the Autorité issues an opinion to Île-de-France Mobilités on the competitive bidding process of middle and outer rings of Greater Paris bus lines* Background Following a referral by the Île-de-France Transport Trade Association, also known (...)

The Hellenic Competition Authority launches a dialogue concerning sustainable development in the context of effective competition
Hellenic Competition Authority (Athens)
Subject: HCC initiatives in relation to sustainable development in the context of effective competition* At a time when the phenomenon of climate change becomes more acute, the need to accelerate the transformation of the Greek economy becomes urgent, through the adoption of environmentally (...)

The German Government submits a draft of the digitalisation act amending national competition law
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 9 September 2020, the German Government tabled the draft 10th amendment of the German Act against Restraints of Competition (“ARC”), also referred to as the ARC Digitalisation Act. The draft amendment entails significant changes in the areas of abuse of dominance, merger control, cartel fines (...)

The Dutch Competition Authority launches a market study into information systems and information exchange in the hospital sector
Netherlands Authority for Consumers & Markets (The Hague)
ACM launches market study into information systems and information exchange in the hospital sector* The Netherlands Authority for Consumers and Markets (ACM) wishes to gain more insight into the functioning of the markets for hospital information systems, and into the digital exchange of (...)

The Dutch Competition Authority finds in its market study that supermarkets offer chicken meat that is more sustainable without any anti-competitive agreements
Netherlands Authority for Consumers & Markets (The Hague)
Dutch supermarkets offer chicken meat that is more sustainable without any anticompetitive agreements* Dutch supermarkets nowadays offer a lot more chicken-meat varieties where the chickens have lived better lives. Virtually all of the chicken meat varieties currently on offer have been (...)

The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Bristows (London)
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Bristows (London)
English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals brought (...)

The UK Supreme Court hands down a judgement between a software and a telecommunication company, providing answers on questions concerning the English Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Hogan Lovells (London)
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Hogan Lovells (London)
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Hogan Lovells (London)
The UK Supreme Court has handed down its long-awaited judgment in the Unwired Planet v Huawei and Conversant v Huawei & ZTE proceedings ([2020] UKSC 37), providing answers on several key questions concerning the English Courts’ approach to FRAND disputes. In a unanimous judgment, the (...)

The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)
Baker Botts (Brussels)
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Baker Botts (Brussels)
The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

The EU Commission launches a sector inquiry into the market for consumer products and services linked to the Internet of Things (IoT)
Baker McKenzie (Brussels)
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Baker McKenzie (Brussels)
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Baker McKenzie (London)
In brief The European Commission (Commission) has launched a sector inquiry into the market for consumer products and services linked to the Internet of Things (IoT). This marks the start of an intensive information gathering process in which hundreds of companies will be asked for information (...)

The EU Commission launches a sector inquiry into the consumer-related devices and services that are connected through a network and can be controlled wirelessly (IoT)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
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Covington & Burling (London)
On July 16, 2020, the European Commission (“Commission”) announced that it has launched an antitrust sector inquiry into "consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device." Commission (...)

The EU Commission launches a sector inquiry into the consumer Internet of Things (IoT)
Van Bael & Bellis (Brussels)
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Zepos & Yannopoulos (Athens)
On 16 July 2020, the European Commission (“Commission”) launched an antitrust sector inquiry into the market for the Internet of Things (IoT) for consumer-related products and services in the EU. According to the Commission, the sector inquiry will focus on consumer-related products and services (...)

The EU Commissions launches a sector inquiry into the Internet of Things (IoT) for consumer-related products and services
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
The inquiry will focus on "consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device, including smart home appliances and wearable devices". Consumer-related IoT products and services in the (...)

The EU Commission initiates inquiry into the consumer Internet of Things sector
Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
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Clifford Chance (London)
The European Commission (“Commission”) has launched an antitrust sector inquiry into the Internet of Things (“IoT”) sector for consumer-related products and services within the European Union. The Commission is looking to develop a better understanding of how this fast-moving sector works and some (...)

The EU Commission launches a sector inquiry into the Internet of Things for consumer-related products and services in the EU
Ashurst (London)
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Ashurst (London)
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Ashurst (London)
Sector inquiry launched into the Internet of Things On 16 July 2020, the European Commission ("Commission") launched an antitrust competition inquiry into the sector of Internet of Things ("IoT") for consumer-related products and services in the EU. The inquiry complements other actions (...)

The Hellenic Competition Authority carries out an in-depth investigation into the effects of COVID-19 pandemic on the markets for basic food commodities Free
Hellenic Competition Authority (Athens)
In-depth investigation into the effects of COVID-19 pandemic on the markets for basic food commodities * The Hellenic Competition Commission ("HCC"), acting within its powers, systematically investigates and monitors financial data for various sectors, in particular relating to basic consumer (...)

The UK Competition Authority fines 3 pharmaceutical companies £2.3 million for anti-competitive agreement in the supply of life-saving drug fludrocortisone and secures £8 million in damages for the National Health Service (Aspen / Amilco / Tiofarma)
United Kingdom’s Competition Authority - CMA (London)
CMA levies fines of £2.3m and secures £8m for NHS in pharma probe* The CMA has formally concluded that 3 pharmaceutical companies took part in an illegal arrangement in relation to the supply of life-saving medicine. The investigation by the Competition and Markets Authority into the supply of (...)

The German Lower Regional Court of Dortmund hands down a judgment regarding follow-on damages against a wholesale company for sanitary and heating products (Sanitary and heating cartel)
Ashurst (Frankfurt)
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Ashurst (Frankfurt)
On 8 July 2020, The German Lower Regional Court of Dortmund ("Court") recently handed down its ruling regarding follow-on damages against a specialist wholesale company for sanitary and heating products. Damages were sought following a fine of the German Federal Cartel Office ("FCO") relating (...)

The UK Supreme Court finds that payment card schemes used in supermarkets infringe competition law (Sainsbury’s / Visa & MasterCard)
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (...)

The UK Supreme Court dismisses an appeal concerning the two largest payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa & MasterCard)
Van Bael & Bellis (Brussels)
On 17 June 2020, the UK Supreme Court dismissed Mastercard and Visa’s appeal against a 2018 ruling by the Court of Appeal of England and Wales and ruled that their multilateral interchange fees (“MIFs”) unlawfully restricted competition. The Supreme Court’s ruling potentially exposes Mastercard and (...)

The Paris Court of Appeal rejects an appeal against a follow-on damages claim by a rival telecommunications provider and grants a reduction in the amount of damages to be paid (Orange / Digicel)
Court of First Instance of Namur (Namur)
On 17 June 2020, the Paris Court of Appeal rejected Orange’s (formerly known as France Telecom) appeal against a follow-on damages claim by rival telecommunications provider Digicel (formerly known as Bouygues Telecom) but granted a reduction in the amount of damages to be paid of nearly € 100 (...)

The Paris Court of Appeal hands down an important judgement in a follow-on damages claims for the consequences of abusive practices in the telecommunications market (Orange / Digicel)
University Paris II Panthéon‑Assas
On June 17, 2020, the Paris Court of Appeal handed down an important decision in the Digicel / Orange case. Digicel has indeed initiated an action to be compensated for the consequences of the abusive practices implemented in the Antilles-Guyana zone by Orange-Caraïbe and Orange between 2000 and (...)

The UK Supreme Court finds a competition law infringement caused by payment card schemes used in supermarkets (Sainsbury’s / Visa & MasterCard)
Hausfeld (London)
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Hausfeld (London)
The UK Supreme Court recently handed down its eagerly anticipated Judgment in respect of unlawful interchange fee claims against MasterCard and VISA, following almost a decade of litigation. The Judgment provides welcome clarity to merchant retailers as to the unlawfulness of MasterCard’s and (...)

The UK Supreme Court dismisses the two largest payment processing networks arguments on the basis that their multilateral interchange fees restricted competition but upholds grounds of appeal concerning the application of the “passing on” defence (Sainsbury’s / Visa / MasterCard)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
On 17 June 2020, the Supreme Court handed down a much anticipated judgment concerning the default multilateral interchange fees (MIFs) set by Mastercard and Visa (together, the Appellants). The case considered appeals relating to three separate damages actions brought by retailers against the (...)

The EU Court of Justice receives a request for preliminary ruling from the Léon Court of Appeal on the temporal application of the damages directive provisions on limitation and quantification of harm (Volvo / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
In the aftermath of Directive 2014/104/EU (Directive), Spain appears to be one of the most active jurisdictions dealing with antitrust damages cases. In particular, a multitude of Spanish courts have been seized with actions for compensation in relation to the European Trucks Cartel (Case (...)

A Spanish Regional Court requests a preliminary ruling on the possibility of the retroactive application of the provisions concerning the period of limitation to bring damages action (Volvo / Trucks)
Ecija & Asociados (Madrid)
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Bird & Bird (Madrid)
The application of the transitional regime of the Damages Directive (No. 2014/104), of 26 November 2014, has created legal uncertainty regarding the statute of limitations of damages claims. On 12 June 2020, the Regional Court of León referred questions to the European Court of Justice (ECJ) (...)

The French Competition Authority publishes a study on e-commerce and competition law
Bird & Bird (Paris)
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Bird & Bird (Paris)
E-commerce is an essential distribution channel with specific features to which the competition authorities had to adapt. Reflections on the impact of e-commerce has never been more relevant than today, as the global COVID-19 health crisis has boosted online sales. In this context, the French (...)

The UK Court of Appeal upholds the ruling of the Competition Appeal Tribunal in its schemes governing suppliers’ access to its infrastructure (Network Rail / RISQS)
Ashurst (London)
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Ashurst (London)
The Court of Appeal on 5 March 2020 handed down a judgment upholding the ruling of the Competition Appeal Tribunal ("CAT") of July 2019 which found Network Rail had infringed the Chapter I and II prohibitions of the Competition Act 1998 by requiring, in its schemes governing suppliers’ access to (...)

The UK Competition Appeals Tribunal rules on which part of the EU Commission’s settlement decision is binding on a defendant and that it is an abuse of process for defendants to deny in follow-on damage claim the findings that are contained in settlements (Trucks cartel)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an abuse (...)

The UK Competition Authority closes its pharma probe by fining 4 companies more than £3.4 million and requiring a payment of £1 million directly to the NHS for breaches of competition law in relation to the supply of an antidepressant (King Pharmaceuticals / Accord-UK / Lexon / Alissa Healthcare Research)
United Kingdom’s Competition Authority - CMA (London)
Over £3m in fines and £1m for NHS in CMA pharma probe* Following an investigation, the CMA has found that 4 pharmaceutical companies broke competition law in relation to the supply of an antidepressant. The probe by the Competition and Markets Authority (CMA) into the supply of nortriptyline, a (...)

The EU Court of Justice clarifies for the first time when patent settlement agreements that restrict a generic pharmaceutical company’s ability to enter the market infringe the EU antitrust rules (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Baker Botts (Brussels)
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Baker Botts (Brussels)
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Baker Botts (Brussels)
In a major judgment handed down on 30 January 2020 in Generics (UK) and Others, the EU Court of Justice (the Court) – the EU’s highest court – clarified for the first time the analytical framework for assessing when patent settlement agreements that restrict a generic pharmaceutical company’s (...)

The German Federal Court of Justice provides guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases (Schienenkartell II)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Berlin)
In its judgment of 28 January 2020, the Cartel Senate of the German Federal Court of Justice provided new guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases. In the initial proceedings, the plaintiff, a local transport company, sought (...)

The Madrid Commercial Court requests a preliminary ruling to the EU Court of Justice concerning the international competence of the court which was contested by the defendants (RH / AB Volvo)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
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3C Compliance (Madrid)
Choice of forum delicti in EU-wide cartel damages cases (C-30/20, RH vs Volvo) Does Art. 7(2) Brussels I bis determine territorial jurisdiction within the EU Member States, Madrid Commercial Court asks EU Court of Justice. The request for a preliminary ruling from the Madrid Commercial Court (...)

The Paris Commercial Court grants interim measures to a large food retailer imposing on one of its suppliers of non-alcoholic beverages to resume its deliveries (Intermarché / Coca-Cola)
BCTG Avocats (Paris)
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BCTG Avocats (Paris)
Following the Coca Cola European Partners’ decision (hereinafter ’Coca-Cola’) to stop delivering its products to ITM Alimentaire International (hereinafter ’ITM’), ITM applied for interim measures before the Paris Commercial Court (hereinafter the “Court”) in early 2020. On January 16th, 2020, the (...)

The EU Court of Justice rules that a public body indirectly affected by a cartel can claim compensation for losses resulting from an antitrust infringement (Otis)
Court of First Instance of Namur (Namur)
On 12 December 2019, the Court of Justice of the European Union (“ECJ”) delivered a judgment on a request for a preliminary ruling from the Austrian Supreme Court (C-435/18, Otis and Others v. Land Oberösterreich and Others). The request was made in the context of a compensation claim brought by (...)

The Dutch Court of Appeal in Arnhem-Leeuwarden finds a subsidiary liable for cartel damage caused by its minority shareholder that had or could have a decisive influence over it (GIS Cartel)
Maastricht University
In a decision of 26 November 2019, the Court of Appeal Arnhem-Leeuwarden deduced from the Court of Justice’s decision in Skanska that the EU concept undertaking is to be used to determine the entity which is required to provide compensation for damage caused by an infringement of Article 101 (...)

The UK Court of Appeal clarifies principles governing competition damages and reiterates that judges must base their decisions on the evidence before them by exclusively focusing on the loss of the claimant (BritNed / ABB)
Case Associates (London)
The Court of Appeal in BritNed v ABB [2019] EWCA Civ 1840 has again had to clarify the principles governing competition damages. It reaffirmed the English High Court’s rejection of the claimant’s approach to damages but took issue with the trial judge’s position that damages should err on the side (...)

The Italian Supreme Court sheds light on the severance of anti-competitive clauses of a banking personal guarantee contract (De Gregorio / Banca Promos)
Giannino SI (Monserrato)
Introduction Article 2 of the Italian Competition Law no. 287/1990 (ICL), which is equal to Article 101 TFEU, provides that an agreement that restrains competition is void. By its judgment rendered in De Gregorio et al v Banca Promos, the Italian Court of Cassation has considered the reach of (...)

The EU General Court reaffirms the Commission’s duty to provide sufficient reasons when explaining fine calculations in cartel cases (HSBC)
Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 September 2019, the EU General Court (GC) handed down its judgment in HSBC v. Commission. Consistent with recent precedent, the GC reaffirmed the European (...)

The Advocate General Bobek provides an analytical framework to assess the appropriateness of ‘by object’ qualifications while clarifying and consolidating the case-law on the dichotomy between ‘by object’ and ‘by effect’ restrictions (Budapest Bank)
Latham & Watkins (Brussels)
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KU Leuven
Comment On 5 September 2019, Advocate General (‘AG’) Bobek delivered his Opinion in the Budapest Bank case following a request for a preliminary ruling from the Hungarian Supreme Court (‘HSC’). AG Bobek advised on several matters such as the existence of an obligation for National Competition (...)

The EU Court of Justice confirms the application of the principle of economic continuity in private enforcement of a cartel case (Vantaan kaupunki / Skanska Industrial Solutions)
Sérvulo (Lisbon)
The Principle Of Economic Continuity’s Application On Private Enforcement: Case 724/17 Skanska* With two major decisions, March 2019 was an interesting month with regard to the ECJ’s case-law on the private enforcement of competition law: Skanska and Cogeco. This post will comment on the (...)

The EU Court of Justice rules that the concept of undertaking and the principle of economic continuity apply in private enforcements cases as in public enforcement proceedings (Vantaan kaupunki / Skanska Industrial Solutions)
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
Introduction The European Court of Justice (“ECJ”) issued a landmark decision on 14 March 2019 concerning the application of the concept of “undertaking” and the principle of economic continuity to cartel damages claims. The ECJ ruled in its Skanska judgement that the broad interpretation of the (...)

The EU Court of Justice clarifies, in a preliminary ruling concerning an asphalt cartel, who is liable to pay compensation in a damages action arising from article 101 TFEU (Skanska Industrial Solutions)
Lavoielegal (Brussels)
Court of Justice ruling in Skanska: EU competition law concept of ‘undertakings’ and principle of economic continuity to the rescue in civil damages claims* In its preliminary ruling in Skanska Industrial Solutions and Others, the Court of Justice has ruled on the fundamental question of who is (...)

The EU General Court awards damages to an envelope producer due to the EU Commission’s failure to include default interest when repaying an annulled cartel fine (Printeos)
Court of First Instance of Namur (Namur)
On 12 February 2019, the EU General Court (“GC”) awarded € 184,592.95 in damages to envelopes producer Printeos in view of the European Commission’s failure to pay default interest when repaying a cartel fine which had previously been annulled by the GC. In 2014, following a settlement procedure, (...)

The Italian Competition Authority provides useful guidance on under what circumstances an incumbent may associate with a competitor in a public tender for blood derivatives (Kedrion / Grifols)
Portolano Cavallo (Milan)
In January 2018 the AGCM launched an investigation for a possible breach of Article 101 TFEU against two international manufacturers of blood-based pharmaceuticals – Kedrion S.p.A (“Kedrion”) and Grifols Italia S.p.A (“Grifols”) – for participating as a joint venture to a public tender (issued by a (...)

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

The UK High Court of Justice rejects methodology for estimating overcharges on cables based on economic evidence (BritNed / ABB)
The Brattle Group (London)
ABSTRACT In the first cartel overcharge claim brought in the English High Court, the claimant’s methodology for estimating ABB overcharges on the BritNed cable was comprehensively rejected. The Court concluded that the claimant’s econometric analysis was insufficiently grounded in facts and (...)

The UK High Court of Justice rejects econometrics analysis in a cartel damage case for being too complex (BritNed / ABB)
Case Associates (London)
BritNed Development Ltd v. ABB AB and ABB Ltd [2018] EWHC 2616 (Ch). (“BritNed”) is the first English cartel damage judgment and the first to consider an econometric approach to calculating overcharges. The court rejected the claimant’s econometric analysis as ‘too complex’ and “unspecific”. Here (...)

The Danish Competition Authority Appeals Board finds the Competition Authority’s legal and economic evaluation of a roofing membrane case to be insufficient (Icopal / NWP / DTB / TOR)
Danish Competition and Consumer Authority (Copenhagen)
Danish Competition Appeals Board remits a case regarding the Danish roofing membrane market to Danish Competition Council* The case concerns whether the only two Danish manufacturers of roofing membranes, Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two (...)

The Commercial Courts of Barcelona and Madrid render judgements in follow-on suits against a cartel in the envelopes market (Sobres de Papel)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
Update on damages claims in Spain - paper envelope cartel damages recovery. Several rulings have been issued by Spanish lower courts shedding light on key aspects of antitrust damages claims, such as the treatment of evidence concerning the calculation of compensation for damages. Also the (...)

The German Federal Court clarifies controversial judgments around the statute of limitations for cartel damages claims (Grauzementkartell II)
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
I. Introduction On 12 June 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) passed its long-awaited landmark decision in KZR 56/16 (Grauzementkartell II). The BGH held that Sec. 33 (5) of the German Act against Restraints of Competition (ARC) (today Sec. 33h (6) ARC), which (...)

The German Federal Court of Justice grants a claim for damages relating to a cement cartel by extending the time period in which limitation rules can be suspended (Grauzementkartell II)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
This landmark judgment of the German Federal Court of Justice concerns an action for damages relating to the German cement cartel. However, the judgment has much wider implications and is relevant for damage claims relating to other cartel infringements. The Federal Court extended the temporal (...)

The UK Court of Appeal adopts a ruling allowing plaintiffs in cartel damages actions to advance claims based on overcharges incurred outside of the EU when they ultimately hit the sales of their finished goods within the EU (Liyama)
Dentons (Brussels)
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Levi Strauss (Brussels)
On February 16, 2018, the UK Court of Appeal adopted its much awaited ruling in the iiyama case. Taking stock of the Court of Justice (CoJ) ruling in Intel last year, the Court of Appeal allows plaintiffs in civil cartel damages actions to advance claims based on overcharges incurred by their (...)

The EU Commission publishes a report on the implementation of collective redress mechanisms in EU Member States
Court of First Instance of Namur (Namur)
On 26 January 2018, the European Commission (the “Commission”) published a report on the implementation of collective redress mechanisms in EU Member States (the “Report”). The Report is the Commission’s opportunity to comprehensively review the implementation of its 2013 Recommendation on common (...)

Bulgaria transposes the Private Damages Directive (2014/104/EU)
Tsvetkova Bebov Komarevski (Sofia)
Better Later Than Never: Bulgaria Finally Implemented the Private Damages Directive in its Competition Protection Act Eleonora Mateina (Tsvetkova Bebov Komarevski, Attorneys-at-law)/January 8, 2018 /Leave a comment Following a considerable delay and a threat by the European Commission to (...)

The Italian Supreme Court confirms the claim for nullity of a personal guarantee as being a violation of the antitrust regulation (ABI)
Studio Legale Scoccini (Rome)
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Studio Legale Scoccini (Rome)
By its decision No. 29810 of 12/12/2017, the Italian Supreme Court overruled the judgement of the Court of Appeal of Venice that had rejected the claim for nullity of a personal guarantee in violation of the antitrust regulation. The dispute submitted to the Court of Appeal of Venice - as a (...)

The EU Commission fines several truck manufacturers for cartel (Scania)
DG COMP (Brussels)
Antitrust: Commission fines Scania €880 million for participating in trucks cartel* The European Commission has found that Scania broke EU antitrust rules. It colluded for 14 years with five other truck manufacturers on truck pricing and on passing on the costs of new technologies to meet (...)

The German Federal Council votes in favour of passing the ninth amendment to the Act against restraints of competition
Baker McKenzie (Brussels)
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Baker McKenzie (Brussels)
Update on the 9th ARC Revision On 31 March 2017, the German Federal Council (Bundesrat) has voted in favour of passing the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). According to the 31 March plenary report, the draft law is now (...)

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

The EU General Court rules on three actions claiming damages for alleged excessive duration of judicial proceedings (Armando Alvarez / Plasticos Espanoles / Kendrion)
Van Bael & Bellis (Brussels)
On 1 and 17 February 2017, the General Court (“GC”) delivered three judgments in relation to actions claiming damages for alleged excessive duration of judicial proceedings. This is the second set of judgments issued by the GC on this topic. Last month, the GC awarded Gascogne more than € 57,000 (...)

The UK High Court concludes that multilateral interchange fees were not restrictive of competition and can be exempted under article 101(3) (MasterCard)
DLA Piper (London)
On 30 January 2017, the United Kingdom (UK) High Court handed down a judgment in favour of MasterCard in a damages claim brought by UK retailers (including Next, Acadia Group and Asda). The claimants alleged that MasterCard’s multilateral interchange fees (MIFs) were illegally restrictive of (...)

The EU General Court orders the European Union to pay damages for excessively long court proceedings for the first time (Industrial bags cartel)
Van Bael & Bellis (Brussels)
On 10 January 2017, the General Court (“GC”) issued a judgment in which it ordered the European Union to pay Gascogne and Gascogne Sack Deutschland (“Gascogne”) a total of about € 57,000 in damages for the excessive duration of previous proceedings before the GC in connection with the Industrial (...)

The Milan Court of Appeal welcomes the counterfactual scenario in a follow-on action for damages (Brennercom / Telecom Italia)
NCTM - Studio Legale Associato (Milan)
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Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
One of the main issues involving the implementation of the Damages Directive concerns the quantification of damages claimed by the victims of anticompetitive conducts before national judges in follow-on actions. Indeed, the directive grants the right to full compensation to the victims of (...)

The Italian Supreme Court rules that the reorganization of the Italian distribution network of a car manufacturer does not breach competition law (Volkswagen)
Giannino SI (Monserrato)
By the recent Volkswagen Group Italia (VGI) judgement , the Italian Supreme Court or Court of Cassation (the Court) has ruled that the plan for the reorganization of its Italian distribution network implemented by a German car manufacturer did not breach competition. The Court considered the (...)

The EU Commission imposes a cartel fine totaling €2.93 billion on four truck producer for coordinating their factory prices of trucks, new emissions technologies and their introduction in the market (MAN / Volvo / Renault / Daimler / DAF)
Norton Rose Fulbright (Brussels)
THE EUROPEAN COMMISSION FINES TRUCK MANUFACTURERS A RECORD €2.93 BILLION FOR CARTEL CONDUCT* On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by the EU (...)

The UK Competition Appeal Tribunal awards competition damages in country’s judgment on a standalone action (Sainsbury’s / MasterCard)
Cleary Gottlieb Steen & Hamilton (Rome)
The Competition Appeal Tribunal awards competition damages in UK’s first judgment on a stand-alone action* On 14 July 2016, the UK Competition Appeal Tribunal (CAT) ordered MasterCard to pay Sainsbury’s £68.6m plus interest for infringing competition law in the setting of UK multilateral (...)

The UK Competition Appeal Tribunal rules on passing-on defense (Sainsbury ’s / Mastercard)
Blackstone Chambers (London)
The passing-on “defence” after Sainsbury’s*The passing-on defence – ie. whether the damages suffered by a purchaser of a product which has been the subject of a cartel are reduced if he passes on the overcharge to his own customers – had, as Tristan Jones blogged a few years ago, been the subject of (...)

The Dutch Supreme Court accepts passing-on defence in private enforcement litigations (TenneT / Gas-insulated Switchgear)
Court of First Instance of Namur (Namur)
On 8 July 2016, the Dutch Supreme Court (“the Court”) handed down a judgment upholding the availability of the passing-on defense in private enforcement litigation. The ruling resulted from a civil claim for damages brought by the electricity company TenneT against the gas-insulated switchgear (...)

The European University Institute issues a comparative study on the calculation of interest on antitrust damages
CDC Cartel Damage Claims (Brussels)
1. Introduction The fact that antitrust infringements, in particular hard-core cartels, cause significant harm is widely acknowledged. The Court of Justice of the European Union (CJ) confirmed the horizontal direct effect of EU antitrust provisions in damages actions before national courts (...)

The EU Court of Justice affirms the need to clearly distinguish between restrictions by object and restrictions by effect (Toshiba)
Fidal (Paris)
No more than two years elapsed between the Allianz Hungária case, which appeared to confuse the notions of “restriction by object” and “restriction by effect”, and the Groupement des cartes bancaires case, which seemed to put an end to that confusion. The Court needed to adopt a third position in (...)

The UK Competition Appeal Tribunal hears the first damages claim since the entry into force of the Consumer Rights Act 2015 (NCRQ)
Constantine Cannon (London)
On 22 December 2015, the Competition Appeal Tribunal (the “CAT”) announced the commencement of two damages actions which, according to its website , were only the second and third claims issued in the CAT since 1 October, when the Consumer Rights Act 2015 came into force seismically changing (...)

Dominance

The Paris Commercial Court imposes a €1,2 million fine on a big tech company for abuse of dominant position (Google / Oxone)
Ashurst (Paris)
In the context of a stand-alone action – which falls under the new provisions resulting from the transposition of the Damages Directive – the Paris Commercial Court ruling at first instance orders Google to pay EUR 1,2 million in damages to Oxone, a telephone directory services company. Oxone (...)

The UK Competition Authority publishes a notice of a standalone competition damages claim against a trade association for abusing its dominant position and engaging in anti-competitive agreements (International Tin Association)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 26 January 2021 the Competition Appeal Tribunal (CAT) published a notice of a standalone competition damages claim (brought under section 47A of the Competition Act 1998) by Kerilee Investments, a metal trader, against the International Tin Association, a UK based trade association. The (...)

The Luxembourg Administrative Tribunal rules on the competence of the Competition Authority in matters of post control of concentrations in the energy sector (Fédération des Artisans / Encevo / Enovos Luxembourg / Paul Wagner / Fils)
Bonn & Schmitt (Luxembourg)
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Bonn & Schmitt (Luxembourg)
I. Introduction On January 25, 2021 the Administrative Tribunal of the Grand Duchy of Luxembourg (hereinafter the “Administrative Tribunal”) rendered a judgment ruling for the first time on the competence of the Competition Council of the Grand Duchy of Luxembourg (hereinafter the “Competition (...)

The Lithuanian Competition Authority terminates investigation into real estate ads company for alleged abuse of dominant position (Diginet LTU)
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Authority terminates investigation into real estate ads prices* The Lithuanian competition authority Konkurencijos taryba has terminated the investigation into the actions of Diginet LTU, the owner of classified real estate ads websites, without finding that the company (...)

The UK Supreme Court hands down a judgment in a competition damage litigation and makes key observations on when a judicial decision of the EU courts is binding in other proceedings (Servier)
Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages litigation, in which it made key observations on when a judicial decision of (...)

The French Supreme Court confirms that incumbent horserace betting operator abused its dominant position (PMU)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 14 October 2020, the French Supreme Court (“Cour de Cassation”) confirmed the Court of Appeals’ finding that horserace-betting company Pari Mutuel Urbaine (“PMU”) abused its dominant position in the market for physical horserace betting by pooling bets with those in the online market. (...)

The German Competition Authority publishes as a result of its investigation a paper on the effects of narrow price parity clauses on sales of online hotel platforms (Booking)
German Competition Authority (Bonn)
The effects of narrow price parity clauses on online sales of online hotel platforms – Investigation results from the Bundeskartellamt’s Booking proceeding* The Bundeskartellamt has published a paper on “The effects of narrow price parity clauses on online sales - Investigation results from the (...)

The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier)
Van Bael & Bellis (Brussels)
In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not abused (...)

The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunication market (Sisvel / Haier)
Van Bael & Bellis (Brussels)
On 5 May 2020, the German Federal Court of Justice (Bundesgerichtshof - the “FCJ”) delivered a judgment in a case pitting Sisvel against Haier which deals with the licensing of Standard Essential Patents (“SEP”) on terms that are fair, reasonable and non-discriminatory (“FRAND”). This is the first (...)

The Italian Court of Cassation rules on the limitation period of antitrust damages claims in two judgements in the telecommunications sector (Uno Communications / Telecom Italia / Vodafone Italia)
White & Case (Milan)
1.- Introduction By judgements issued on the 27th of February, 2020, No. 5381, and on the 3rd of April 2020, No. 7677, the Italian Court of Cassation (Corte di Cassazione) ruled that the antitrust damages claims brought by Uno Communications S.p.A. against Vodafone Italia S.p.A. and Telecom (...)

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

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

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

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

The Czech Republic Supreme Court confirms that invoking trademark rights to prevent parallel imports can be an abuse of dominant position (Fiskars / Mountfield)
Skils (Prague)
On 29 May 2019, the Supreme Court (SC) partially granted an extraordinary appealed lodged by Mountfield against the previous judgment of the High Court in Prague of 23 May 2017 (Ref.No. 3 Cmo 132/2016) in a dispute with Fiskars concerning an alleged violation of Firskars’ rights to trademarks (...)

The UK Competition Authority closes its investigation into an allegedly abusive discount scheme in the pharmaceutical sector (Remicade)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The CMA Remicade decision: discount schemes and abuse of dominance – effects matter!* Summary On 14 March 2019, the UK Competition and Markets Authority (CMA) (...)

The Cypriot Competition Authority imposes a fine on an undertaking for abusing its dominant position by pricing water supply services in tourist area (Community Council of Kouklia)
Trojan Economics (Nicosia)
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Stephanie Theodotou Lawyer (Cyprus)
Introduction On 12th March 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €78,889.28 on the Community Council of Kouklia (“CCK”) for a violation of Section 6(1)(a) of the Protection of Competition Law (Law 13(I)/2008), as amended (“Law”). (...)

The Danish Competition Authority reaches a decision regarding abuse of dominant position that leads to a huge damages settlement (Falck / BIOS)
Szecskay Attorneys at Law (Budapest)
HUGE DAMAGES SETTLEMENT FOLLOWING LANDMARK ABUSE OF DOMINANCE DECISION On January 30 2019, the Danish Competition Council (the “DCC”) found that ambulance services provider, Falck, had abused its dominant position under Article 102 TFEU. The DCC held that following a failed tender bid to the (...)

The Cypriot Commission Authority rejects allegations of abuse of dominance regarding an exclusive dealing agreement for the supply of hairdressing salon products (Angela Antoniadou / A.J. Vouros)
Harris Kyriakides LLC (Cyprus)
Introduction On 30 November 2018, the Cyprus Commission for the Protection of Competition (the Commission) rejected a cοmplaint for infringement of Section 6 of the Protection of Competition Law (Law 13(I)/2008), as amended (the Law). The aforementioned alleged infringement was based on the (...)

The UK Competition Appeal Tribunal partly annuls the Competition Authority’s decision that pharmaceutical companies abused their dominant position by setting excessive and unfair prices for an epilepsy drug (Pfizer / Flynn)
Norton Rose Fulbright (London)
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Norton Rose Fulbright (Brussels)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 7 June 2018, the Competition Appeal Tribunal (CAT) set aside in part the 2016 decision of the Competition and Markets Authority (CMA) that Pfizer and Flynn (...)

The EU Court of Justice delivers a ruling on excessive pricing in a case involving a copyright management association (AKKA / LAA)
Boğaziçi University (Istanbul)
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ACTECON (Istanbul)
Introduction The question of excessive pricing as an abusive practice has been notoriously complex and competition authorities refrain from interfering in such cases normally. One of the main reasons for non-intervention of the competition authorities in such cases is the difficulty in (...)

The EU Court of Justice reverses the General Court’s decision in an abuse of dominance case against a big tech company in the market for processors and rules that rebates should be judged under the rule of reason (Intel)
Compass Lexecon (Brussels)
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The Graduate Institute for International and Development Studies (Geneva)
Roundtable Discussion on the ECJ ruling in Intel* On 6 September 2017, the European Court of Justice (“ECJ”) issued a landmark judgment where it set aside the judgment of the General Court (“GC”) in the highly debated Intel matter. This judgment is of particular significance because it provides (...)

The EU Court of Justice quashes the 2014 judgment of the General Court that upheld a fine of €1.06 billion for an abuse of dominant position by implementing loyalty rebates based on exclusivity agreements (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On September 6, 2017 ,the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a dominant market position by implementing loyalty rebates based on (...)

The EU Court of Justice refers a case back to the General Court for re-examination (Intel)
Norton Rose Fulbright (Brussels)
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Norton Rose Fulbright (London)
Major victory for Intel as CJEU sends case back to General Court for re-examination* On 6 September, the EU’s highest court, the Court of Justice (CJEU), released its long-awaited decision in the Intel case, in which the Commission imposed a fine of €1.06 billion – at the time, the largest fine (...)

The EU Court of Justice endorses an effects-based assessment of rebates (Intel)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel that the European Commission ("Commission") cannot (...)

The EU Court of Justice issues landmark judgment on the legal treatment of fidelity rebates granted by dominant companies (Intel)
Van Bael & Bellis (Brussels)
On 6 September 2017, the Court of Justice of the European Union (“ECJ”) issued its long-awaited judgment in the Intel case (Case C-413/14 P), setting aside the General Court’s (“GC”) judgment. The GC must now re-assess the legality of the Commission’s decision in light of the ECJ’s ruling. Intel was (...)

The EU Court of Justice modernizes abuse of dominance (Intel)
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
(“CJEU”) set aside General Court’s 2014 Intel judgment, upholding a European Commission (the “Commission”) decision fining Intel €1.06 billion for abuse of dominance through exclusivity rebates . The CJEU held that the General Court had erred in failing to examine all of Intel’s arguments calling (...)

The EU Court of Justice revisits forty years of case law on when a dominant company’s rebate scheme may be abusive (Intel)
Skadden, Arps, Slate, Meagher & Flom (London)
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Baker McKenzie (London)
In its ruling on the European Commission’s 500 page Intel decision, in a crisp 150 paragraphs, the EU Court of Justice (the Court) revisited forty years of jurisprudence on when a dominant company’s rebate scheme may be abusive. Though no final decision for Intel, the case marks a potentially (...)

The EU Court of Justice renders its judgment in a case regarding loyalty rebates granted by dominant companies (Intel)
Baker Botts (Brussels)
An alternative view on accuracy and administrability Introduction In its judgment in Intel of 6 September 2017, the Court of Justice of the European Union (“CJEU”) rejected the notion that particular loyalty rebates granted by a dominant company are subject to a per se illegality standard of (...)

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

The Bulgarian Supreme Administrative Court quashes the Competition Authority’s decision on an abuse of dominance in the energy sector, due to a different economic analysis (Energo Pro)
Tsvetkova Bebov Komarevski (Sofia)
The Supreme Administrative Court of the Republic of Bulgaria seating in 3-member panel (the “Supreme Administrative Court”, the “Court or the “Supreme Court”) repealed the decision of the Bulgarian Commission for Protection of Competition (the “Commission”) by virtue of which the Commission imposed (...)

The Romanian High Court of Cassation and Justice confirms the right to compensation of a company that suffered damages following the imposition of discriminatory conditions by the incumbent postal service provider in relationship with its customers (Mailers Serv / Compania Nationala Posta Romana)
Romanian Competition Council (Bucharest)
On 28.7.2011, Mailers Serv S.R.L. (in insolvency) brought an action for damages before the Tribunalul Bucuresti, Sectia Civila against CNPR claiming the difference of the discounts that would have received as a customer of CNPR if the latter would have applied the same conditions as to the (...)

The UK High Court throws out a private claim for damages based on abuse of dominance in the online mapping sector (Streetmap / Google)
Constantine Cannon (London)
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Constantine Cannon (London)
Google wins court battle against StreetMap in the UK*Google won a big victory Friday in the High Court of England and Wales, which ruled that Google did not abuse its dominant position to the detriment of the now-defunct UK online mapping provider, Streetmap.The Court’s ruling against (...)

Mergers

The Spanish Competition Authority clears a merger between the third and fourth-largest banks in the country subject to conditions (Bankia / Caixabank)
Spanish Competition Authority (Madrid)
The CNMC clears, subject to conditions, the merger by absorption of BANKIA, S.A. by CAIXABANK, S.A.* In order to address the risks observed in certain retail banking segments, as well as in the ATM market, Caixabank has offered remedies that allowed the CNMC to approve the merger. Madrid, 23 (...)

The Belgian Government releases a draft bill to exclude clinical networking between hospitals from application of merger control
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 25 February 2021, the federal government submitted to the federal Chamber of Representatives a draft bill modifying the consolidated Law of 10 July 2008 regarding hospitals and other institutions of care (the Law), as regards the application of the merger control rules to clinical networking (...)

The EU Commission conditionally clears a merger in the radiotherapy solutions market and subjects it to interoperability commitments (Siemens / Varian Healthineers)
Van Bael & Bellis (Brussels)
On 19 February 2021, the Commission conditionally cleared the acquisition of Varian by Siemens’ subsidiary Siemens Healthineers. Varian is a leading US supplier of radiotherapy solutions used to plan and deliver radiotherapy treatment, while German-based Siemens Healthineers is a leading (...)

The Finnish Competition Authority secures its second merger block in 2020 as €360 million healthcare deal is abandoned during the Market Court proceeding (Mehiläinen / Pihlajalinna)
White & Case (Brussels)
An exceptional year in Finnish merger control came to an end on 29 December 2020 when the Finnish Market Court announced its decision concerning the Finnish Competition Authority’s (the FCCA) proposal to prohibit the merger between healthcare firms Mehiläinen and Pihlajalinna. After the oral (...)

The Italian Competition Authority applies a COVID-19 related provision to clear a merger in the postal sector (Poste Italiane / Nexive) Free
Van Bael & Bellis (Brussels)
On 22 December 2020, the Italian Competition Authority (“ICA”) cleared the incumbent postal firm Poste Italiane’s (“PI”) acquisition of the sole control over its main rival Nexive Group (“Nexive”). The ICA did not apply the usual merger control rules in this case, but rather cleared the transaction (...)

The Italian Competition Authority clears a merger in the postal sector creating a near-monopoly position in multiple markets (Poste Italiane / Nexive)
Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
Poste Italiane S.p.A. (hereinafter also referred to as ’Poste’) is the publicly listed company that heads the Group of the same name, which is active not only in the postal sector but also in many other areas, including financial and insurance services. Poste Italiane is the provider of the (...)

The Polish Competition Authority informs about its reservation on the concentration of two companies in the media sector (Agora / Eurozet)
Polish Competition Authority (Warsaw)
Agora/Eurozet concentration - reservations expressed by the President of UOKiK* President of UOKiK Tomasz Chróstny has informed the parties of their reservations about the transaction of Agora taking over Eurozet and indicated that such concentration may lead to the restriction of competition. (...)

The UK Competition Authority proposes updates to the merger control guidance and procedure
Baker Botts (Brussels)
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Baker Botts (Brussels)
,
Baker Botts (Brussels)
In preparation for the end of the Brexit transition period, the CMA has recently released two consultations inviting comments on proposed updates to its merger control guidance and procedures. On 17 November 2020, the CMA released draft updates to its Merger Assessment Guidelines, which contain (...)

The Croatian Competition Authority informs that the remedy of divesting shares in the national telecom merger has been carried out (Optima / HT)
Croatian Competition Agency (Zagreb)
CCA OFFICIAL STATEMENT REGARDING THE PUBLISHING OF INFORMATION IN THE DIVESTMENT PROCEDURE OF OPTIMA SHARES BY HT* With respect to the queries of third parties, the Croatian Competition Agency (CCA) herewith informs the public that the divestment procedure involving the selling off the shares (...)

The Spanish Competition Authority clears, with remedies, a merger in the cement business (ÇIMSA / CEMEX)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
According to the recently published press release, after a fourteen-month investigation, the CNMC has cleared in phase II the acquisition of Cemex’ white cement divisions by Çimsa subject to conditions. The CNMC initiated a phase II in-depth review due to potential competition problems in the (...)

The Spanish Competition Authority clears, with remedies and monitoring, acquisition of a white cement business (ÇIMSA / CEMEX)
Spanish Competition Authority (Madrid)
The CNMC clears, with remedies, ÇIMSA’s acquisition of CEMEX’s white cement business* The merger has been cleared after intensive work during the second phase subject to a package of remedies that has been subject to a market test, both with the competitors and with the main customers of the (...)

The UK Competition Authority clears takeover of fintech start-up by global leader in electronic payments (Visa / Plaid)
United Kingdom’s Competition Authority - CMA (London)
Deal between Visa and Plaid given the go-ahead* The CMA has cleared Visa’s anticipated purchase of fintech start-up Plaid. The decision by the Competition and Markets Authority (CMA) follows a Phase 1 review in which it investigated several possible ways the deal could harm competition. Visa (...)

The Austrian Competition Authority publishes position paper on the macroeconomic effects of "shutdown mergers" in the context of the COVID-19 crisis Free
Austrian Competition Authority (Vienna)
AFCA publishes position paper on the Macroeconomic Effects of Mergers in the Context of the COVID-19 Crisis - "Shutdown Mergers"* The position paper aims to facilitate notifications of Shutdown Mergers. The COVID-19 pandemic and the restrictions put in place to deal with it have triggered a (...)

The German Competition Authority clears the merger of transport companies providing transport of goods by inland waterway vessel with no conditions because the market is characterised by overcapacities (Rhenus / Deutsche Binnenreederei)
German Competition Authority (Bonn)
Rhenus can take over Deutsche Binnenreederei* The Bundeskartellamt has cleared the planned acquisition of Deutsche Binnenreederei AG, Berlin, by Rhenus SE & Co. KG, Holzwickede. The main business of Deutsche Binnenreederei is the transport of goods by inland waterway vessel, especially on (...)

The EU Commission unconditionally clears a merger between global suppliers of optical sensors and optical semiconductors (AMS / OSRAM)
DG COMP (Brussels)
Mergers: Commission clears AMS’ acquisition of OSRAM* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of OSRAM by AMS. The Commission concluded that the transaction would raise no competition concerns in the European Economic Area (...)

The EU General Court annuls the Commission’s decision to block the proposed merger in the UK sector of the mobile telephony market (Telefónica UK / Hutchison 3G UK)
General Court of the European Union (Luxembourg)
The General Court annuls the Commission’s decision to block the proposed acquisition of Telefónica UK by Hutchison 3G UK in the sector of the mobile telephony market* On 11 May 2016, [1] the Commission adopted a decision in which it blocked, under the Merger Regulation, [2] the proposed (...)

The EU General Court annuls the Commission’s decision prohibiting an oligopolistic merger between two mobile network operators in the telecommunication sector on the basis that it did not result in the creation or strengthening of a dominant position (Telefónica UK / Hutchison 3G UK)
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (Brussels)
,
Herbert Smith Freehills (London)
On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The (...)

The EU General Court annuls the Commission’s prohibition of a merger between two of UK’s four mobile network operators after finding errors in the analysis of alleged anticompetitive effects whilst conducting its acquisition review (Telefónica UK / Hutchison 3G UK)
Baker Botts (Brussels)
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Baker Botts (Brussels)
Firm Thought Leadership In what is destined to rank as one of the most significant judicial knockbacks of the European Commission (“Commission”) in the area of merger control for many years, the EU’s General Court (“Court”) has annulled the decision by the Commission in 2016 to prohibit the merger (...)

The EU General Court annuls the Commission’s decision prohibiting a proposed acquisition between two telecom operators with potentially significant implications for the EU merger control policy (Telefónica UK / Hutchison 3G UK)
Court of First Instance of Namur (Namur)
1. SUMMARY On 28 May 2020, the EU’s General Court handed down a ruling annulling the European Commission’s decision prohibiting the proposed acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). The ruling has potentially significant implications for mergers in the telecoms sector, as (...)

The EU General Court annuls the Commission’s decision prohibiting the acquisition of two telecommunication companies (Telefónica UK / Hutchison 3G UK)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
1. Summary On 28 May 2020, the EU General Court handed down a ruling annulling the European Commission’s (“Commission”) decision prohibiting the proposed acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). The ruling has potentially significant implications for mergers in the telecoms (...)

The EU General Court overturns the EU Commission’s prohibition of a mobile telecommunications merger (Telefónica UK / Hutchison 3G UK)
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Cologne)
,
Cleary Gottlieb Steen & Hamilton (London)
In a landmark Judgment delivered on May 28, the General Court overturned the European Commission’s 2016 prohibition of the Three/O2 UK mobile telecommunications merger. The Judgment raises the bar for the Commission in respect of (1) the legal standard the Commission must meet; (2) the closeness (...)

The UK Competition Authority blocks a sports-fashion retailer acquisition finding that even with COVID-19 significantly impacting the relevant sector, the transaction would lead to a substantial lessening of competition nationally (JD Sports / Footasylum) Free
Van Bael & Bellis (Brussels)
On 6 May 2020, the UK’s Competition and Markets Authority (“CMA”) blocked the sports-fashion retailer JD Sports’ already completed purchase of sportswear retailer Foot- asylum. The CMA concluded that the parties were close competitors and the transaction would lead to a substan- tial lessening of (...)

The UK Competition Authority blocks sports-fashion merger finding that even with COVID-19 significantly impacting the relevant sector there would still be negative effects on the competition if the merger proceeded (JD Sports / Footasylum) Free
United Kingdom’s Competition Authority - CMA (London)
CMA blocks sports-fashion merger* The CMA has blocked JD Sports’ purchase of close competitor Footasylum after finding it would leave shoppers worse off. Following an in-depth Phase 2 investigation, the Competition and Markets Authority (CMA) has concluded that this transaction would lead to a (...)

The EU Commission approves an acquisition between two large EEA purchasers of copper scrap following an in-depth investigation and concludes that the merger does not adversely affect competition (Metallo / Aurubis)
Van Bael & Bellis (Brussels)
On 4 May 2020, the Commission approved German Aurubis’ € 380 million acquisition of Belgian rival Metallo following an in-depth investigation. Aurubis is Europe’s largest integrated copper producer, selling copper shapes, semi-finished copper and various copper alloy products. It also processes (...)

The EU Commission clears acquisition of large specialised refiner of copper scrap by the world’s largest refiner of copper scrap (Aurubis / Metallo)
DG COMP (Brussels)
Mergers: Commission clears Aurubis’ acquisition of Metallo* The European Commission has approved, under the EU Merger Regulation, Aurubis’ acquisition of Metallo, a large copper scrap refiner. The Commission concluded that the merger would not adversely affect competition in the European (...)

The French Competition Authority clears without commitments a multidisciplinary healthcare group’s takeover of a mental health services group (Orpea group / Sinoué group)
French Competition Authority (Paris)
The Autorité de la concurrence clears, without commitments, the acquisition of sole control of Sinoué group by Orpea group* On 20 March 2020, the Orpea group notified the Autorité de la concurrence of its plan to acquire sole control of the Sinoué group. Parties to the transaction The Orpea (...)

The German Competition Authority clears acquisition of key European shunter manufacturer by Chinese state-owned manufacturer of railway vehicles because the target company’s competitiveness has been decreasing for years (Vossloh Locomotives / CRRC Zhuzhou Locomotives)
German Competition Authority (Bonn)
Chinese company CRRC can acquire Vossloh’s shunter division* The Bundeskartellamt has today cleared the acquisition of Vossloh Locomotives GmbH, Kiel, by CRRC Zhuzhou Locomotives Co., Ltd., Zhuzhou (People’s Republic of China). Andreas Mundt, President of the Bundeskartellamt: “In the present (...)

The German Competition Authority approves an acquisition between two locomotives on the basis that the company’s competitiveness decreased over the years (Vossloh / Zhuzhou)
Van Bael & Bellis (Brussels)
On 27 April 2020, the German Federal Cartel Office (“FCO”) cleared the acquisition of Vossloh Locomotives (“Vossloh”) by Chinese CRRC Zhuzhou Locomotives (“CRRC”) after an in-depth review. Vossloh is the leading manufacturer of diesel-powered shunters in the EEA and Switzerland. CRRC is a subsidiary (...)

The UK Competition Authority clears the takeover of a mobile payments company after conducting an in-depth Phase 2 probe (PayPal / iZettle)
CRA International (London)
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CRA International (London)
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CRA International (Boston)
Acquisitions of Potential Rivals in Digital/Tech: Valuation Analysis as Key Economic Tool - PayPal/iZettle Antitrust authorities everywhere are increasingly concerned with so-called “killer acquisitions” – cases where an established incumbent buys up a small rival which might have the potential (...)

The EU Court of Justice rules that the Commission violates rights of defence when it failed to share the final economic model used in its decision to block a merger (UPS / TNT)
Jones Day (Brussels)
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Jones Day (Paris)
,
Jones Day (Brussels)
In Short The Development: The European Court of Justice ("ECJ") ruled that the European Commission ("Commission") violated UPS’s rights of defense when it failed to provide UPS with the final economic model used in its decision to block UPS’s proposed acquisition of TNT in 2013. The Result: The (...)

The EU Court of Justice dismisses the Commission’s appeal against the annulment of its decision to prohibit a merger in the parcel delivery market (UPS / TNT)
White & Case (Brussels)
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White & Case (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. EU Court confirms the need for transparency and full disclosure of economic analyses in EU merger cases (UPS/TNT)* On 16 January 2019, the Court of Justice of (...)

The EU Court of Justice Advocate General Kokott issues an opinion supporting the rights of defence of merging parties (UPS / TNT)
Van Bael & Bellis (Brussels)
On 25 July 2018, Advocate General (“AG”) Kokott issued an Opinion in which she concludes that the General Court (“GC”) was correct to annul the Commission’s 2013 decision to prohibit UPS’s acquisition of its package delivery rival, TNT Express. In the decision, the Commission relied upon a “price (...)

The Competition Commissioner Margrethe Vestager takes the stage at the GCLC Annual Conference to discuss her vision for fairness and competition policy
FTI Consulting (London)
In January 2018 Competition Commissioner Margrethe Vestager took the stage at the GCLC Annual Conference to discuss her vision for fairness and competition policy. Most notable were her points about the role of internal documents in merger clearance investigations. Her statement, “internal (...)

The EU General Court annuls a Commission decision prohibiting a merger in the parcel delivery sector on due process grounds (UPS / TNT)
White & Case (Brussels)
Background On 15 June 2012, the global specialist transport and logistics provider United Parcel Services (“UPS”) notified the European Commission of its proposed acquisition of TNT Express NV (“TNT”) under the EU Merger Regulation. UPS and TNT are both active on international express small (...)

The EU General Court annuls the Commission’s decision to prohibit a merger in the International express package delivery sector (UPS / TNT)
CRA International (London)
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CRA International (London)
The General Court annulled on 7 March 2017 the European Commission’s decision in 2013 to prohibit UPS’ proposed acquisition of TNT. The judgment was much awaited also because of its potential for clarifying the role of efficiencies in merger review. In practice, the Court overturned the decision (...)

The EU General Court annuls a prohibition merger decision and finds that the Commission had failed to properly communicate the final version of its econometric analysis (UPS / TNT)
Van Bael & Bellis (Brussels)
On 7 March 2017, the General Court (“GC”) annulled the European Commission’s decision to prohibit UPS’ acquisition of TNT Express under the EU Merger Regulation. By way of background, UPS notified the acquisition of TNT Express to the Commission in June 2012. Following an in-depth Phase II (...)

The UK Supreme Court overturns the Competition Appeals Tribunal judgment on whether acquisition of assets upon liquidation is subject to merger control (Eurotunnel / SeaFrance / MyFerryLink)
Blackstone Chambers (London)
Asset acquisitions and mergers: Eurotunnel in the Supreme Court*The Supreme Court’s recent decision in Eurotunnel II ([2015] UKHL 75) brings some much-needed clarity to what was becoming a rather opaque corner of the UK merger regime. It also contains statements of general principle which are (...)

The EU Commission study analyzes two national telecom merger cases, and finds an associated increase in prices in the Netherlands case, but not in the Austria case (T-Mobile / Orange), (T-Mobile / tele.ring)
European Commission (Brussels)
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CRA International (Munich)
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DG COMP (Brussels)
Ex post analysis of two mobile telecom mergers: T-Mobile/tele.ring in Austria and T-Mobile/Orange in the Netherlands* In a nutshell: Ex post evaluation of merger decisions is a valuable tool for improving the understanding of markets and to assess merger control policy. To provide reliable (...)

State Aids

The EU Commission approves €24.7 million Italian aid to compensate a national airline company for further damages suffered due to COVID-19 pandemic (Alitalia) Free
DG COMP (Brussels)
State aid: Commission approves €24.7 million of Italian support to compensate Alitalia for further damages suffered due to coronavirus outbreak* The European Commission has found €24.7 million of Italian support in favour of Alitalia to be in line with EU State aid rules. This measure aims at (...)

The EU Commission approves €199.45 million Italian support to compensate national airline for damages suffered due to COVID-19 outbreak (Alitalia) Free
DG COMP (Brussels)
State aid: Commission approves €199.45 million Italian support to compensate Alitalia for damages suffered due to coronavirus outbreak* The European Commission has found Italian €199.45 million support in favour of Alitalia to be in line with EU State aid rules. The measure aims at compensating (...)

The EU Commission approves €62 million Romanian loan guarantee to compensate a national airline for damage suffered due to COVID-19 outbreak and provide the airline with urgent liquidity support (Blue Air) Free
DG COMP (Brussels)
State aid: Commission approves €62 million Romanian loan guarantee to compensate Blue Air for damage suffered due to coronavirus outbreak and provide the airline with urgent liquidity support* The European Commission has approved, under EU State aid rules, a Romanian loan guarantee of up to (...)

The EU Commission approves €6 billion German scheme to compensate public transport companies for damages suffered due to COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €6 billion German scheme to compensate public transport companies for damages suffered due to coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €6 billion German scheme to compensate companies providing regional and local (...)

The EU Commission approves €150 million Austrian subordinated loan to compensate national airline company for damages suffered due to COVID-19 outbreak (Austrian Airlines) Free
DG COMP (Brussels)
State aid: Commission approves €150 million Austrian subordinated loan to compensate Austrian Airlines for damages suffered due to coronavirus outbreak* The European Commission has found an Austrian €150 million subordinated loan (convertible into a grant) in favour of Austrian Airlines AG to be (...)

The EU Commission approves €3.7 billion Swedish scheme to compensate companies for damages suffered due to COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €3.7 billion Swedish scheme to compensate companies for damages suffered due to coronavirus outbreak* The European Commission has found an approximately €3.7 billion (SEK 39 billion) Swedish scheme that partially compensates companies exposed to large turnover (...)

The EU Commission approves €8 billion Austrian scheme to compensate companies for damage caused by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €8 billion Austrian scheme to compensate companies for damage caused by coronavirus outbreak* The European Commission has found a €8 billion Austrian scheme to compensate companies for damages related to the coronavirus outbreak to be in line with EU State aid (...)

The EU Court of Justice and the General Court render two judgments on State aid showing how the Courts approach a judicial review of complex economic assessments when the burden of proof is on the Commission (Frucona Kosice / Fútbol Club Barcelona)
Garrigues (Brussels)
EU Judicial Review: Major Antitrust Implications of Recent State Aid Cases* We competition lawyers often wrongly approach our discipline in isolation from the wider context in which it is applied. This is also true when it comes to judicial review. We tend to forget that antitrust is only a (...)

The EU Court of Justice clarifies the concept of "existing aid" in a private enforcement case and holds that unlawful aid cannot be retroactively legalised by virtue of a limitation period that has lapsed (Fallimento Traghetti del Mediterraneo)
Willkie Farr & Gallagher (Paris)
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Willkie Farr & Gallagher (Brussels)
On January 23, 2019, the European Court of Justice (hereinafter the “Court” or the “ECJ”) handed down a preliminary ruling on the notion of “existing aid”. The Court held, in particular, that the circumstance where a new aid that becomes existing aid by virtue of the 10 years limitation period has (...)

The EU Court of Justice holds that the EU rules does not impose time limitation rules when national courts deal with claim for damages arising from non-notified aid (Fallimento Traghetti del Mediterraneo)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission publishes its largest-ever negative State aid decision regarding tax arrangements, requiring Ireland to recover €13bn of aid (Apple)
Oxera (London)
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Oxera (Brussels)
I. Introduction 1. On 30 August 2016, the European Commission announced its largest-ever negative State aid decision requiring Ireland to recover €13bn of aid (plus interest) from Apple as a result of its tax rulings with Ireland . In the year leading up to this announcement, the Commission (...)

The EU General Court affirms a Commission’s decision that aid granted to German climbing centers is compatible with the internal market, finding that the Commission’s economic analysis was sufficient (Magic Mountain Kletterhallen)
College of Europe (Bruges)
Compatible State Aid May Have Negative Effects on some Market Operators* The existence of market failure is not necessary for aid to be declared compatible under Article 107(3). Market failure does not mean that the market is completely unable to supply a good or service. State aid aiming to (...)

The EU General Court holds that the sale of Greek goldmines for below their market value is incompatible State aid (Greece / Ellinikos Chrysos)
College of Europe (Bruges)
*Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

Procedures

The UK Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (DAF Trucks)
Ashurst (London)
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Ashurst (London)
On 5 March 2021, the Court of Appeal upheld a decision of the Competition Appeal Tribunal ("CAT") that the funding arrangements in place in two collective proceedings arising from the Trucks cartel are not damages-based agreements ("DBAs"). What you need to know - key takeaways The decision (...)

The UK Court of Appeal dismisses a request for appeal as the Tribunal’s funding judgment does not fall within the ambit of section 49(1A) of the Competition Act (DAF Trucks)
Hausfeld (London)
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Hausfeld (London)
Following a rolled-up hearing comprising a panel of three judges sitting as both the Court of Appeal and the Divisional Court, a judgment earlier this month has provided helpful clarity on two important aspects relating to the collective proceedings regime: (i) the extent to which litigation (...)

The Amsterdam Court of Appeal accepts jurisdiction regarding a damage claim in a case of abuse of dominance in the Greek beer market (MTB / AB / Heineken)
Bird & Bird (Amsterdam)
On 16 February 2021, the Amsterdam Court of Appeal (Court of Appeal) reversed a judgment of the Amsterdam District Court (District Court) in which the District Court declined jurisdiction in the damage claims brought by the Macedonian Thrace Brewery S.A. (MTB) against Athenian Brewery S.A. (AB) (...)

The Czech Supreme Court lodges a request for a preliminary ruling regarding evidence disclosure under the EU Damages Directive
Bird & Bird (Prague)
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Bird & Bird (Prague)
The Czech Supreme Court lodged a request for a preliminary ruling (Case C-57/21) on 1 February 2021 regarding evidence disclosure under the EU Damages Directive 2014/104/EU. In the proceedings before Czech courts, a privately-owned transportation company RegioJet a.s. sued the state-owned (...)

The UK Supreme Court receives actions from consumers and small businesses to seek redress for price fixing and abuses of dominant power in the financial services sector (Merricks / Mastercard)
Hausfeld (London)
In 2015, the legislation introducing a UK collective litigation procedure for competition claims came into force – enabling consumers and small businesses to seek redress for the anti-competitive behaviours of price fixing and abuses of dominant power. Five years later, and such a collective (...)

The UK Supreme Court dismisses the appeal of a financial services company in a class action related to an alleged overcharging of interbank fees (Merricks / Mastercard)
Covington & Burling (London)
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Covington & Burling (London)
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Covington & Burling (Brussels)
The UK Supreme Court has today ruled in favour of Walter Merricks, the former head of the UK Financial Ombudsman Service., in a hotly-anticipated judgment in the first opt-out competition class action brought in the UK. Background Mr Merricks is the proposed class representative for 46.2 (...)

The UK Supreme Court overturns a Competition Appeal Tribunal’s ruling and clarifies the class action regime in a proceeding brought against a credit card company (Merricks / Mastercard)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
Earlier today the Supreme Court handed down its hotly-anticipated judgment regarding the certification of an opt-out competition collective action brought by Walter Merricks against Mastercard. The claim is seeking £14bn in damages on behalf of some 46.2 million UK consumers, in respect of (...)

The UK Supreme Court dismisses the appeal of a financial services company by upholding the decision of the Court of Appeal and makes a significant impact on the national collective proceedings for the future (Merricks / Mastercard)
White & Case (London)
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White & Case (London)
In a landmark judgment (and in unusual circumstances), the UK Supreme Court has held that the ongoing Merricks v Mastercard case should be referred back to the Competition Appeal Tribunal (CAT). Not only is this a step towards Merricks’ claim that interchange fees were "an invisible tax on UK (...)

The UK Supreme Court hands down a significant judgment relating to the certification of a £14bn opt-out competition collective action brought against a credit card company (Merricks / Mastercard)
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
On 11 December 2020 the Supreme Court handed down a very significant judgment relating to the certification of a £14bn opt-out competition collective action brought by Walter Merricks against Mastercard, in respect of losses alleged to have resulted from the use of anti-competitive multilateral (...)

The UK Supreme Court gives guidance on collective proceedings in competition appeal tribunal in the financial services sector (Merricks / Mastercard)
Shearman & Sterling (London)
,
Shearman & Sterling (Brussels)
,
Shearman & Sterling (London)
In our May 2020 Competition Litigation Update, we covered the hearing of the landmark Supreme Court case of Mastercard Incorporated v Walter Hugh Merricks [2020] UKSC 51. The Supreme Court has now handed down its judgment in the case which concerned the test for the certification of collective (...)

The UK Supreme Court hands down a landmark judgment, finding that the Competition Appeal Tribunal incorrectly rejected an application for certification to bring collective proceedings (Merricks / Mastercard)
Bird & Bird (London)
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Bird & Bird (London)
,
Bird & Bird (London)
The UK Supreme Court has handed down a landmark judgment, finding that the Competition Appeal Tribunal (CAT) incorrectly rejected an application for certification to bring collective proceedings. This decision sets out important clarifications on the framework to be applied by the CAT when (...)

The UK Supreme Court lowers the bar for certification of class actions when giving its judgment against a financial services company (Merricks / Mastercard)
Hogan Lovells (London)
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Hogan Lovells (London)
,
Hogan Lovells (London)
In a key decision, the UK Supreme Court has given guidance on the threshold for certifying a class action for breach of competition law. The Court’s judgment in Mastercard v Merricks will make it easier to obtain class certification and will likely encourage a significant increase in class (...)

The UK Supreme Court sends back to the UK Competition Appeal Tribunal a £14 billion class action lawsuit against a credit card company (Merricks / Mastercard)
Van Bael & Bellis (Brussels)
On 11 December 2020, the UK’s Supreme Court sent a planned £ 14 billion class action lawsuit against Mastercard back to the Competition Appeal Tribunal (“CAT”) for review. This is the first collective proceedings case of this kind to reach the Supreme Court and it addresses important questions (...)

The UK Supreme Court clarifies low bar for class action certification (Merricks / Mastercard)
Skadden, Arps, Slate, Meagher & Flom (London)
,
Skadden, Arps, Slate, Meagher & Flom (London)
,
Skadden, Arps, Slate, Meagher & Flom (London)
On 11 December 2020, the U.K. Supreme Court (the Court) handed down its much-awaited ruling in Merricks v Mastercard, dismissing Mastercard’s appeal against the English Court of Appeal’s April 2019 decision in a 3-2 ruling. The main aspects of the decision are explained below: This ruling (...)

The UK Supreme Court lowers the bar on certification for collective actions by dismissing a credit card company’s appeal (Merricks / Mastercard)
Ashurst (London)
,
Ashurst (London)
In a highly anticipated ruling, the UK Supreme Court has dismissed Mastercard’s appeal against the principles established by the Court of Appeal (on appeal from the UK’s Competition Appeal Tribunal ("CAT")) in relation to the approval of class actions by the CAT. The case will now be remitted to (...)

The EU Court of Justice rules in favour of domestic undertakings allowing them to sue big tech companies (Booking.com)
Hungarian Competition Authority (Budapest)
Amazon, Facebook, Google, Apple, Booking.com – domestic undertakings can also sue foreign ‘giants’ in Hungarian courts* The Court of Justice of the European Union adopted a decision which is significant and favourable for Hungarian undertakings as well: even the largest foreign platforms can be (...)

The UK Court of Appeal clarifies the ability of parties that settle EU Commission antitrust investigations to challenge the Commission’s findings in follow-on damages actions (Trucks cartel)
Cleary Gottlieb Steen & Hamilton (London)
,
Cleary Gottlieb Steen & Hamilton (London)
,
Cleary Gottlieb Steen & Hamilton (London)
The Court of Appeal has handed down an important judgment clarifying the ability of parties that settle European Commission (Commission) antitrust investigations to challenge the Commission’s findings in follow-on damages actions. The judgment concerns an appeal relating to a preliminary issue (...)

The UK Court of Appeal dismisses an appeal relating to the evidential weight to be given to recitals to an EU Commission infringement decision issued under the settlement procedure (Trucks cartel)
Ashurst (London)
,
Ashurst (London)
On 11 November 2020, the Court of Appeal emphatically dismissed an appeal brought by five truck manufacturers against a judgment of the Competition Appeal Tribunal ("CAT") handed down in March 2020 relating to the evidential weight to be given to recitals to a European Commission infringement (...)

The German Federal Court of Justice rules on passing-on defence in damages claims proceedings following a sanctioned cartel in the rail market (Rail cartel)
Van Bael & Bellis (Brussels)
In a recently published judgment of 23 September 2020, the German Federal Court of Justice (“FCJ”) ruled once again on the private damages claims of a public transport company following on from the Federal Cartel Office’s rail track cartel decision (see VBB on Competition Law, Volume 2012, No. 7 (...)

The EU Court of Justice Advocate General Saugmandsgaard Øe considers that the special jurisdiction rule for tort disputes under Brussels I Bis applies to civil liability actions based on an infringement of competition law (Wikingerhof)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 10 September 2020, Advocate General Saugmandsgaard Øe rendered his non-binding opinion in the context of a preliminary reference request from the German Federal Court of Justice on the interpretation of Article 7(2) of Regulation 1215/2012 (“Brussels I Bis”). This Article provides that in (...)

The Estonian Competition Authority analyses the competition situation in the pharma sector in order to assess the medicine pricing regulation
Estonian Competition Authority (Tallinn)
The price regulation of pharmaceuticals is illusory* The Competition Authority conducted an analysis of the competition situation in order to assess the functioning of the regulation that sets the limits for the prices of medicines. The Competition Authority considers that the current system (...)

The Polish Competition Authority clarifies procedure for individuals injured by competition law infringements to seek damages in court
Polish Competition Authority (Warsaw)
Have you suffered a loss due to anti-competitive practices? You may claim compensation* Individuals injured by anti-competitive practices may seek redress in the courts. President of UOKiK Tomasz Chróstny reminds that it is of no relevance to the case whether the decision on legal infringement (...)

The EU Commission provides helpful guidance to national judges on the disclosure of confidential information in competition law private enforcement cases
Hogan Lovells (Milan)
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Hogan Lovells (Milan)
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Hogan Lovells (Milan)
On 20 July 2020 the European Commission has adopted a non-binding Communication providing guidance to national judges on how to handle the disclosure of confidential information in proceedings for competition law private enforcement. The Communication, which contains a non-binding definition (...)

The EU Commission adopts communication on the protection of confidential information in follow-on damages actions
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 20 July 2020, the European Commission (the “Commission”) adopted a communication on the protection of confidential information by national courts in follow-on damages proceedings (the “Communication”). The Damages Directive provides that national courts should have the ability to order (...)

The EU Commission adopts guidance for national courts when handling disclosure of confidential information
DG COMP (Brussels)
Antitrust: Commission adopts guidance for national courts when handling disclosure of confidential information* The European Commission has adopted a Communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law. (...)

The EU Commission adopts guidance for national courts when handling disclosure of confidential information
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
The European Commission has adopted a communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law (Communication). The adoption follows a public consultation launched by the Commission last year inviting (...)

The EU Commission consults on a new competition tool and signals a road towards a more proactive approach to enforcement
Hausfeld (Amsterdam)
Introduction Competition law is one of the cornerstones of the European internal market. Two of the main articles for European Competition Law are 101 TFEU and 102 TFEU, which respectively contain the prohibition on agreements and concerted practices restricting competition (Article 101), and (...)

The EU Commission launches consultation for enforcement powers on digital markets
Loyens & Loeff (Amsterdam)
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Loyens & Loeff (Amsterdam)
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Loyens & Loeff (Amsterdam)
Commission’s New Tools for Policing Digital Markets Are Shaping Up Gradually, But Slowly* After two rounds of public consultations that ended 8 September 2020, the European Commission (‘Commission’) appears to be on track and make its proposals for new enforcement powers more concrete. The (...)

The EU Commission proposes a new competition toolbox targeting structural risks to competition and markets characterised by a structural lack of competition
Court of First Instance of Namur (Namur)
In the context of the intense debate about the role of competition policy in an increasingly digital and globalised economy, the European Commission (the “Commission”) has concluded that ensuring the fair functioning of markets may require a more holistic and comprehensive toolbox than that (...)

The EU Commission launches a public consultation to seek views from the public on the adoption of a regulation that would introduce a market investigation tool
Norton Rose Fulbright (Brussels)
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Norton Rose Fulbright (Brussels)
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McDermott Will & Emery (Brussels)
On 2 June 2020, the European Commission (the Commission) published its inception impact assessment (or roadmap) on the possible adoption of regulation that would introduce a new market investigation tool. This assessment was immediately followed by the launch of a public consultation to seek (...)

The EU Commission launches consultations on ex-ante competition enforcement in platform-based and other industries
Baker Botts (Washington)
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Baker Botts (Brussels)
,
Baker Botts (Brussels)
Recently, the European Commission (“EC”) launched two major public consultations for new legislative tools intended to step up antitrust enforcement in digital and other markets. One consultation relates to a new competition enforcement tool that would allow the EC to pro-actively intervene in (...)

The Bulgarian Competition Authority operates under the state of emergency and follows a new regime during the COVID-19 crisis Free
Druzhestvo Stoyanov & Tsekova in cooperation with Schoenherr (Sofia)
CPC activity during COVID-19 crisis* On 13 March 2020 the government declared a national state of emergency as a result of the ongoing COVID-19 crisis. The state of emergency is currently in force until 13 May. This article outlines the impact of this declaration on Commission for Protection (...)

The UK High Court issues guidance on the balancing of conflicting interest in a case involving the protection of a big tech’s confidential and technical information concerning its search algorithms (Foundem / Google)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
Introduction There is an emerging trend in competition damages cases in England for the majority of documents to be disclosed into so-called “confidentiality rings.” These restrictive confidentiality procedures can result, in certain instances, in the parties themselves being precluded from (...)

The Regional Court of Munich dismisses follow-on damages claims totaling €600 million against participants in a truck cartel (Trucks cartel)
Court of First Instance of Namur (Namur)
On 7 February 2020, the Regional Court of Munich (the “Court”) dismissed a follow-on claim for damages brought by litigation vehicle Financial right, a registered legal services company. The claim followed a 2016 fining decision of the European Commission (the “Commission”) against participants in (...)

The Amsterdam Court of Appeal rules that cartel damage claims filed by a claim vehicle is not time-barred under Spanish, Finnish and Swedish law in the chemicals market (CDC / Kemira)
Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
On 4 February 2020, the Amsterdam Court of Appeal (“Court of Appeal”) ruled that cartel damage claims that were filed by claim vehicle CDC against Kemira were not time-barred under Spanish, Finnish and Swedish law. The Court of Appeal also dismissed Kemira’s challenge to the way in which the (...)

The German Federal Court of Justice defines in line with EU case-law the substantive and procedural requirements for establishing causality in cartel-related damages actions (Rail Cartel)
University of Vienna
By its ruling in Rail Cartel II (Schienenkartell II), delivered on 28 January 2020, the German Federal Court of Justice (Bundesgerichtshof) has clarified the respective prerequisites to establish, on the one hand, causality which gives rise to liability (haftungsbegründende Kausalität), and on (...)

The EU Court of Justice clarifies the eligibility requirements of claims for indirect damages caused by a violation of Art. 101 TFEU (Otis / Land Oberösterreich)
University of Liège
The parties Otis GmbH, is an Austria based manufacturer and provider of maintenance services for elevators and escalators. Taken over in 1969, they are now a subsidiary of the American Otis Elevator Company Corp. Schindler (Schindler Liegenschaftsverwaltung GmbH and Schindler Aufzüge und (...)

The Spanish Provincial Court of Valencia annuls a lower court’s judgment and argues in favour of the principal of personal liability in a claim for damages in a truck cartel case (Man Truck / Bus Iberia)
Bird & Bird (Madrid)
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Ecija & Asociados (Madrid)
On 5 December 2019, the Provincial Court of Valencia upheld the appeal lodged by MAN Truck & Bus Iberia S.A. (a Spanish subsidiary of the worldwide truck producer MAN) against the Judgment of a lower court admitting the possibility to claim for damages from the Spanish subsidiary where the (...)

The EU Court of Justice provides guidance on the interpretation of the place of the harmful event under Regulation Brussels I bis for the determination of alternative grounds of jurisdiction in pan-European cartel damages cases (Tibor-Trans / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
With its judgment of 29 July 2019 in Case C-451/18,Tibor-Trans (the ‘Judgment’), the EU Court of Justice (the ‘CJEU’) clarified the competence of national courts to hear damage actions relating to pan-European infringements of Art. 101 TFEU under Regulation 1215/2012 Brussels I bis (in short (...)

The EU Commission consults stakeholders on guidance for national courts when handling disclosure information in proceedings for the private enforcement
DG COMP (Brussels)
Antitrust: Commission consults stakeholders on guidance for national courts when handling disclosure information* The European Commission is inviting comments on a draft communication to assist national courts in dealing with requests to disclose confidential information in proceedings for the (...)

The EU Court of Justice rules on jurisdiction in private damages actions for infringement of competition law in absence of contractual link between parties to cartel (Tibor-Trans / DAF Trucks)
Court of First Instance of Namur (Namur)
On 29 July 2019, the Court of Justice of the European Union (the “ECJ”) handed down a judgment in which it held that a domestic court in an EU Member State has jurisdiction to rule on a follow-on competition damages claim even when no direct contractual link exists between the participant to a (...)

The EU Commission issues guidelines for national courts on how to calculate the pass-on of price overcharges related to infringements of EU antitrust rules
Callol, Coca & Asociados (Madrid)
The European Commission has issued guidelines for national courts on how to estimate the passing-on of overcharges to indirect purchasers of goods and services affected by infringements of Articles 101 and 102 TFEU. The guidelines have been issued pursuant to Article 16 of the Antitrust Damages (...)

The Italian Supreme Court clarifies the evidentiary value of a competition infringement established by the Bank of Italy in follow-on actions (Bosco / Banca Popolare di Bergamo)
Giannino SI (Monserrato)
Introduction By the judgment handed down in Bosco v Banca Popolare di Bergamo, the Italian Court of Cassation has considered the evidentiary value of a decision made by the Bank of Italy concerning an anti-competitive practice in the banking sector. The question addressed by the Court of (...)

The Milan Court provides guidance on the application of the Italian Code of Civil Procedure to a private enforcement action following the decision of the EU Commission imposing fines on a truck cartel (Torchiani / Tecnofoodpack / Iveco)
White & Case (Milan)
1.- Introduction After the adoption of the European Commission Decision, on 19 July 2016, imposing fines of over 2.9 billion Euro on the most important truck manufacturers (i.e. the so-called case AT.39824 – Trucks), a copious series of antitrust damages actions have been promoted all over (...)

The UK Court of Appeal confirms that the first claim under the UK’s flagship "opt-out" regime can proceed (Merricks / Mastercard)
Simmons & Simmons (London)
The action is based on the EU Commission’s finding that MasterCard’s EEA multilateral interchange fees (MIFs) breached Article 101(1) TFEU (see here for further details). That finding was upheld by the European Court of Justice (on appeal by MasterCard) on 11 September 2014 (see our further (...)

The UK Court of Appeal clarifies the collective proceeding regime in a private action against a credit card company (Merricks / MasterCard)
Blackstone Chambers (London)
Merricks v MasterCard: Collective Actions Reinvigorated* The Court of Appeal today gave its much-anticipated judgment in the application to bring collective proceedings against MasterCard: see Merricks v MasterCard Incorporated and others [2019] EWCA Civ 674. It is a major victory for the (...)

The UK Court of Appeal overturns a Competition Appeal Tribunal’s decision in landmark collective action (Merricks / Mastercard)
Court of First Instance of Namur (Namur)
On 16 April 2019, the UK Court of Appeal ruled that the Competition Appeal Tribunal (“CAT”) had incorrectly refused to certify a major collective action brought against Mastercard. The collective action seeks approximately GBP 14 billion in damages on behalf of an estimated 46.2 million customers (...)

The UK Court of Appeal overturns a Competition Appeal Tribunal’s decision in favour of consumers in collective proceedings against a credit card company (Merricks / Mastercard)
Allegro Consulting (Brussels)
Walter Merricks v. Mastercard, Paving the Way for Economic Analysis in Class Actions* The England and Wales Court of Appeal has overturned the Decision of the United Kingdom Competition Appeals Tribunal (CAT) in the collective proceedings Walter Merricks v MasterCard, where final consumers are (...)

The EU Court of Justice holds that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco)
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
The European Court of Justice in Cogeco rejects a direct effect of the Damages Directive in the pre-implementation phase, but establishes that the principle of effectiveness may itself render national rules on limitation of antitrust damages claims ineffective. The European Court of Justice (...)

The EU Court of Justice holds that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco)
Sérvulo (Lisbon)
The first preliminary ruling on Directive 2014/104/EU: Case 637/17 Cogeco* Introduction With two major decisions, March 2019 was an interesting month with regard to the Court of Justice’s (also ‘ECJ’) case-law on private enforcement of competition law: Skanska (C-724/17) and Cogeco (C-637/17). (...)

The EU Court of Justice rules on the scope of a national limitation period in light of the Damages Directive (Sport TV / Cogeco)
Court of First Instance of Namur (Namur)
On 28 March 2019, the Court of Justice of the European Union (“ECJ”) ruled on a preliminary reference from a Portuguese court on the scope of the Portuguese limitation period in light of Directive 2014/104 on certain rules governing actions for damages under national law for infringements of the (...)

The EU Court of Justice Advocate General Juliane Kokott recommends that the EU Damages Directive not apply to proceedings that begun in a Member State before the transposition of the Directive (Cogeco / Sport TV Portugal)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
Following the decision of the Portuguese Competition Authority finding that Sport TV had engaged in an abuse of dominance between 2006 and 2011, in February 2015, Cogeco, a Canadian cable company, brought an action for damages against Sport TV Portugal . Cogeco claimed that the EU Damages (...)

The EU Court of Justice sets aside General Court judgments granting damages for excessively long judicial proceedings (Gascogne / Kendrion / Plasticos Españoles)
Court of First Instance of Namur (Namur)
On 13 December 2018, the Court of Justice of the European Union (“ECJ”) delivered three judgments on separate appeals brought against judgments of the General Court (“GC”) by Gascogne Sack Deutschland (“Gascogne”), Kendrion and Plasticos Españoles (together with its parent company Armando Álvarez) in (...)

The EU Court of Justice holds that a jurisdiction clause is not excluded when it does not expressly refer to disputes relating to liability resulting from an abuse of dominant position (Apple / MJA)
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
Application of Jurisdiction Clauses to Competition Damages Actions Depends on Cause of Action* Summary The European Court of Justice (ECJ) recently ruled that a jurisdiction clause does not need to refer expressly to disputes arising from a breach of competition law where damages are claimed (...)

The EU Court of Justice rules on the applicability of contractual jurisdiction clauses in the context of abuse of a dominant position, ruling that some competition law violations are more contract related than others (Apple / MJA)
Latham & Watkins (Brussels)
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Liège University (Liège)
With its judgment the European Court of Justice (‘ECJ’) confirms its previous case law indicating that the criterium to determine whether a competition law violation is covered by a contractual jurisdiction clause is the existence of a ‘contractual link’, adding that this is the case even when such (...)

The EU Court of Justice holds that claims alleging abuse of dominance could come within the terms of a jurisdiction clause even where the clause did not expressly refer to claims based on competition law (Apple MJA)
McCann FitzGerald (Dublin)
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McCann FitzGerald (Dublin)
Competition Disputes: Will a Jurisdiction Clause Govern Where They are Brought?* The European Court of Justice (CJEU) held recently in Apple Sales International v MJA acting as liquidator of eBizcuss.com that claims alleging abuse of a dominant position could come within the terms of a (...)

The EU Court of Justice rules that jurisdiction clauses subject to EU law may be enforced by member states in actions for damages for abuse of dominance (Apple / MJA)
Cleary Gottlieb Steen & Hamilton (Paris)
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Cleary Gottlieb Steen & Hamilton (Paris)
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Cleary Gottlieb Steen & Hamilton (London)
European Court of Justice Issues Important Judgment Related to Jurisdiction Clauses for Antitrust Actions* In a recent judgment providing a preliminary ruling in the case, Apple Sales International et al. v. EBizcuss.com (C-595/17, October 24, 2018), the Court of Justice of the European Union (...)

The EFTA Court renders a judgment on the limitation period for damages claims (Nye Kystlink / Color Group and Color Li)
Court of First Instance of Namur (Namur)
On 17 September 2018, the Court of Justice of the European Free Trade Association States (the “EFTA Court”) handed down its judgment in Nye Kystlink AS v Color Group AS and Color Line, Case E-10/17, answering preliminary questions asked by Norway’s Borgarting Court of Appeal (Borgarting (...)

The EU Court of Justice clarifies territorial jurisdiction criteria for damages proceedings resulting from competition infringements (FlyLAL)
Court of First Instance of Namur (Namur)
On 5 July 2018, the Court of Justice of the European Union (ECJ) rendered a preliminary ruling on territorial jurisdiction in a long-running dispute brought by Lithuanian Airlines (“flyLAL”) against Air Baltic and Riga Airport. The case was referred to the ECJ by a Lithuanian court in order to (...)

The EU Court of Justice clarifies jurisdiction in tortious claims and claims relating to acts of branches, which arise from competition infringements (Flylal-Lithuanian Airlines)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
On 5 July 2018, the CJEU handed down a judgment in response to a request for a preliminary ruling from the Lithuanian Court of Appeal in which it provided welcome clarifications of the interpretation of Articles 5(3) and 5(5) of Regulation No 44/2001 (Brussels I Regulation). These articles (...)

The EFTA Court clarifies the applicable legal regime for private enforcement and margin squeeze (Fjarskipti / Siminn)
Giannino SI (Monserrato)
Following a request for an advised opinion made by an Icelandic judge, the EFTA Court has handed down a judgement in the Fjarskipti v Siminn case touching on some procedural and substantive competition law issues. The EFTA Court clarified which are the rules that in the EFTA legal system apply (...)

The EU Commission launches "New Deal" Consumer legislation on collective redress
Latham & Watkins (Hambourg)
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Latham & Watkins (Brussels)
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Latham & Watkins (Brussels)
European Commission Launches “New Deal” Consumer Legislation Covering Digital Services* Proposed new consumer legislation raises regulatory risks for businesses, creating new rights for consumers and introducing potentially increased collective litigation and fines for businesses. The European (...)

The EU Commission proposes a harmonized approach to collective redress such as group or class actions
Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (Frankfurt)
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Skadden, Arps, Slate, Meagher & Flom (London)
Despite 20 years of robust legislative activity in the field of consumer protection and the 2013 European Commission recommendation on collective redress mechanisms, a harmonized approach to collective redress such as group or class actions does not exist throughout the European Union. That may (...)

The High Court of England and Wales provides guidance determining the applicable law in competition actions (Deutsche Bahn / Mastercard)
Blackstone Chambers (London)
Applicable law in competition infringements: Deutsche* The recent judgment of Barling J in Deutsche Bahn AG v MasterCard offers important guidance on determining applicable law in competition actions. Practitioners dealing with competition infringements which stretch back prior to the entry (...)

The EU General Court confirms the Commission’s decision in refusing access to its files during a cartel proceeding in the financial sector (Edeka-Handelsgesellschaft)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
This judgment arises out of an application by Edeka- Handelsgesellschaft Hessenring mbH (Edeka) for access to the EC’s decision and table of contents of the file in settlement proceedings concerning four banks involved in the Euro Interest Rate Derivatives (EIRD) cartel. The judgment illustrates (...)

The Italian Supreme Court upholds the class action ruling of the Court of Appeal of Milan on misleading advertising (Voden)
Jones Day (Milano)
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Jones Day (Munich)
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Jones Day (Paris)
The Situation: On January 31, 2018, the Italian Supreme Court ruled on the first Italian product-related class action promoted by a consumers’ association. The Result: The Court upheld the consumer’s class action claim regarding the unlawful advertising of a medical device. Looking Ahead: The (...)

The EU Court of Justice receives the first preliminary ruling request on the applicability of the EU Damages Directive (Cogeco / Sport TV Portugal)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
A Portuguese court (Tribunal Judicial da Comarca de Lisboa) has referred the first preliminary ruling request on Directive 2014/104 ("the EU Damages Directive") to the Court of Justice of the EU. The reference of the case is C-637/17. The main question referred by the Portuguese court aims at (...)

The UK High Court renders a judgment significantly restricting the temporal scope of the claims in four air cargo cartel damages actions (Emerald Supplies)
Shearman & Sterling (Brussels)
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Reed Smith (Brussels)
On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ claims in four air cargo cartel damages actions. This judgment is the last in a series of adverse judgments for the claimants in these proceedings. Background (...)

The Regional Court of Dortmund holds that standard arbitration agreements apply to cartel damages actions if and when the alleged conduct coincides with a breach of contract deviating from the EU Court of Justice foreseeability theory established for jurisdiction clauses (C. / N.)
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
1. Introduction The question of whether cartel damages claims can be tried in arbitration under so-called ’standard’ arbitration agreements – meaning not explicitly referencing tortious or even specifically antitrust damages claims – has recently been the subject of much debate. Regarding (...)

The Spanish government implements the EU antitrust damages directive
Callol, Coca & Asociados (Madrid)
The government has issued an urgent Royal Decree-Law 9/2017 of 26 May (RDL) implementing Directive 2014/104/UE, of the European Parliament and the Council, of 26 November 2014 (Directive) into Spanish law. A Royal Decree-law is an instrument used by the government to legislate on matters that (...)

The Slovenian Parliament adopts an amended Competition Act implementing the EU Damages Directive into national law
Fatur Law Firm (Ljubljana)
Introduction The National Assembly of the Republic of Slovenia adopted in May 2017 the Act amending the Prevention of the Restriction of Competition Act (hereinafter referred to as the Competition Act), thus completing the process of implementing the Directive 2014/104/EU of the European (...)

The German Federal States Council approves reform of the national competition law
Heinz & Zagrosek (Köln)
Germany adopts competition law reform* Following the Parliament’s approval in early March, the Federal States Council, Germany’s second legislative chamber, has approved the most recent reform to German competition law on March 31, 2017. The new law will enter into force upon publication in the (...)

The Dutch District Court of Gelderland dismisses a company’s passing-on defence in private enforcement litigation (ABB / TenneT)
Court of First Instance of Namur (Namur)
On 29 March 2017, the District Court of Gelderland (the “Court”) dismissed a passing-on defence put forward by the Swiss technology company ABB in a cartel damages case initiated by the Dutch network grid operator TenneT. TenneT claimed that it had incurred damages as a result of higher prices (...)

The French administration implements the EU Directive 2014/104 on antitrust damages actions (Decree n° 2017-305)
Franklin (Paris)
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United Kingdom’s Competition Authority - CMA (London)
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On 10 March 2017, France finally implemented into French law the EU Directive 2014/104 of 26 November 2014 on antitrust damages actions (see our Special Report) through Order n° 2017-303 and its implementing Decree n° 2017-305 of 9 March 2017. France was more than two months late, but there are (...)

The German Parliament implements the EU Antitrust Damages Directive
Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Cologne)
On March 10, 2017, the German Parliament adopted the 9th amendment to the German Act against Restraints of Competition (“9th Amendment”). While many of the revisions are of a declaratory nature, some changes should make cartel damages actions in Germany more attractive – in particular the new (...)

The Italian Council of Ministers approves a Legislative Decree implementing the EU Antitrust Damages Directive
McDermott Will & Emery (Paris)
Finally Implemented! The Italian Council of Ministers Approves a Legislative Decree Implementing the EU Antitrust Damages Directive* On 14 January 2017, the Italian Council of Ministers approved the Legislative Decree implementing Directive 2014/104/EU on certain rules governing actions for (...)

The Swedish government passes a new Competition damages act in order to implement the Directive on antitrust damages actions
Delphi (Stockholm)
The new Swedish Competition Damages Act* The Swedish implementation of the Directive on Antitrust Damages Actions (the “Directive”) is in force as of 27 December 2016 with the entering into force of the Swedish Competition Damages Act (Sw. Konkurrensskadelag (2016:964)) (the “Act”). The (...)

The UK Parliament implements the EU antitrust damages directive
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
The Damages Directive seeks to promote private enforcement of EU competition law before national courts across the European Union (the “EU”). The UK Regulations implementing the Directive were laid before Parliament on 20 December 2016 but will not come into force until after they have (...)

The EU Commission publishes study on the passing-on of overcharges
Court of First Instance of Namur (Namur)
On 25 October 2016, the European Commission’s Directorate-General for Competition (“DG Comp”) published an expert study on potential approaches for national courts to assess the passing-on of overcharges in competition litigation (“the Study”). The Study aims to provide judges and practitioners (...)

The Administrative Court of Dusseldorf rules on the right to access cartel damages proceeding file before the labour court (Local transportation company)
Court of First Instance of Namur (Namur)
In a judgment of 7 July 2016, the Administrative Court Düsseldorf (the “Court”) annulled the prior decision of the President of the Higher Labour Court Düsseldorf (the “President”) who had denied a potential cartel victim access to the file of a cartel damages proceeding before the Higher Labour (...)

The German Federal Ministry of Economic Affairs publishes a draft law implementing the EU Damages Directive
Hausfeld (Berlin)
,
Hausfeld (Berlin)
Draft German law implementing EU Damages Directive* On Friday, 1 July 2016, the German Federal Ministry of Economic Affairs finally published its draft law implementing the European Union directive governing actions for damages for infringements of competition rules (“Damages Directive”). The (...)

The Regional Court of Potsdam rules on the validity of standard term stipulating fixed percentage of cartel damages (Public local transport)
Court of First Instance of Namur (Namur)
In a judgment of 13 April 2016, the Regional Court Potsdam (the “Court”) ruled on the validity of a standard term in a procurement contract stipulating a fix percentage (15%) of damages in case of future follow-on action in relation to a competition law infringement. The claimant, a public local (...)

The UK High Court allows a plaintiff to amend its claim and introduces a plea on the counterfactual which were not originally included in the complaint to the EU Commission (Deutsche Bahn / MasterCard)
Blackstone Chambers (London)
Illegal counterfactuals: bringing in new claims by the backdoor?*It is fairly well-established in competition cases that the hypothetical counterfactual – which, for the purposes of causation, posits what the situation would have been absent any breach of competition law – cannot contain unlawful (...)

The UK High Court decides that a standalone claim issued in the High Court could be transferred to the Competition Appeal Tribunal (Sainsbury Supermarkets / MasterCard)
Blackstone Chambers (London)
Standalone claims in the CAT: bypassing the transitional rules* We have written before about the problems inherent in the transitional provisions of the new Consumer Rights Act 2015 (see Tom de la Mare QC’s blog here). A recent decision from Mr Justice Barling in the Mastercard litigation (...)

The Hungarian Parliament adopts the new Public Procurement Act (Act CXLIII)
Baker McKenzie (Budapest)
The new Hungarian Public Procurement Act (PPA) applicable from 1 November 2015 brings fundamental changes by introducing automatic mandatory debarment from public procurement tenders as a consequence of any violation of Art. 101 TFEU or its national equivalents. This is a major change compared (...)

Regulatory

The Danish Government proposes a new competition act entailing several extensive and intrusive changes to the current one as a part of the implementation of the ECN+ directive
Bird & Bird (Copenhagen)
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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 Romanian Competition Authority analyses the competitive impact of legislation requiring accounting and medical services firms to be owned or managed only by field professionals
Romanian Competition Council (Bucharest)
The Competition Council Analyses the Impact of Accounting and Medical Services Legislation on Competition* The Competition Council conducts a study to analyse the impact of the legislative provisions that oblige the undertakings in the field of accounting and medical services to be owned and / (...)

The French Competition Authority issues an opinion on the analysis of the fixed broadband and superfast broadband wholesale markets
Autorité de la concurrence (Paris)
The Autorité de la concurrence has issued an opinion to Arcep as part of the cycle of analysis of the fixed broadband and superfast broadband wholesale markets* Background Arcep requested the opinion of the Autorité de la concurrence on five draft decisions adopted by Arcep as part of the sixth (...)

The UK Competition Authority publishes its long-awaited final report of its online platforms and digital advertising market study
Hausfeld (London)
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Hausfeld (London)
,
Hausfeld (London)
On 1 July 2020, the UK’s Competition and Markets Authority published its long-awaited final report of its online platforms and digital advertising market study (CMA Final Report). In so doing, it has confirmed what many have been saying for some time: serious competition concerns exist in this (...)

The Irish Competition Authority launches public consultation on public liability insurance market
Irish Competition Authority (Dublin)
CCPC launches public consultation on public liability insurance market* The Competition and Consumer Protection Commission (CCPC) announced today that it has opened a public consultation and is seeking views from stakeholders on their experiences in the public liability insurance market. (...)

The Romanian Competition Authority expects to see price reductions in the natural gas market following its liberalization and global decreases in oil prices
Romanian Competition Council (Bucharest)
The Liberalization of the Natural Gas Market Should Lead to Price Reduction* In the context of the liberalization of the gas market for household consumers, the Competition Council points out that both at wholesale and retail level (household customers), there must be a normal competitive (...)

The French Competition Authority publishes its study on competition and e-commerce
French Competition Authority (Paris)
The Autorité has published a study on competition and e-commerce* The growth of e-commerce is profoundly changing distribution. The physical distribution model is facing strong competition from the growth of online sales, which may be the result of “pure play” online retailers and strategies (...)

The Hungarian Competition Authority launches a sector inquiry into the television broadcasting and distribution markets
Hungarian Competition Authority (Budapest)
The Hungarian Competition Authority has launched a sector inquiry into the television broadcasting and distribution markets* According to market signals received by the Hungarian Competition Authority (GVH), television broadcasters provide their services to larger television distributors at (...)

The German Competition Authority reports substantial differences in fuel prices at different petrol stations, exacerbated by the effects on oil prices by the COVID-19 pandemic Free
German Competition Authority (Bonn)
Substantial price differences at petrol stations - Bundeskartellamt publishes Annual Report of the Market Transparency Unit for Fuels* The Bundeskartellamt has published its 2019 annual report on the work of its Market Transparency Unit for Fuels today. Andreas Mundt, President of the (...)

The Portuguese Competition Authority publishes the final version of its report on minimum contract duration clauses and insists on enhancing freedom of choice for consumers particularly important in the context of social distancing due to COVID-19 outbreak Free
Portuguese Competition Authority (Lisbon)
Telecoms: the AdC publishes the final version of its report on minimum contract duration clauses and insists on enhancing freedom of choice for consumers* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) has published the final version of its report on “Loyalty policies in (...)

The UK Competition Authority proposes reforms to the Scottish legal services sector
United Kingdom’s Competition Authority - CMA (London)
CMA proposes reforms to Scottish legal services sector* The CMA has completed a research project to examine competition and regulation in the Scottish legal services sector. The Competition and Markets Authority (CMA) is recommending a series of measures to improve the information made (...)

The German Federal Ministry for Economic Affairs and Energy issues an update on the reform of German competition law
Court of First Instance of Namur (Namur)
On 24 January 2020, the German Federal Ministry for Economic Affairs and Energy published an update of its draft 10th amendment to the Act against Restraints of Competition (the “ARC”), officially called the “ARC Digitization Act”. Compared to the initial draft (see VBB on Competition Law, Volume (...)

The UK Payment Systems Regulator announces a market review into the supply of card-acquiring services
Covington & Burling (London)
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Covington & Burling (London)
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Quinn Emanuel Urquhart & Sullivan (London)
The UK Payment Systems Regulator (PSR) announced on 24 July 2018 its intention to carry out a market review into the supply of card-acquiring services. The PSR has released its draft Terms of Reference (“ToR”) and is seeking feedback on consultation questions. Card payments are now more common (...)

A research report finds that setting open technology standards through voluntary participation in Standards Development Organisations results in innovative and competitive industries
Compass Lexecon (Brussels)
Economic Impact of Technology Standards: The past and the road ahead - Key Findings* Our research has shown that industries based on open technology standards, agreed through voluntary participation in industry bodies, have an impressive record of innovation. We looked in particular at the (...)

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