Energy & Anticompetitive practices

Anticompetitive practices

The Spanish Competition Authority fines an electric company for organising bid rigging cartel in the market for supply and maintenance of weather radars (AEMET)
Ashurst (Madrid)
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Ashurst (Madrid)
The Spanish Competition Authority ("CNMC") has fined Schneider Electric Spain ("Schneider"), Adasa Sistemas ("Adasa") and DTN Services and Systems Spain ("DTN") a total of EUR 610,000 for organising a bid rigging cartel in the market for the supply and maintenance of weather radars tendered by (...)

The Turkish Competition Authority fines a Dutch company for obstructing parallel trade to Turkish energy solution market (Arti Marin / Mastervolt)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction On 29.01.2020, Turkish Competition Authority (“TCA”) announced its final decision (“Final Decision”) concerning the investigation conducted against Artı Marin Mobil Enerji Sistemleri Inc. (“Artı Marin”) and Mastervolt International Holding BV (“Mastervolt”), a Netherlands based energy (...)

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

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

The 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 Dutch Court of Appeal in Arnhem-Leeuwarden applies a rationale of the EU Court of Justice and finds subsidiary liable for damages resulting from an EU competition law infringement committed by its parent whilst engaging in a cartel (GIS Cartel)
Leiden University - Faculty of Governance and Global Affairs
Introduction In its interim judgement of 26 November 2019 (‘interim judgement’) the Dutch Court of Appeal Arnhem-Le euwarden (‘Court of Appeal’) applied the rationale of the Court of Justice of the European Union (‘CJEU’) in Skanska to rule that Cogelex (a subsidiary) and Alstom Holdings (its parent (...)

The Indian Competition Authority rules that quoting identical rates in tenders to oil marketing companies does not necessarily amount to a cartel (Prathima)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
Continuing the long saga of cartel proceedings against LPG cylinder manufacturers accused of bid-rigging in tenders to oil marketing companies, the CCI held in a recent order that one of the opposite parties – Prathima Industries (Prathima) - had quoted identical rates to those quoted by other (...)

The EU General Court reduces the fine imposed on a company involved in a car battery recycling cartel (Campine)
Van Bael & Bellis (Brussels)
On 7 November 2019, the General Court (“GC”) ruled on an appeal lodged by Campine Recycling NV (“Campine”) against the Commission’s decision fining Campine € 8,158,000 for its involvement in the Car Battery Recycling cartel. In its decision, the Commission found that Campine had agreed with others to (...)

The Mexican Competition Authority announces its initiation of investigations in diverse oil markets
Mexican Competition Authority (Mexico City)
The probes will be carried out in the gasoline and diesel markets, as well as the aviation fuel for national territory.* Today, the Federal Economic Competition Commission’s (COFECE or Commission) Investigative Authority published in the Federal Official Gazette and on its website, three (...)

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 Indian Competition Authority fines 51 LPG manufacturers for cartelization in withdrawing bids but does not rise the judgment to bid rigging (Hindustan Petroleum Corporation)
Vaish Associates Advocates (New Delhi)
CCI Imposes Penalty on LPG Gas manufacturers for Cartelization in Bidding Process in tenders floated by HPCL IN 2011* By way of order dated 09.08.2019, the Competition Commission of India (“CCI/Commission”) has imposed penalty on 51 LPG manufacturers for collectively withdrawing their bids from (...)

The Brazilian Competition Authority confirms the five-year statute of limitations for uniform conduct in the gas stations sector (Gas stations cartel)
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
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Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
Confirming the recent understanding adopted in the ruling of the Trains Cartel, CADE’s Tribunal unanimously acknowledged, at the judgment session on June 30, the five-year statute of limitations for the conduct of influence of uniform conduct. The new orientation was confirmed in an (...)

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

The Danish Maritime and Commercial Court finds that a price coordination agreement between companies and a trade organisation in the gas market restricted competition (HMN)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
On 12 June 2019, the Danish Maritime and Commercial Court found that a price coordination agreement between HMN Naturgas I/S, its two sub-contractors and a trade organisation had the object of restricting competition. HMN is a municipally owned natural gas undertaking that offers a maintenance (...)

The Spanish Supreme Court confirms the Competition Authority’s decision in fining a company for agreements and exchange of strategic information on prices (Repsol)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
The Spanish Supreme Court has confirmed the penalty against Repsol for anticompetitive practices consisting in agreements and exchange of strategic information on the prices of fuel in Spain. In the judgement, the Supreme Court has upheld the claims of the State Attorney (central government (...)

The Hungarian Competition Authority fines solar battery producers for coordinating prices (Alter Energetikai Iroda Tudományos / Szolgáltató / Megújuló Energiapark Kutatóközpont / Új Irány Energetika / LKM.HU Service / Havrilla-Ép Építőipari Szolgáltató)
Hungarian Competition Authority (Budapest)
The GVH fines solar battery producers for cartel activity* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) established that five undertakings had infringed competition law when they shared 26 EU funded projects among themselves relating to the production of solar power (...)

The Hungarian Competition Authority fines five companies for bid rigging in the solar panel installing market (Solar Panel cartel)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority ("GVH") unveiled a bid rigging cartel and imposed the maximum fines statutorily possible on the five solar panel installing companies involved. In the frame of the EU funded Environment and Energy Operative Program ("KEOP") published by the Ministry of (...)

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

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

The Ankara 7th Administrative Court annuls the Turkish Competition Authority’s dismissal decision regarding the restriction of parallel imports allegations faced by a company in the market of energy systems (Mastervolt / Eltesan)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Ankara 7th Administrative Court (“Court”) annulled the dismissal decision of the Turkish Competition Board (“Board”) concerning the allegations that Mastervolt International Holding B.V. (“Mastervolt”) and its exclusive distributor in Turkey, Artı Marin Elektrik Dış Tic. Ltd. Şti. (“Artı Marin”), (...)

The US DoJ announces that three South Korean companies in the market of oil refiners and logistics agreed to plead guilty and to enter into a civil settlement for bid-rigging (SK Energy / GS Caltex / Hanjin Transportation)
GeyerGorey (Washington)
DOD Bid Rigging Whistleblower and Related Antitrust Division Criminal Cases* Last week the Antitrust Division announced that three South Korean companies had agreed to plead guilty and to enter into civil settlements for rigging bids on United States Department of Defense Fuel Supply Contracts (...)

The German Federal Court of Justice annuls four judgments on fine calculation in the gas sector (Gas cartel case)
Van Bael & Bellis (Brussels)
On 9 October 2018, the German Federal Court of Justice annulled four judgments of the Higher Regional Court of Düsseldorf with regard to the amount of fines imposed in the liquefied gas cartel case. The Federal Court of Justice remitted the case to the lower court as regards the calculation of (...)

The UK High Court delivers its first follow-on cartel damages case judgment in the electricity interconnected cable market (ABB / BritNed)
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
The High Court has delivered its decision in the claim brought by BritNed Development Limited (BritNed) against ABB AB and ABB Ltd (together ABB). The case is significant as it is the first cartel damages claim to reach final judgment in the English courts. BritNed alleged that it suffered (...)

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 EU Commission opens a formal investigation to assess whether supply agreements between Qatari petrol companies and EU importers restrain competition (Qatar Petroleum)
DG COMP (Brussels)
Antitrust: Commission opens investigation into restrictions to the free flow of gas sold by Qatar Petroleum in Europe* The European Commission has opened a formal investigation to assess whether supply agreements between Qatar Petroleum companies exporting liquefied natural gas (LNG) and (...)

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

The Indian Competition Authority reconsiders a price fixing case referred back from the Appellate Tribunal and imposes revised fines against airline companies for fixing fuel surcharge rates for cargo transportation (Jet Airways / InterGlobe Aviation / Spice Jet)
Vaish Associates Advocates (New Delhi)
Competition Commission of India (“CCI”) imposes penalty on Jet Airways, IndiGo Airlines and Spicejet for fixing fuel surcharge rates* By way of an order dated March 7, 2018, the CCI has imposed a cumulative penalty of approx. INR 54 Crores on Jet Airways (India) Ltd (‘Jet Airways’), InterGlobe (...)

The US District Court for the Northern District of California denies a motion for class certification for a proposed class of indirect purchasers of lithium ion batteries (Lithium Ion Batteries)
McDermott Will & Emery (Washington)
Indirect purchaser plaintiffs’ motion for class certification in a lithium ion battery suit was denied for failing to show concrete evidence linking increased input costs to increased end-product prices; theoretical inference is not enough. What happened: The US District Court for the Northern (...)

The Spanish Supreme Court voids an exclusive-supply agreement in the energy sector that was previously subject to a commitment decision by the EU Commission (Repsol)
Van Bael & Bellis (Brussels)
Spain’s Supreme Court has voided a contract including an exclusive-supply clause in favour of Repsol, following a judgment of the Court of Justice of the European Union (“ECJ”) in which the ECJ confirmed that national courts are not precluded from assessing potentially anti-competitive agreements (...)

The Indian Competition Authority imposes the highest fine in terms of profit on hardcore cartel for supplying coal to 7 thermal power stations (Maharashtra State Power Generation / Nair Coal Services / Karam Chand Thapar / Naresh Kumar)
Vaish Associates Advocates (New Delhi)
CCI imposes highest penalty in terms of profit on a hard core cartel for coal liaisoning services for supply of coal to seven thermal power stations of Maharashtra State Power Generation Co. Ltd.* The Competition Commission of India (CCI) vide its order dated January 10, 2018 has exposed a (...)

The Romanian Competition Authority applies its first fine to a tender organiser for facilitating bid rigging (AEM / Energobit / Elster Rometrics / Landis+Gyr / Ecro / Electrica / Electromagnetica)
eMAG (Bucharest)
By way of its decision no. 77/2017 (’Decision’), the Romanian Competition Council (’RCC’) sanctioned six undertakings with fines totalling approx. EUR 15.8 million for bid rigging on the Romanian market for the manufacturing and commercialization of electricity meters and ancillary measuring (...)

The Indian Competition Authority widens the scope of bid rigging and exonerates 9 suppliers of air conditioning packages from allegations of bid rigging despite instances of identical bids (Kapurthala Rail Coach Factory / AC package suppliers)
Vaish Associates Advocates (New Delhi)
CCI exonerates 9 supplier from bid rigging in railway tenders * The Competition Commission of India (‘CCI’) vide its order dated November 28, 2017 has exonerated nine RDSO [Research Designs & Standards Organisation] approved suppliers (“Opposite Parties”), including four sister companies, of (...)

The EU Court of Justice deals a blow to the EU Commission’s power to close antitrust investigations with commitment decisions by ruling that they do not preclude national courts from examining whether agreements comply with antitrust rules (Gasorba / Repsol)
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 November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled that (...)

The US Court of Appeals for the Third Circuit affirms the District Court judgment for titanium dioxide purchaser on the grounds that the plaintiff lacked sufficient evidence to allege a conspiracy to fix prices (Valspar / DuPont)
McDermott Will & Emery (Washington)
What Happened: On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the court affirmed the district court’s grant of summary judgment for (...)

The Chinese Competition Authority fines several industry associations for price-fixing (Paper manufacturers and Power companies)
Jones Day (Beijing)
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Jones Day (Beijing)
Historically, most industry associations in China were quasi-governmental and served as forums through which member companies coordinated their activities, in some cases including price-setting. For this reason, anticompetitive behavior through industry associations is even more of a salient (...)

The Bulgarian Competition Authority approves commitments by oil companies suspected of cartel activities (Lukoil Bulgaria / Eco Bulgaria / Shell Bulgaria / OMV Bulgaria / NIS PETROL)
Tsvetkova Bebov Komarevski (Sofia)
The Bulgarian Commission for Protection of Competition has approved commitments by oil companies suspected of cartel activities* On 28.03.2017, the Bulgarian Commission for Protection of Competition (the “Bulgarian Commission”) approved commitments by the leading Bulgarian oil companies Lukoil (...)

The Danish Competition Authority considers that agreement between service providers on their subscription price for service on natural gas boilers is anticompetitive (HMN)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: The Danish Competition Council finds that agreement between service providers on their subscription price for service on natural gas boilers is illegal.* On November 30 2016, The Danish Competition Council (“DCC”) found that HMN Naturgas I/S (“HMN”), DEBRA – Energibranchen (“DEBRA”), (...)

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

The Ukrainian Competition Authority issues a €7 million fine on seven alleged road fuel cartelists (Fuel Cartel)
Asters (Kiev)
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Asters (Kiev)
Antimonopoly Committee of Ukraine - What is behind EUR 7 million fine on seven alleged road fuel cartelists?* On 28 October 2016, the Antimonopoly Committee of Ukraine (AMC) fined seven companies, including Shell and SOCAR, a total of approx. EUR 7 million for alleged concerted practices. The (...)

The US Court of Appeal for the Sixth Circuit reaffirms necessity for recoupment in predatory pricing complaints (Energy Conversion)
Cleary Gottlieb Steen & Hamilton (Rome)
Sixth Circuit dismisses a predatory pricing complaint in the solar panel industry* On 18 August 2016 the United States Court of Appeals for the Sixth Circuit, dismissed a predatory pricing complaint filed by Energy Conversion, a solar panel manufacturer based in the United States, against (...)

The French Competition Authority fines suppliers and distributors of liquid fuel heating units for concluding horizontal and vertical anticompetitive agreements (PVG / Ligne Plus)
French Competition Authority (Paris)
Liquid fuel backup heating units* The Autorité de la concurrence fines both PVG and Ligne Plus suppliers for anticompetitive agreement on wholesale prices and sharing of customer base (horizontal agreement). Besides, both suppliers are fined for having set distributors’ resale prices to the (...)

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 Australian Competition Authority concludes inquiry into gas industry and issues recommendations for the national gas markets, including new test for market power
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Melbourne)
Gas producers and pipeline operators have had to operate in an industry undergoing substantial change in recent years. In relation to gas transportation, the Australian Competition and Consumer Commission (ACCC) found that most transportation pipeline operators have responded in a dynamic way (...)

The Australian Competition Authority concludes inquiry into gas industry and recommends increasing sources of supply and improving transparency
Jones Day (Melbourne)
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Herbert Smith Freehills (Sydney)
The Australian Competition and Consumer Comission (ACCC) found that the future east coast gas supply outlook was uncertain and made a number of recommendations to facilitate new gas supply (such as no blanket moratoria) and improve transparency in relation to reserves, resources and pricing (...)

The Romanian High Court of Cassation confirms the infringement of competition law by a manufacturer of oil and gas during cartel participation (OMV Petrom)
Romanian Competition Council (Bucharest)
The Competition Council has irrevocably won the trial with OMV PETROM Marketing* The High Court of Cassation and Justice confirmed irrevocably the infringement of the Competition Law by OMV PETROM MARKETING (at the date of infringement called OMV) by participation in a cartel besides other (...)

The Indian Competition Appellate Tribunal asks the Competition Authority to reconsider big-rigging fines issued against 47 manufacturers (ECP / SKN / IOCL India Oil)
Vaish Associates Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) directs Competition Commission of India (CCI) to reconsider penalties imposed on LPG manufacturers* COMPAT by its order dated March 1, 2016 has directed CCI to reconsider penalties imposed on the 47 LPG manufactures for bigrigging in procurement of 14.2 (...)

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

The EU Court of Justice overturns the General Court’s judgement reducing a fine imposed on companies engaged in a cartel behaviour on the basis that it exceeded its jurisdiction by considering facts not previously introduced (Galp)
McDermott Will & Emery (Paris)
EU COURT OF JUSTICE REDUCES CARTEL FINE: GENERAL COURT OF THE EU EXCEEDED ITS JURISDICTION* The Court of Justice of the European Union (Court),the EU’s highest court, recently issued a judgment in case C-603/13 P, Galp Energía España SA and others v Commission, reducing the fine imposed on (...)

The EU General Court upholds a €131 million fine imposed by the Commission on two undertakings for participating in a cartel in the gas insulated switchgear market (GIS cartel)
United Kingdom’s Competition Authority - CMA (London)
THE GENERAL COURT OF THE EU UPHOLDS CARTEL FINES OF €131M IMPOSED ON TOSHIBA AND MITSUBISHI ELECTRIC, DISMISSES ARGUMENTS BASED ON PRINCIPLE OF EQUAL TREATMENT* By two judgments of January 19, 2016 (Case T-404/12 Toshiba v. Commission and Case T-409/12 Mitsubishi Electric v. Commission), the (...)

The Romanian Competition Authority fines three fuels wholesale companies for implementing anticompetitive agreements (Tinmar / Planoil)
Romanian Competition Council (Bucharest)
The Competition Council has sanctioned three fuels wholesale companies* The Competition Council has sanctioned with fines amounting 16.907.202 lei (approx.3,7 million Euro) three fuels wholesale companies for concluding anticompetitive agreements. The sanctioned companies are the following: (...)

The Romanian Competition Authority fines electricity suppliers for anticompetitive agreements in the electricity producing and trading markets (Hidroelectrica)
Romanian Competition Council (Bucharest)
The Competition Council has sanctioned Hidroelectrica SA and its 10 contractual partners with fines amounting 165,843,604 lei* The Competition Council has sanctioned Hidroelectrica SA and its 10 contractual partners, mainly electricity traders, with fines amounting 165,843,604 lei (approx. (...)

The Hellenic Competition Authority accepts commitments from petrol product suppliers regarding long term exclusive cooperation agreements with petrol stations (BP Hellas / Shell Hellas)
Ernst & Young (Athens)
By its decision No. 602/11.08.2015, the Hellenic Competition Commission (the “HCC”) unanimously accepted the commitments offered by nine (9) petrol product suppliers, to cease presumed violations of Art. 1 L. 703/77 and Art. 101 TFEU. This decision (the “HCC decision”), which was the first HCC case (...)

The Hellenic Competition Authority accepts commitments proposed by nine fuel trading companies to address competition concerns in the retail fuel market (EKO)
Hellenic Competition Authority (Athens)
HCC has accepted commitments proposed by 9 fuel trading companies to address competition concerns in the retail fuel market* By a unanimous decision, the Hellenic Competition Commission (HCC) accepted commitments proposed by 9 wholesale fuel companies, namely “HELLENIC FUELS S.A” (former BP (...)

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

The Russian Competition Authority fines once again an electricity provider for failure to submit information (Vostok)
Russian Federal Antimonopoly Service (Moscow)
“Vostok” Ltd. is fined again for failure to submit information* The Federal Antimonopoly Service (FAS Russia) imposed an administrative fine upon the General Director of “Vostok” Ltd. (Kyzyl, the Republic of Tyva) for failure to submit information to the federal antimonopoly body (breaching Part 5 (...)

The Romanian High Court of Cassation and Justice upholds irrevocably the sanctions pronounced by the Romanian Competition Authority against two undertakings for bid rigging (Condmag / Inspet)
Romanian Competition Council (Bucharest)
The High Court of Cassation and Justice has confirmed irevocably the sanctions aplied by the Romanian Competition Council to CONDMAG and INSPET companies* The High Court of Cassation and Justice has confirmed irevocably the sanctions aplied by the Romanian Competition Council in 2012 to (...)

The Düsseldorf Higher Regional Court upholds that remuneration system applied in the "Irsching contracts" between two electricity providers violates competition law (E.ON / TenneT)
German Competition Authority (Bonn)
Düsseldorf Higher Regional Court confirms that the remuneration system applied in the "Irsching contracts" is in violation of competition law* In its decision of 28. April 2015 (see Press Release of the Düsseldorf Higher Regional Court of 28 April 2015) the Düsseldorf Higher Regional Court (...)

The Pakistani Competition Authority issues an opinion concerning public procurement of electric power equipment
Competition Commission of Pakistan (Islamabad)
CCP issues opinion to address competition concerns in public procurement of electric power equipment* The Competition Commission of Pakistan (CCP) has issued an Opinion under Section 29 of the Competition Act, 2010 containing its recommendations in the matter of procurement of electrical (...)

The Spanish Competition Authority fines various petrol product operator for anti-competitive agreements (Repsol / CEPSA / BP)
European Commission (Brussels)
CNMC Fines Various Petrol Product Operators a Total of € 32 400 000 for Anti-competitive Agreements* On 24 February 2015, the Comisión Nacional de los Mercados y la Competencia (CNMC) sanctioned Repsol S.A., Disa Corporación Petrolifera S.A., Meroil S.A., Galp Energía España S.A., BP España S.A. (...)

The UK Competition Authority issues an updated statement relating to its investigation into the Great Britain energy markets
United Kingdom’s Competition Authority - CMA (London)
The CMA has today published an updated issues statement as part of its investigation into the Great Britain energy markets.* The updated issues statement (PDF, 969KB, 49 pages) summarises the investigation group’s initial thinking based on the evidence it has received, and the analysis it has (...)

The Lithuanian Competition Authority fines a cartel in the energy sector (Lukrida / Envija / Manfula)
European Commission (Brussels)
Competition Council Hits Cartel in Energy Sector* On 11 February 2015, the Competition Council (the Council) found that UAB Lukrida (Lukrida) and UAB Manfula (Manfula), the main market players in the construction of cogeneration power plants in Lithuania, sought to restrict competition in the (...)

The Portuguese Competition Authority fines €9 million for anticompetitive clauses in distribution contracts in the gas bottle market (Galp Energia)
Eduardo Paz Ferreira & Associados (Lisboa)
On 3 February 2015, the Portuguese Competition Authority (PCA) announced that it had imposed fines of 9.29 million EUR on the Galp Energia group for anticompetitive practices in the gas bottle market in Portugal. According to the PCA, Galp and its subsidiaries included in the large majority of (...)

The Portuguese Competition Authority fines €9.29 million three companies operating in the bottled LPG market for restricting passive sales (Galp Energia)
Vieira de Almeida (Lisbon)
In a decision dated February 2015, the Portuguese Competition Authority (PCA) has levied an antitrust fine totalling 9.29 million euros on three companies from Galp Energia Group (Portugal’s largest oil and gas operator) for using absolute territorial protection clauses regarding its (...)

The Romanian Competition Authority fines four undertakings for bid-rigging in the oil and gas drilling works market (Dafora / Foraj / Upetrom 1 Mai)
Romanian Competition Council (Bucharest)
The Competition Council has sanctioned four companies for rigging the auctions organized by ROMGAZ* The Competition Council has sanctioned with fines totalling 12,968,298 lei (approximately EUR 2.89million) four companies for rigging the auctions organized by SNGN ROMGAZ S.A. The sanctioned (...)

The EU Court of Justice provides further guidance on long-term exclusive purchase and non-compete obligations (Estación de Servicio Pozuelo / Galp Energía España)
Van Bael & Bellis (Brussels)
On 4 December 2014, the European Court of Justice (the “ECJ”) issued an order addressing two preliminary questions from the Spanish Supreme Court concerning an exclusive purchase obligation, which presumably prevented the party bound by the exclusivity from purchasing the products of competing (...)

The EU General Court annuls a Commission decision in a power transformer cartel case (Alstom)
Van Bael & Bellis (Brussels)
On 27 November 2014, the General Court (“GC”) handed down two separate judgments on the appeals by Alstom and its former subsidiary Areva T&D SA (“Areva”; currently Alstom Grid SAS) against the Commission’s decision in the power transformers cartel case. The GC annulled the decision in so far as (...)

The EU General Court annuls a Commission decision on account of the lack of motivation in the response to the arguments brought forward by a parent company to rebut the capitalistic presumption (Alstom)
Ramón y Cajal (Madrid)
Background information The ruling of the General Court of 27 November 2014 has annulled the Commission decision in the Case COMP/39.129 - Power Transformers of 7 October 2009 (the “Decision”) in which the Commission imposed a €16.5 million fine on Alstom of which Areva T&D is jointly and (...)

The EU General Court upholds €2.5 million fine for IT irregularities during dawn raid (EPH / EPIA)
Simmons & Simmons (London)
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Simmons & Simmons (London)
On 26 November 2014, the General Court upheld a fine imposed on two Czech companies in the energy sector for obstructing access to electronic documents during a European Commission inspection. The General Court decision is significant because it provides further guidance on the European (...)

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

The US FTC settles charges of indirect price-fixing (Blue Rhino / AmeriGas)
Weil, Gotshal & Manges (New York)
Blue Rhino and AmeriGas Agree to Settle FTC Claims of Propane Tank Price-Fixing* On October 31, 2014, the Federal Trade Commission (“FTC” ) agreed to a settlement with Blue Rhino and AmeriGas Cylinder Exchange, the two leading suppliers of propane exchange tanks, regarding FTC charges that the (...)

The French Civil Supreme Court requests justification on how belonging to a group may be considered an aggravating factor in setting antitrust fines (Allez)
Frieh Associés (Paris)
,
Fidal (Paris)
On 21 October 2014, the French Civil Supreme Court issued a decision regarding bid rigging in the public contract sector. Following an investigation of the Directorate-General for Competition, Consumption and the Fight against Fraud, the French Competition Authority found ten undertakings (...)

The US Court of Appeals for the Second Circuit denies Government’s en banc petition in Munibonds Statute of Limitations Case and confirms the limitation of the payment theory (Grimm)
GeyerGorey (Washington)
Second Circuit Denies Government’s En Banc Petition in Munibonds Statute of Limitations Case* In its first Munibonds trial in 2012, the Antitrust Division convicted three former General Electric executives for rigging bids to suppress interest rates paid to municipalities on funds they raised (...)

The EU General Court reduces fines for three groups in candle wax cartel case (Sasol / Esso / ExxonMobil / RWE)
Van Bael & Bellis (Brussels)
On 11 July 2014, the General Court (“GC”) handed down three judgments reducing the fines imposed by the Commission’s decision of 1 October 2008 in the candle wax cartel case following appeals lodged by Sasol, Esso France and ExxonMobil, and RWE AG. On 1 October 2008, the Commission imposed fines (...)

The EU Court of Justice annuls the Commission’s decision regarding the liability of a parent for the infringement of competition law by its subsidiary and by a partially owned joint venture (RWE)
Covington & Burling (Brussels)
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Liège University (Liège)
I. The Parties RWE AG is part of the RWE group with its main activities in the energy supply sector (gas exploration, electricity production, trading, and retail and grid activities). Regarding the activities in the paraffin waxes, RWE group is not currently active on this market due to the (...)

The Russian Competition Authority issues a warning to an undertaking having violated the antimonopoly law (Sakhalin Energy)
Russian Federal Antimonopoly Service (Moscow)
“Sakhalin Energy” was issued an admonition* On 10th July 2014, the Federal Antimonopoly Service (FAS Russia) issued an admonition to “Sakhalin Energy Investment Company Ltd.” (“Sakhalin Energy”) to stop actions that have signs of violating the antimonopoly law. The company avoided concluding a (...)

The German Competition Authority fines €1.89 million an anti-competitive customer allocation agreement concerning services provided for heating surfaces of regenerative heat exchangers used in power plants (Alstom Power Energy Recovery)
German Competition Authority (Bonn)
Bundeskartellamt imposes fine on account of customer allocation agreement concerning services provided for heat exchangers used in power plants* The Bundeskartellamt has imposed a fine of 1.89 million euros on Alstom Power Energy Recovery GmbH on account of an anti-competitive customer (...)

The Italian Competition Authority accepts commitments in a case concerning resale price maintenance by a producer of renewable energy converters (Power-One)
European Commission (Brussels)
Italy: The Italian Competition Authority accepts Commitments in Energy Converters Case* On 2 July 2014, the Italian Competition Authority (ICA) adopted a commitment decision in relation to an alleged violation of Article 101 TFEU by Power-One Italy Spa (Power-One), an Italian undertaking (...)

The South African Competition Authority issues the terms of reference for the liquefied petroleum gas sector
Nortons (Sandton)
Second market inquiry focuses on energy sector (LPG)* “Highly regulated” liquefied petroleum gas at center of second sectoral Commission inquiry According to the South African Competition Commission, the agency has issued “Terms of Reference for the market inquiry into the Liquefied Petroleum (...)

The Romanian Supreme Court of Justice and Cassation upholds Competition Authority’s decision on bid rigging in gas sector (Moldocor / T.M.U.C.B.)
European Commission (Brussels)
Romania: The Romanian Courts uphold Authority’s Decision on Bid Rigging in Gas Sector* In a ruling of June 2014, the Supreme Court of Justice and Cassation (SCJC) confirmed a 2012 decision of the Romanian Competition Council which found that S.C. Moldocor S.A. (Moldocor) had rigged bids in (...)

The Hungarian Competition Authority establishes anti-competitive behaviour consisting in price fixing and market sharing during the tender for a complex measuring of thermal stations (Geoservice)
Hungarian Competition Authority (Budapest)
Fines imposed for restrictive practices* The Hungarian Competition Authority (GVH) established that GEO-LOG Környezetvédelmi és Geofizikai Kft. (GEO-LOG), and “GEOSERVICE” Geofizikai, Geológiai és Kútszelvényező Kft. (GEOSERVICE) had breached competition rules by concluding integrated, complex and (...)

The EU Court of Justice clarifies that the mechanism of joint and several liability cannot be used to force one company to bear the risk of the insolvency of another company where those companies have never formed part of the same undertaking (Areva)
EFTA Surveillance Authority (Brussels)
Joined Cases C-247/11 P and C-253/11 P Areva: Competition fines, parent and subsidiary and joint and several liability* The Court of Justice has handed down three judgments relating to fines imposed on a number of undertakings involved in the gas insulated switchgear cartel. There’s an (...)

The Italian Competition Authority decides to undertake market testing of commitments regarding resale price maintenance in the photovoltaic sector (Photovoltaic Inverter case)
Giannino SI (Monserrato)
In the Photovoltaic Inverter case the Italian Competition Authority (ICA) has opened an Article 101 TFEU investigation into an alleged resale price maintenance agreement (RPM) in the photovoltaic market . Recently, the ICA decided to publish and subject to a market test the set of behavioural (...)

The Australian Federal Court finds restrictive agreements preventing a competitor from entering the market by obtaining direct access to a source of flyash (Cement Australia)
Australian Competition and Consumer Commission (Canberra)
Federal Court declares anticompetitive conduct by Cement Australia* The Federal Court in Brisbane has made declarations in the ACCC v Cement Australia Pty Ltd & Ors matter, finding numerous contraventions of section 45 of the then Trade Practices Act 1974, now the Competition and Consumer (...)

The EU General Court rules on an appeal by Spanish petrol station associations against a Commission’s decision rejecting their complaint alleging anticompetitive practices (CEEES / AGES)
Grisay – Lawyers and consultants (Brussels)
I. Facts The Confederación Española de Empresarios de Estaciones de Servicio (hereafter “CEEES” ) and the Asociación de Gestores of Estaciones de Servicio (hereafter “AGES” ) claimed the annulment of a Decision of the Commission of 28 April 2013 (hereafter “the contested decision”) rejecting their (...)

The Dutch Supreme Court confirms that extending the nullity coming from an exclusive purchase clause to the entirety of an agreement would lead to undertakings in the filling station sectors to lose all of their rights under the exploitation agreement (BP / Benschop)
Maastricht University
Case summary An exploitation agreement for a filling station contained an exclusive purchase clause which infringed Article 6 Dutch Competition Act, the national equivalent of Article 101 TFEU. The Court of Appeal decided that only the exclusive purchase clause was void; the voidness did not (...)

The Australian Competition Authority proposes to authorise collective bargaining arrangements advanced by a number of specific suppliers of wagering services, energy services and insurance (Clubs Australia)
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to authorise Clubs Australia’s collective bargaining arrangements* The Australian Competition and Consumer Commission proposes to authorise collective bargaining arrangements put forward by Clubs Australia for five years. Clubs Australia, representing 6,500 licensed clubs across (...)

The Australian Competition Authority publishes report on the prices, costs and profits of unleaded petrol
Australian Competition and Consumer Commission (Canberra)
ACCC Petrol Report shows prices still high despite global weakness* The Australian Competition and Consumer Commission has released its 2013 report on the prices, costs and profits of unleaded petrol in Australia. “The report shows that international prices and domestic fuel taxes are the key (...)

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