Excessive prices

Foreword Excessive Prices: An overview of EU and national case law

One fundamental difference between the European and American approaches to unilateral conduct relates to the treatment of exploitative conduct, including excessive prices. While the mere charging of monopoly prices is not unlawful under US antitrust law, which recognizes high prices as an important element of the free-market system that rewards innovation, exploitative practices by a dominant company are in principle considered abusive under EU law, even if the exploitative conduct is not accompanied by other anticompetitive practices.

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Charles River Associates International (CRA) (Brussels)
Belgium 19 contributions 31064 visits

General antitrust

 The Swedish Competition Authority opens an investigation on the state of competition in the food industry following the rise of national food prices
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9937 visits
The Swedish Competition Authority can see a risk for inadequate competition and unjustified price increases in the food industry* Can the high food prices in Sweden be attributed to inadequate competition in the food industry? What do the conditions for competition look like at different (...)

The Irish Competition Authority conducts high-level analysis of the national grocery sector
Irish Competition Authority (Dublin)
Ireland 102 contributions 16147 visits
CCPC conducts high-level analysis of the Irish Grocery Retail Sector* In June 2023, the Irish Competition Authority (CCPC) conducted a rapid and high-level analysis of the grocery sector in Ireland using publicly available data. This analysis was completed following a request on 26 May 2023 (...)

The Hungarian Competition Authority and the Hungarian Ministry of Economic Development plan to create an online price monitoring database
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19105 visits
JOINT COMMUNICATION OF THE HUNGARIAN COMPETITION AUTHORITY AND THE MINISTRY OF ECONOMIC DEVELOPMENT* The Ministry supports the proposal of the Hungarian Competition Authority to create an online price monitoring database 23 March 2023, Budapest - Based on the experience of the ongoing (...)

The German Competition Authority publishes the report on its sector inquiry into the collection of domestic waste
German Competition Authority (Bonn)
Germany 447 contributions 113759 visits
Decreasing competition in the collection and transport of domestic waste* The Bundeskartellamt has today published the report on its sector inquiry into the collection of domestic waste. The sector inquiry dealt with the collection and transport (1.) of packaging waste from private (...)

The Hungarian Competition Authority publishes a report summarizing the results of its inquiry on the brick market
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19105 visits
The sector inquiry on the brick market of the Hungarian Competition Authority has been concluded* The Hungarian Competition Authority (GVH) launched an accelerated sector inquiry at the end of July in order to reveal the processes of the domestic market of ceramic masonry elements. Following (...)

The Hungarian Competition Authority publishes a draft of its report on the accelerated sector inquiry it conducted on the domestic brick market
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19105 visits
Accelerated sector inquiry on the brick market: market concentration, significant differences in distibutors’ prices* The Hungarian Competition Authority (GVH) has published the draft of its report on the accelerated sector inquiry it has conducted on the domestic market of ceramic masonry (...)

The Danish Competition Authority publishes a report on the nature of competition in the digital platforms’ market
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35900 visits
The Danish Competition and Consumer Authority publishes report on the nature of competition in markets with digital platforms* As still more of our economy and social activities move online, digital platforms – and competition in the markets on which these digital platforms operate – play an (...)

Anticompetitive practices

 The US FTC files a complaint to challenge a private equity firm’s scheme to suppress competition in anesthesiology practices across Texas (USAP / Welsh, Carson, Anderson & Stowe) New
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40304 visits
FTC Challenges Private Equity Firm’s Scheme to Suppress Competition in Anesthesiology Practices Across Texas* U.S. Anesthesia Partners, Welsh Carson engaged in decade-long anticompetitive acquisition spree to suppress competition and unfairly drive-up prices for anesthesiology services The (...)

The UK Competition Appeal Tribunal dismisses appeals against the Competition Authority’s findings of abuse of dominance relating to excessive pricing investigation concerning liothyronine tablets market (Advanz Pharma / Hg Capital / Cinven)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71743 visits
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Herbert Smith Freehills (Brussels)
Belgium 21 contributions 6826 visits
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Herbert Smith Freehills (London)
United Kingdom 3 contributions 1899 visits
The UK Competition Appeal Tribunal has dismissed appeals against the CMA’s finding of abuse of dominance relating to excessive pricing of liothyronine tablets. The judgment provides further detail on the application of the excessive pricing test, and follows the Court of Appeal’s approach in (...)

The Israeli Competition Authority welcomes the Competition Tribunal’s consent decree to fine a foreign pharmaceutical company for failing to comply with a request for information during an infringement investigation (Leadiant Biosciences)
Israel Competition Authority (Jerusalem)
Israel 17 contributions 2111 visits
A foreign company that refused to comply with a demand for Information will pay 110,000 ILS under a consent decree approved by the Competition Tribunal* On June 21, 2023, the Competition Tribunal (Hon. J. Tamar Bazak-Rapoport) approved a consent decree between the Director General of the (...)

The Slovak Competition Authority initiates an administrative proceeding regarding abuse of dominance allegations against a bus station operator
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5565 visits
ABUSE OF DOMINANT POSITION: AMO SR initiated an administrative proceeding in connection with using a bus station in Žilina region* AMO SR initiated the administrative proceeding in the matter of possible abuse of dominant position. On 24 February 2023 the Antimonopoly Office of the Slovak (...)

The Dutch Competition Authority concludes that higher energy prices paid by consumers are not unreasonable and are not a result of anticompetitive conduct but instead due to turbulence in the energy markets (Eneco / Essent / Vattenfall)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35095 visits
ACM: the tariffs of the three largest energy suppliers are not unreasonable* An investigation conducted by the Netherlands Authority of Consumers and Markets (ACM) has shown that energy suppliers Eneco, Essent, and Vattenfall currently do not charge unreasonable tariffs. The profits earned (...)

The Czech Competition Authority opens investigation into the entire vertical chain of food products to determine whether the increase in the price of food is due to anticompetitive practices
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6296 visits
THE OFFICE STARTS A PROBE INTO THE ENTIRE VERTICAL CHAIN FOR SEVERAL FOOD PRODUCTS IN TERMS OF PRICE INCREASE* The Office for the Protection of Competition (hereinafter referred to as “the Office”) is going to investigate which part of the supplier and customer chain is responsible for the (...)

The UK Competition Appeal Tribunal issues an opt-out certification decision in a class action filed against a Big Tech company (Liz Coll / Google)
Hausfeld (London)
United Kingdom 20 contributions 5169 visits
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Hausfeld (London)
United Kingdom 4 contributions 1967 visits
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Hausfeld (London)
United Kingdom 1 contribution 1459 visits
On 31 August 2022, the Competition Appeal Tribunal released its judgment in Elizabeth Helen Coll v Alphabet Inc. and Others [2022] CAT 39, which confirms that consumer champion Liz Coll is authorised to bring an opt-out collective claim against Google for alleged competition law infringements (...)

The UK Competition Authority publishes its decision to fine manufacturers of Hydrocortisone tablets £260 million for excessive pricing relying on a "Cost+" model (Auden Mckenzie / Actavis)
Baker McKenzie (London)
United Kingdom 7 contributions 21403 visits
The CMA’s full text decision in the long-running Hydrocortisone case, originally initiated in 2016 and in which the CMA imposed record fines, is now published and it shows a slight rethink of the CMA’s approach to excessive pricing in the pharma sector. The definition of excessive pricing as (...)

The Italian Competition Authority fines ferry operator €3.7 million for excessive pricing (Caronte & Tourist)
Italian Competition Authority (Rome)
Italy 69 contributions 18403 visits
The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for having charged excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”). I. The investigation In July 2020, the (...)

The Hellenic Competition Authority imposes a fine of €271,385.11 on a pasteurized cow milk company for abuse of dominance and excessive pricing (Charalambides-Christis)
Hellenic Competition Commission (Athens)
Greece 127 contributions 17265 visits
The Commission for the Protection of Competition imposed a fine on Charalambides-Christis Ltd amounting to €271,385.11 for infringements of article 6(1)(a) of the Protection of Competition Laws and corresponding article 102(a) of the Treaty on the Functioning of the European Union* The (...)

The UK Competition Authority fines multiple pharmaceutical companies over £35 million for conducting agreements in the supply of important National Health Service prescription anti-nausea tablets (Alliance Pharmaceuticals / Focus / Lexon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA fines firms over £35m for illegal arrangement for NHS drug* The CMA has fined firms over £35 million for an illegal arrangement in the supply of important NHS prescription anti-nausea tablets. CMA fines firms in relation to an arrangement under which a competitor was paid not to launch a (...)

The EU General Court affirms EU Commission’s decision to accept ’light-touch’ commitments from a Russian gas exporter to avoid a fine for anticompetitive behaviour and reverses another Commission decision with similar facts because the rationale was inadequate (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 14033 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 7619 visits
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Toyota (Brussels)
Belgium 38 contributions 8132 visits
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Gazprom: General Court confirms Commission’s commitment decision but annuls a decision based on similar grounds to reject a complaint against Gazprom On 2 February 2022, the General Court of the European Union (the “Court”) issued two judgments which follow the European Commission’s (the (...)

The Australian Competition Authority investigates allegations of excessive pricing and selling practices relating to rapid antigen tests for COVID-19
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82477 visits
Update on action on rapid antigen test pricing* The ACCC is continuing to receive a high number of consumer reports about pricing and selling practices relating to rapid antigen tests in Australia and is investigating several potential Australian Consumer Law breaches. The ACCC has (...)

The German Competition Authority rejects a sustainability agreement in the milk sector as it raises competition concerns
Cleary Gottlieb Steen & Hamilton (Cologne)
Belgium 4 contributions 867 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 3 contributions 801 visits
On January 18, 2022, the German Federal Cartel Office (“FCO”) published a press release of its review of two sustainability initiatives (see our blog post here). Only a week later, on January 25, 2022, the FCO provided further guidance for the implementation of sustainability initiatives under (...)

The Australian Competition Authority issues a statement declaring that it is closely monitoring the pricing of rapid antigen tests
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82477 visits
Media Statement on pricing of rapid antigen tests* The ACCC is aware of the significant public concern about the pricing of rapid antigen tests and is contacting suppliers and monitoring the situation very closely. The ACCC will be examining claims that the current pricing levels of rapid (...)

The Hungarian Competition Authority launches accelerated sector inquiry into the market of COVID-19 rapid tests
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19105 visits
Accelerated sector inquiry into the market of coronavirus rapid tests* 23 December 2021, Budapest – The Hungarian Competition Authority (GVH) has launched an accelerated sector inquiry into the domestic market for SARS-CoV-2 antibody detection tests since it is likely that the retail price (...)

The New Caledonian Competition Authority concludes an investigation into competition in the market for funeral services and offers 15 recommendations to address its concerns
New Caledonia Competition Authority (Noumea)
New Caledonia 26 contributions 2906 visits
In Opinion No. 2021-A-04 of December 20, 2021, the Authority responds to the government’s request for an opinion on the commercial practices inherent in the funeral directors sector in New Caledonia.* The examination of this sectoral opinion request was carried out during the second half of (...)

The Cypriot Administrative Court upholds the Competition Authority’s fine imposed on the national telecommunications authority for setting unfair prices (Cyprus Telecommunications Authority)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8456 visits
The Administrative Court has upheld the decision of the Commission for the Protection of Competition and the fine imposed on the Cyprus Telecommunications Authority for infringements of the Protection of Competition Law of 2008 * The Administrative Court of the Republic of Cyprus has, by its (...)

The Russian Supreme Court supports the Competition Authority’s complaint against rulings which declared illegal the Authority’s decision to bring a telecommunications operator to administrative responsibility for non-compliance with its instructions (Tele2)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55739 visits
The Supreme Court supported the position of the FAS Russia on the Statute of Limitations for failure to comply with the regulations of the service* The time limit is one year On October 6, 2021, the Supreme Court of the Russian Federation upheld the complaint of the FAS Russia against (...)

The Mexican Competition Authority sanctions several companies, as well as nine natural persons who acted on their behalf, for colluding in the market of baby diapers, female sanitary products, and incontinence (Essity México / Kimberly Clark de México / Productos Internacionales)
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26200 visits
COFECE sanctions several companies and natural persons for colluding in the market for baby diapers, products for feminine sanitary protection and incontinence* The economic agents that produce and commercialize these products in the wholesale markets colluded to manipulate sale prices for (...)

The UK Competition Authority fines two pharmaceutical companies £260 million for excessive pricing on hydrocortisone tablets (Auden Mckenzie / Actavis)
Toyota (Brussels)
Belgium 38 contributions 8132 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
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Van Bael & Bellis (Brussels)
Belgium 23 contributions 24335 visits
On 31 March 2022, the CMA published one of its longest decisions (1077 pages), in which it imposed fines of £155 million on Accord-UK (previously Auden McKenzie/Actavis) for excessive price increases on hydrocortisone tablets after they were de-branded and fell outside the UK NHS price (...)

The UK Competition Authority imposes fines totalling £260 million on two drug companies for overcharging the National Health Service (Auden Mckenzie / Actavis)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA finds drug companies overcharged NHS* The CMA has imposed fines totalling over £260 million for competition law breaches in relation to the supply of hydrocortisone tablets. Prices of life-saving hydrocortisone tablets rose by over 10,000%. Pharma firms bought off potential rivals to (...)

The UK Competition Authority imposes fines on hydrocortisone tablet suppliers for charging excessive and unfair prices and for paying potential rivals to remain out of the market (Auden Mckenzie / Actavis)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
,
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7629 visits
,
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52686 visits
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On 15 July 2021, the UK Competition and Markets Authority (“CMA”) imposed fines of more than GBP 260 million on the hydrocortisone tablet suppliers, Auden Mckenzie and Actavis (now named Accord-UK) for charging excessive and unfair prices and for paying potential rivals to remain out of the (...)

The UK Competition Authority imposes a fine of £260M on hydrocortisone suppliers for charging excessive and unfair prices to the National Health Service (Auden Mckenzie / Actavis)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7629 visits
,
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
,
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52686 visits
On 15 July 2021, the CMA imposed fines of more than £260 million on the hydrocortisone tablet suppliers, Auden Mckenzie and Actavis (now named Accord-UK), for charging excessive and unfair prices and for paying potential rivals to remain out of the market (see CMA Press Release). CMA Chief (...)

The Kenyan Competition Authority investigates suspected cartel practices in the paint manufacturing sector (Crown Paints / Basco Products / Kansai Plascon / Galaxy Paints)
Primerio (Washington)
United States 47 contributions 10429 visits
Single Brush Stroke Stops Paints Cartel in its Tracks* Upon receiving allegations, in 2018, of cartel-like practices among paint manufacturers and undisclosed distributors, the Competition Authority of Kenya (CAK) launched an investigation into the companies suspected of breaching (...)

The Hong Kong Competition Authority issues infringement notices to six hotel groups and a tour operator for facilitating cartel conduct (Gray Line / Tink Labs)
Ashurst (Singapore)
Singapore 14 contributions 16255 visits
On 26 January 2021, Hong Kong’s Competition Commission (HKCC) issued infringement notices to six hotel groups and a tour operator for facilitating a cartel arrangement between two competing travel service providers, which fixed the prices of tourist attractions and transportation tickets in (...)

The Czech Competition Authority fines a national sports equipment distributor for dictating prices to sellers (Abistore)
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6296 visits
The fine imposed on abistore confirmed, the distributor of sports equipment dictated prices to sellers* The Chairman of the Office for the Protection of Competition Petr Mlsna confirmed the imposition of the fine of CZK 1,851,000 on the undertaking ABISTORE SPORT, s. r. o. (hereafter (...)

The Dutch Competition Authority concludes a study on sponsored internet ranking and its effects on competition and consumer welfare
Loyens & Loeff (Amsterdam)
Netherlands 7 contributions 572 visits
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Loyens & Loeff (Amsterdam)
Netherlands 7 contributions 572 visits
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CMS Derks Star Busmann (Amsterdam)
Netherlands 2 contributions 217 visits
Dutch Authority for Consumers & Markets investigates sponsored rankings* On 2 February 2021, the Netherlands Authority for Competition & Markets (the ‘ACM’) published a study on sponsored internet ranking and its effects on competition and consumer welfare. Sponsored ranking means (...)

The Romanian Competition Authority fines nine companies for price fixing on the market for agricultural equipment (Claas Global Sales / Amazonen-Werke H. Dreyer / Claas Regional Center South East Europe...)
Van Bael & Bellis (Brussels)
Belgium 15 contributions 2995 visits
On 7 January 2021, the Romanian Competition Council (“RCC”) imposed fines totalling € 26.5 million on nine companies for fixing the prices of agricultural machinery and equipment between 2014 and 2018. The companies involved in the infringement were Claas Global Sales, Amazonen-Werke H. (...)

The German Competition Authority fines five aluminium forging companies and ten employees responsible for engaging in illegal anti-competitive agreements (Otto Fuchs / Leiber / Emmingen-Liptingen..)
German Competition Authority (Bonn)
Germany 447 contributions 113759 visits
Bundeskartellamt - Cartel Prosecution* Fines imposed on aluminium forging companies on account of anti-competitive agreements Bonn, 23 December 2020: The Bundeskartellamt has imposed fines totalling approximately 175 million euros on five aluminium forging companies and ten employees (...)

The German Competition Authority fines five aluminium forging companies and ten responsible individuals for price fixing (Otto Fuchs / Leiber / Emmingen-Liptingen)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 3990 visits
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 4821 visits
On 23 December 2020, the German Federal Cartel Office (“FCO”) announced that it had fined five aluminium forging companies and ten responsible individuals a total amount of approximately € 175 million for price fixing between April 2006 and April 2018. Automotive and motorcycle manufacturers (...)

The Polish Competition Authority fines a music manufacturer for setting minimum online resale prices (Yamaha Music Europe)
Van Bael & Bellis (Brussels)
Belgium 1 contribution 113 visits
According to a press release of 5 November 2020, the Polish Office of Competition and Consumer Protection (the “UOKIK”) imposed a fine of PLN 511,806.92 (approximately € 114,000) on musical equipment manufacturer Yamaha for setting minimum prices at which its products could be sold by (...)

The Hellenic Competition Authority launches an investigation on health and hospital equipment during the COVID-19 pandemic
Hellenic Competition Commission (Athens)
Greece 127 contributions 17265 visits
The interim results of HCC’s investigations on health and hospital equipment during covid-19 pandemic* Subject: Investigation by the Hellenic Competition Commission in the markets of a) healthcare materials, b) other appropriate means of individual or collective protection against the spread (...)

The EU Commission starts a market test inviting comments from interested parties on commitments offered by a pharmaceutical company that had abused its dominant position (Aspen)
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3605 visits
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Linklaters (London)
United Kingdom 34 contributions 3101 visits
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Zepos & Yannopoulos (Athens)
Greece 29 contributions 2428 visits
On 14 July 2020 the European Commission started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings. The Commission had opened an investigation in May 2017 over concerns that Aspen had abused its dominant position in a range of national (...)

The Guernsey Competition Authority provisionally finds that a medical specialist imposed excessively broad restraints of trade restrictions on its ex-consultants (Medical Specialist Group)
Guernsey Competition Authority (St. Peter Port)
Guernsey 2 contributions 113 visits
Competition Authority issues case against Medical Specialist Group* The Guernsey Competition and Regulatory Authority (GCRA) has provisionally found that the Medical Specialist Group (MSG) has broken Guernsey competition law by imposing excessively broad restraint of trade restrictions on (...)

The South African Government issues six regulations amending the national Competition Act aimed at combatting the COVID-19 pandemic
Herbert Smith Freehills (Johannesburg)
South Africa 2 contributions 1708 visits
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Herbert Smith Freehills (Johannesburg)
South Africa 2 contributions 1023 visits
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Herbert Smith Freehills (Johannesburg)
South Africa 1 contribution 1004 visits
Following the declaration of a national state of disaster in terms of the Disaster Management Act No. 57 of 2002 (as amended), the concerning escalation in the number of confirmed COVID-19 infections in South Africa prompted the National Coronavirus Command Council to enforce a nationwide (...)

The US Washington State Attorney General announces a price gouging investigation in the wake of COVID-19 public health emergency
Office of the Washington State Attorney General (Olympia)
United States 1 contribution 218 visits
AG FERGUSON STATEMENT ON PRICE GOUGING IN PUBLIC-HEALTH EMERGENCY* SEATTLE — Attorney General Bob Ferguson offers the following statement: “My office is investigating price gouging in the wake of the COVID-19 public health emergency. We do not identify the targets of our investigations, (...)

The Californian Attorney General, as well as other national jurisdictions’ Attorneys General, announce their intent to take action against unfair "price gouging" and the US DoJ focuses on public health products during the COVID-19 pandemic
Paul Weiss (New York)
United States 1 contribution 399 visits
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Paul Weiss (New York)
United States 6 contributions 19033 visits
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US Department of Justice (Washington)
United States 4 contributions 2076 visits
State AGs Respond to COVID-19-Related “Price Gouging” and DOJ Antitrust Enforcement to Focus on Public Health Products* The outbreak and continued spread of a new strain of coronavirus, COVID-19, has led to surging demand for, and in some cases shortages in the supply of, a wide variety of (...)

The UK Court of Appeal slashes a cartel follow-on damages award and emphasises claimants’ burden to prove losses in a claim brought by power cable manufacturers for market-sharing and customer allocating (BritNed / ABB)
Ashurst (London)
United Kingdom 7 contributions 1346 visits
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Ashurst (London)
United Kingdom 14 contributions 2463 visits
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Ashurst (London)
United Kingdom 1 contribution 86 visits
BritNed Development Limited ("BritNed") brought a claim against ABB arising from the European Commission’s 2014 power cables cartel decision. In October 2018, the High Court found that there had been no overcharge but awarded damages for "baked-in inefficiencies" and "cartel savings" plus (...)

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)
University of Buckingham
United Kingdom 4 contributions 2012 visits
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 (...)

The Spanish Commercial Court no. 07 of Barcelona rules that a truck manufacturer and its distributor are jointly liable for the damage caused in accordance with the old regime of the Civil Code and the new regime (Trucks Cartel / CNH Industrial)
Clifford Chance (Madrid)
Spain 11 contributions 253 visits
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Pérez-Llorca (Barcelona)
10 contributions 235 visits
Brief summary of facts The claimant argued that, because of the cartel of truck manufacturers, the price paid to the defendant for a truck was higher than it should have been. He calculated that this surplus was 20% of the acquisition price. Brief summary of judgment The action was filed (...)

The Indian Competition Authority finds no violation in a cinema chain exclusively selling one beverage producer’s products (Inox / Coca-Cola)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42166 visites
CCI holds no violation in exclusive selling beverages of Coca-Cola by INOX Theatres at higher rates than the retail price* The Competition Commission of India (“CCI/ Commission”) by way of order dated 28.02.2019 exonerated INOX Leisure Ltd (“INOX”) and Hindustan Coca-Cola Beverages Private (...)

The UK High Court of Justice rejects econometrics analysis in a cartel damages case for being too complex (BritNed / ABB)
University of Buckingham
United Kingdom 4 contributions 2012 visits
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”. (...)

The UK High Court of Justice rejects methodology for estimating overcharges on cables based on economic evidence (BritNed / ABB)
The Brattle Group (London)
United Kingdom 2 contributions 687 visits
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 Competition Authority extends its timetable of investigations on anti-competitive practices in the pharmaceutical sector
MemeryCrystal (London)
United States 12 contributions 2975 visits
UK COMPETITION & MARKETS AUTHORITY PROVIDES UPDATES ON ITS PHARMACEUTICAL SECTOR INVESTIGATIONS* On 12th July 2018 Competition and Markets Authority (CMA) announced it was extending its timetable in relation to a number of its ongoing investigations involving anti-competitive practices (...)

The US Court of Appeals for the Third Circuit affirms that a food manufacturer is in a direct purchaser relationship and can claim damages for anticompetitive practices from an egg producer’s third party supplier
Hogan Lovells (Washington)
United States 9 contributions 1015 visits
Brief summary of facts Claimant food manufacturers alleged that defendant egg producers conspired to reduce the population of egg-laying hens, resulting in supracompetitive pricing in the market for shell eggs and egg products. Defendants argued that a portion of the total amount of egg (...)

The Russian Competition Authority opens a proceeding against a cartel that used auction robots in the medical sector (Egmed)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55739 visits
Case against a cartel that used auction robots* FAS opened a case upon signs of “digital” collusion at medical auctions FAS suspects that bidders at procurement for supplies of expendables for coronary angiography and stenting, “VALERIA” Ltd. and “Egmed” Ltd. used special software, tuned (...)

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)
Hogan Lovells (Washington)
United States 9 contributions 1015 visits
Brief summary of facts Valspar sued DuPont for conspiring to fix prices for titanium dioxide in violation of the Sherman Act. Valspar – a purchaser of titanium dioxide – alleged that the conspiracy resulted in supracompetitive prices and sued to recover US$176 million that Valspar claimed it (...)

The Chinese NDRC proposes new rules to deal with perceived anti-competitive practices in the pharmaceutical industry
Hogan Lovells (Beijing)
China 81 contributions 19868 visits
China proposes new rules to address perceived anti-competitive practices n the pharmaceutical industry* On 14 August 2017, the National Development and Reform Commission (“NDRC“) released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active (...)

The Chinese NDRC fines two pharmaceutical companies for excessive pricing and refusal to deal (Zhejiang Second Pharma / Tianjin Handewei Pharmaceuticals)
University of Melbourne
Australia 103 contributions 29083 visits
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Hogan Lovells (Beijing)
China 81 contributions 19868 visits
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University of Melbourne
Australia 68 contributions 15910 visits
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On 31 July 2017, the NDRC publicly announced its decision to sanction Zhejiang Second Pharma (an affiliate of a central-level SOE under the purview of the State-owned Assets Supervision and Administration Commission (SASAC)) and Tianjin Handewei Pharmaceuticals for abusing their dominance. In (...)

The French Competition Authority issues an opinion following its sector inquiry on hearing aids
French Competition Authority (Paris)
France 741 contributions 395062 visits
Sector-wide Inquiry on Hearing Aids- the Autorité’s Findings* The Autorité recommends separating the initial purchase of the hearing aid (including immediate fitting and setting during the first year) from the purchase of subsequent follow-up services. It also proposes removing the (...)

The Hellenic Competition Authority decides that a lessee and operator of the parking slots in airport abuses its dominant position through excessive pricing (Cargo Service / KEPKA)
Kyriakides Georgopoulos (Athens)
Greece 61 contributions 2274 visits
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Kyriakides Georgopoulos (Athens)
Greece 28 contributions 932 visits
Dismissal of allegations of excessive car parking prices in Macedonia Airport (HCC 630/2016) In April 2008, Cargo Service, lessee and operator of the parking lots in the Thessaloniki International Airport “Macedonia”, was accused by KEPKA (a consumer protection NGO) of abusing its dominant (...)

The French Competition Authority launches a public consultation on its midpoint assessment concerning its investigation on the hearing aids sector
French Competition Authority (Paris)
France 741 contributions 395062 visits
Hearing aids* As part of its investigation on the hearing aids sector, the Autorité de la concurrence launches a public consultation on its mid-point assessment today. The Autorité encourages the sector’s players to express their opinion on the competition issues identified. Interested (...)

The US FTC subjects to public comment the consent agreement proposed by two pharmaceutical companies that implemented an unlawful agreement not to compete (Concordia and Par)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40304 visits
Pharmaceutical companies settle ftc charges of an illegal agreement not to compete, which resulted in higher prices for generic version of ADHD drug* Pharmaceutical companies Concordia Pharmaceuticals Inc. and Par Pharmaceutical, Inc. have settled FTC charges that they entered into an (...)

The EU General Court rejects a complaint in an abuse of dominance case (EasyJet / Luchthaven Schiphol)
Arendt & Medernach (Luxembourg)
Luxembourg 56 contributions 109971 visits
EasyJet Airline Co. Ltd is a British air carrier which lodged a complaint with the EU Commission that the charges set by Luchthaven Schiphol NV were discriminatory and excessive and amounted to an abuse of a dominant position in the airport services market according to Article 102 TFEU. In its (...)

The Cyprus Commission for the Protection of Competition imposes a fine of 2.1 million Euro on the Cyprus Cattle-farmers Association (Cyprus Cattle-farmers Association)
Chrysses Demetriades (Limassol)
10 contributions 3253 visits
1. Background In its decision dated 17/10/2014 the Cypriot Commission for the Protection of Competition (the “CPC”) held that the Cyprus Cattle-farmers Association (also referred as “CCA” and the “association”) violated a number of provisions of the Cyprus Law on the Protection of (...)

The Israeli Competition Authority announces its intention to fine monopolies for charging excessive prices
Barnea Jaffa Lande (Tel Aviv)
Israel 9 contributions 2777 visits
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Bennett Jones (Toronto)
Canada 5 contributions 1134 visits
A. Introduction On April 9, 2014, the Restrictive Trade Practices General Director (the "General Director") published a directive regarding excessive prices charged by monopolies (the "Directive"). In the Directive, the General Director officially announced, for the first time, that he (...)

The EU Advocate General Kokott delivers her opinion on civil liability of cartel members for umbrella pricing (Kone / Otis / Schindler / ThyssenKrupp)
University College London
United Kingdom 3 contributions 1035 visits
On 30 January 2014 Advocate General Kokott delivered her Opinion on the Case C-557/12 Kone and others. This case concerns a claim for compensation brought by the customer of an undertaking not party to a cartel, against the cartel members on the ground that the non-infringing party had (...)

Unilateral Practices

 The UK Competition Appeal Tribunal upholds a fine against a drugmaker for excessive pricing, for hiking prices over 10,00% (Auden / Actavis) New
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA decision upheld in major drug price abuse case* Firms which raised prices for key medicine by over 10,000% from 70p to £72 have had their appeal against a CMA finding of excessive pricing rejected by the Competition Appeal Tribunal (CAT). The firms must now pay almost £130m in fines. (...)

The Turkish Competition Authority terminates an investigation concerning a bus ticketing services provider following commitments offered to remedy excessive pricing concerns (Obilet Bilişim Sistemleri)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5418 visits
The investigation about Obilet Bilişim Sistemleri AŞ terminated upon the commitment submitted* According to the Board decision dated 16.06.2022 and numbered 22-27/433-M, an investigation was opened with the claim that Obilet Bilişim Sistemleri AŞ violated article 6 of the Act no 4054 by (...)

The UK Competition Appeal Tribunal rejects a challenge to an excessive pricing fine which came after the sole producer of a drug for thyroid hormone deficiency hiked prices by over 1,000% over a ten-year period (Advanz Pharma / Hg Capital / Cinven)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA defeats legal challenge in medicine pricing case* The Competition Appeal Tribunal has unanimously upheld the CMA’s decision condemning a pharmaceutical supplier for excessive pricing of medicines sold to the NHS. The Competition and Markets Authority (CMA) welcomes today’s landmark (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s decision to fine 3 drugmakers for excessive and unfair pricing of a critical medicine (Advanz / Cinven/ HgCapital)
Van Bael & Bellis (Brussels)
Belgium 56 contributions 25440 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52686 visits
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On 8 August 2023, the UK Competition Appeal Tribunal ( CAT ) unanimously upheld a decision of the UK Competition and Markets Authority ( CMA ) which in July 2021 had imposed fines totalling more than £101 million on Advanz Pharma ( Advanz ) and two previous private equity owners, Cinven and (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s decision to fine a pharmaceutical company and its former owners for excessive pricing (Advanz Pharma / Hg Capital / Cinven)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5255 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
On 8 August 2023, the UK Competition Appeal Tribunal (“CAT”) delivered its judgment upholding the decision by the UK Competition and Markets Authority (“CMA”) against pharmaceutical company Advanz Pharma and its former owners Hg and Cinven (jointly, “Advanz”) for excessive pricing (see VBB on (...)

The Italian Regional Administrative Court of Latium refers to the EU Court of Justice a preliminary question on limitation periods for the imposition of competition fines by the Italian Competition Authority (Caronte & Tourist) New
Municipality of Cagliari
167 contributions 133140 visits
Which limitation period applies to regulatory actions taken by the Italian Competition Authority (ICA) against competition law infringements is a controversial question that divides administrative judges. Recently, this question was raised again in an appeal proceedings instituted before the (...)

The Italian Regional Administrative Tribunal of Latium upholds the Competition Authority’s finding that a pharmaceutical company abused its dominant position by charging excessive prices for an orphan drug (Leadiant)
Municipality of Cagliari
167 contributions 133140 visits
An Italian administrative court confirms the condemnation of a pharmaceutical company for charging excessive prices on an orphan drug* Introduction In Leadiant the Italian Competition Authority (ICA) found a pharmaceutical company, Leadiant, guilty of violating Article 102 TFEU for (...)

The Israeli Competition Authority affirms the monopoly position of a company in the green tea and herbal infusion markets (Wissotzky)
Israel Competition Authority (Jerusalem)
Israel 17 contributions 2111 visits
The Director-General of the Israel Competition Authority Declares Wissotzky a Monopoly in the Green Tea and Herbal Infusion Markets* After an examination that began a year and a half ago and following a hearing conducted for the company over the past months, the Director-General of the ICA (...)

The Polish Competition Authority initiates preliminary proceedings against the sole importer of coffee machines over allegations of price fixing (Jura Polska)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21788 visits
Coffee machines - preliminary proceedings* President of UOKiK, Tomasz Chróstny, has initiated preliminary proceedings regarding possible price fixing for Jura coffee machines. Currently the evidence collected in this case in the course of the search is being reviewed. As part of the (...)

The German Competition Authority initiates competition infringement proceedings against a payment services provider for possibly foreclosing competitors and restricting price competition (Paypal)
German Competition Authority (Bonn)
Germany 447 contributions 113759 visits
Bundeskartellamt initiates proceeding against PayPal* The Bundeskartellamt has initiated a proceeding against PayPal (Europe) S.à.r.l. et Cie, S.C.A. on account of practices possibly foreclosing competitors and restricting price competition. The proceeding deals with PayPal’s “Rules about (...)

The French Competition Authority fines a vehicle roadworthiness test company for abuse of a dominant position in Guadeloupe (CTPL)
French Competition Authority (Paris)
France 741 contributions 395062 visits
The Autorité de la concurrence fines CTPL-AG for abuse of a dominant position* The Autorité de la concurrence fines CTPL-AG for excessive prices in the market for roadworthiness tests for heavy-duty vehicles and for favouring its sister company, which is active in the related market for (...)

The Spanish Competition Authority fines a pharmaceutical company €10.25M for selling its orphan drug for the treatment of a rare disease at an excessive price (Leadiant)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30102 visits
The CNMC fines the pharmaceutical company Leadiant 10.25 million for selling its orphan drug for the treatment of a rare disease at an excessive price.* The company has abused its dominant position as the holder of the only medicine available in Spain for the treatment of a rare disease: (...)

The Spanish Competition Authority fines a drugmaker €10.25M for excessive pricing of a drug for the treatment of cerebrotendinous xanthomatosis (Leadiant)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46219 visits
XCT is an ultra-rare metabolic disease affecting 200-250 diagnosed patients in Europe of which around 50 are in Spain. XCT has been based on an active principle denominated CDCA. Leadiant has been the only provider of CDCA based pharmaceuticals in Spain since 2010. The investigation was (...)

The Spanish Competition Authority fines the maker of an orphan medicine to treat a rare metabolic disorder €10.25M for imposing excessive prices (Leadiant)
Van Bael & Bellis (Brussels)
Belgium 56 contributions 25440 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52686 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
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On 14/11/2022, the Spanish Competition Authority (CNMC) imposed a fine of EUR 10.25 million on Leadiant because that firm was found to have abused its dominant position by applying excessive prices for chenodeoxycholic acid, an orphan medicine indicated for the treatment of patients afflicted (...)

The EU Court of Justice rules that national courts may hear claims under Article 102 TFEU for excessive railway infrastructure fees only after the sector regulator has ruled on the fees’ lawfulness (DB Station)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7619 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 14033 visits
On 27 October 2022, the European Court of Justice (“ECJ”) handed down a ruling on the permissibility of private damages claims for excessive railway infrastructure fees under Article 102 TFEU. The ECJ found that a national court is precluded from awarding damages for excessive fees until the (...)

The Hamburg Regional Court denies an injunction and rules there is no obligation to supply in a case concerning a major soft drinks manufacturer (EDEKA / Coca-Cola)
Hogan Lovells (Munich)
Germany 6 contributions 6299 visits
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Hogan Lovells (Hamburg)
Germany 5 contributions 1955 visits
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Hogan Lovells (Munich)
Germany 2 contributions 6159 visits
Antitrust law may restrict price increases if the preconditions of a pricing abuse are met. However, decision practice on this topic is scarce. Therefore, EDEKA’s petition for a preliminary injuction filed against Coca-Cola claiming a pricing abuse and demanding supply at lower prices has (...)

The Turkish Competition Authority investigates an online marketplace for vehicles and real estate over an alleged abuse of dominance (Sahibiden)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 81193 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 2 contributions 712 visits
The Turkish Competition Authority has continued its investigations into alleged anti-competitive practices in digital markets. This time, the Competition Board (the Authority’s decision-making body) has launched a fully fledged investigation against Sahibinden Bilgi Teknolojileri Paz ve Tic (...)

The Israeli Supreme Court gives a landmark ruling to support private enforcement and class actions claims against monopolists for charging unfair and excessive prices (Gafniel / Coca-Cola)
Barnea Jaffa Lande (Tel Aviv)
Israel 9 contributions 2777 visits
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Barnea Jaffa Lande (Tel Aviv)
Israel 2 contributions 38 visits
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Barnea Jaffa Lande (Tel Aviv)
Israel 1 contribution 38 visits
On July 26, 2022, the Israeli Supreme Court handed down a precedent-setting ruling in the Central Bottle Company (Coca-Cola Israel) case (Permission for Civil Appeal Gafniel v. Central Bottle Company Ltd.). The court determined the Economic Competition Law enables would-be plaintiffs to sue (...)

The UK Competition Authority fines two pharma companies £70M for overcharging the National Health Service (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
£70 million in fines for pharma firms that overcharged NHS* After reassessing part of the case, the CMA has found that Pfizer and Flynn abused their dominant positions to overcharge the NHS for a life-saving epilepsy drug. Pharmaceutical companies Pfizer and Flynn fined £63 million and £6.7 (...)

The UK Competition Authority fines two pharmaceutical firms €70M for charging excessive prices to the National Health Service (Pfizer / Flynn)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 19 contributions 21380 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 2 contributions 547 visits
The UK Competition and Markets Authority (CMA) last week fined pharmaceutical companies Pfizer and Flynn £63 million and £6.7 million for engaging in excessive pricing. In the CMA’s view, the companies charged unfairly high prices for Phenytoin capsules, a genericised anti-epilepsy drug, in (...)

The Italian Competition Authority fines a drug manufacturer €3.5M for charging excessive prices to the National Health Service for a life-saving drug (Leadiant)
Italian Competition Authority (Rome)
Italy 69 contributions 18403 visits
A524 - ICA fines Leadiant 3,5 million euros for abusing its dominant position* The Italian Competition Authority (ICA) found that since June 2017 Leadiant has charged the Italian NHS unfairly excessive prices for the sale of a life-saving drug. Similar proceedings were conducted by (...)

The Italian Competition Authority fines a pharmaceutical company for charging excessive prices for an orphan drug (Leadiant)
Municipality of Cagliari
167 contributions 133140 visits
The Italian Competition Authority (ICA) has recently closed an Article 102 TFEU enquiry against a pharmaceutical company in the Leadiant case with an infringement decision. The ICA found that Leadiant, had abused its dominant position by charging highly disproportionate prices for a drug (...)

The UK Competition Authority secures legally binding commitments from a manufacturer of six cancer drugs to maintain reduced prices for 10 years (Aspen)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA helps NHS secure price and supply commitment for cancer drugs* The CMA has worked to ensure that pharmaceutical company Aspen’s commitments to reduce prices for life-saving cancer medicines can be enforced in the UK following its exit from the European Union. The European Commission (...)

The UK Competition Authority publishes its decision to fine a pharmaceutical company £155M for excessive pricing and £111.5M for market exclusion agreements (Auden McKenzie / Actavis)
Toyota (Brussels)
Belgium 38 contributions 8132 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
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Van Bael & Bellis (Brussels)
Belgium 23 contributions 24335 visits
On 31 March 2022, the CMA published one of its longest decisions (1077 pages), in which it imposed fines of £155 million on Accord-UK (previously Auden McKenzie/Actavis) for excessive price increases on hydrocortisone tablets after they were de-branded and fell outside the UK NHS price (...)

The Italian Competition Authority fines ferry operator for excessive pricing (Caronte & Tourist)
Link Campus University (Rome)
Italy 5 contributions 3429 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 3 contributions 450 visits
The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for having charged excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”). I. The investigation In July 2020, the (...)

The Cypriot Competition Authority imposes a fine of €271,385.11 on a pasteurized cow milk company for abuse of dominance through excessive pricing (Charalambides-Christis)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8456 visits
The Commission for the Protection of Competition imposed a fine on Charalambides-Christis Ltd amounting to €271,385.11 for infringements of article 6(1)(a) of the Protection of Competition Laws and corresponding article 102(a) of the Treaty on the Functioning of the European Union* The (...)

The German Federal Supreme Court rules that railway infrastructure usage charges by a railway infrastructure maintenance company amount to an abuse of dominance notwithstanding regional factors (DB Netz)
Arnecke Sibeth Dabelstein (Frankfurt)
Germany 3 contributions 132 visits
Facts The plaintiff is claiming repayment from the defendant of train path usage charges paid for the period from December 2009 to December 2010 plus interest insofar as these are based on so-called ’regional factors’ (Regionalfaktoren). The defendant DB Netz AG, the infrastructure (...)

The EU General Court rejects an appeal to overturn a Commission decision which made the commitments of a gas company binding to address concerns on the wholesale supply of gas in Central and Eastern Europe (Gazprom)
General Court of the European Union (Luxembourg)
Luxembourg 62 contributions 29618 visits
The General Court dismisses the action brought against a decision by the Commission to make binding on Gazprom commitments proposed by the latter in order to address competition concerns raised by the former in relation to the national markets for the upstream wholesale supply of gas in the (...)

The Indian Competition Authority launches an investigation into a mining company for alleged abuse of dominance by excessive pricing (Kalpit Sultania / IREL)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8404 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10246 visits
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Samvad Partners (Mumbai)
76 contributions 7147 visits
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KEY POINTS The thrust of the definition of the term ‘enterprise’ under the Act is on the economic nature of the activities discharged by the entity concerned. BRIEF FACTS An information was filed by Mr. Kalpit Sultania (“Informant”) against IREL (India) Ltd. (“IREL/OP”) alleging abuse of (...)

The Indian Competition Authority initiates probe into a Big Tech firm for potential abuse of dominance in the app store market (Apple / Together We Fight Society)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8404 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10246 visits
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Samvad Partners (Mumbai)
76 contributions 7147 visits
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KEY POINTS Unlike traditional ‘single-brand’ markets or aftermarkets, the present digital ecosystems including app stores operate as a platform connecting two or multiple different sets of market participants, such as, app developers and users. The multisided nature of this market needs to (...)

The Romanian Competition Authority investigates alleged abuse of dominance on the market for technical approvals of locations (Orange / RCS&RDS)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27892 visits
The Competition council investigates both Orange SI RCS & RDS for abuse of dominant position* The Competition Council has opened two investigations aimed at a possible abusive behaviour of both undertakings Orange Romania S.A. and RCS & RDS S.A. on the market of service for issuing (...)

The UK Competition Authority publishes its decision finding a pharmaceutical company guilty of excessive pricing on thyroid tablets (Advanz)
Toyota (Brussels)
Belgium 38 contributions 8132 visits
On 15 December 2021, the UK Competition and Markets Authority (“CMA”) published the non-confidential version of its decision in Advanz Pharma, which provides further insight into its approach to dealing with excessive pricing. As reported earlier (See Michael Clancy, Samuel Hall, Peter (...)

The Russian Competition Authority imposes a fine on a telecommunications company for abuse of dominance (Tele2)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55739 visits
FAS Russia fined Tele2 for the abuse of its dominant position* The authority initiated an administrative offense case against the company and imposed a 825,500 rubles fine on the telecom operator for the abuse of its dominant position on November 22 [1]. In January 2021, the company (...)

The Cypriot Administrative Court upholds the Competition Authority’s decision to impose a fine of €2 million for anticompetitive practices in the supply of raw cow milk (Pancyprian Organization of Cattle Farmers)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8456 visits
The Administrative Court has upheld the decision of the Commission for the Protection of Competition and the fine of €2.100.000 imposed on the Pancyprian Organization of Cattle Farmers (POCF) Public Ltd for infringements of the Protection of Competition Law of 2008.* The Administrative Court (...)

The Australian Competition Authority reports a standstill in the domestic airline industry due to the COVID-19 pandemic restrictions and cautions airports against using their market power to try to recoup losses after the pandemic through excessive prices
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82477 visits
COVID restrictions bring domestic airline industry to a standstill* Travel restrictions as a result of the recent COVID-19 Delta outbreaks have brought the majority of domestic flying to a stop and delivered a significant blow to the local airline industry, the ACCC’s latest Airline (...)

The US district court for the District of Northern California rules that app stores are not a monopoly but prohibits ban on app creators directing consumers to external links (Epic / Apple)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46219 visits
The Judgment of the US Court of the Northern District of California (Court) of 10 September 2021 , Epic v. Apple (Judgment), has concluded that Apple Inc. (Apple) is not a monopolist in light of current US and California antitrust laws. However, what could be seen as a neat victory for Apple (...)

The UK Competition Authority along with EU Member States cracks down on excessive pricing in the pharmaceutical sector (Pfizer / Flynn / Actavis)
White & Case (Brussels)
Belgium 17 contributions 7136 visits
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White & Case (Brussels)
Belgium 4 contributions 1254 visits
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White & Case (London)
United Kingdom 2 contributions 382 visits
Competition authorities have been traditionally reluctant to pursue excessive pricing cases since many of them had failed on the facts. However, in recent years, there has been a resurgence of the topic in pharma-related cases. In particular, the national competition authorities have led the (...)

The UK Competition Authority finds that 2 pharmaceutical companies abused their dominant positions to overcharge the National Health Service for vital anti-epilepsy drugs (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA accuses pharma firms of illegal pricing* The CMA has provisionally found that Pfizer and Flynn abused their dominant positions to overcharge the NHS for vital anti-epilepsy drugs, after reassessing the case. Having gathered further evidence and after carefully assessing the facts, the (...)

The UK Competition Authority imposes fines totalling more than £101M on a pharmaceutical company for charging excessive and unfair prices for liothyronine tablets (Advanz)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7629 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52686 visits
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On 29 July 2021, the UK Competition and Markets Authority (“CMA”) imposed fines totalling more than £101 million on Advanz Pharma and previous owners, Cinven and HgCapital, for charging excessive and unfair prices for liothyronine tablets – a treatment for hypothyroidism (see Press Release). (...)

The Dutch Competition Authority imposes a fine totalling €20M on an orphan drug manufacturer for excessive pricing (Leadiant)
Bird & Bird (The Hague)
Netherlands 34 contributions 8723 visits
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Bird & Bird (The Hague)
Netherlands 7 contributions 4372 visits
Dutch competition authority ACM imposes EUR 20 million fine on orphan drug manufacturer Leadiant for excessive pricing* The Netherlands Authority for the Consumer and Markets’ (“ACM“) announced focus on drug price developments has finally come to a tangible enforcement result: a fine of (...)

The Dutch Competition Authority fines a national drug manufacturer for excessive pricing (Leadiant)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35095 visits
ACM imposes fine on drug manufacturer Leadiant for CDCA’s excessive price* The Netherlands Authority for Consumers and Markets (ACM) has established that drug manufacturer Leadiant charged far too high a price for its prescription drug CDCA-Leadiant. As such, Leadiant abused its dominant (...)

The Dutch Competition Authority fines a medicine supplier almost €20 million for excessive pricing of a metabolic disorder medicine (Leadiant)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7629 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52686 visits
On 20 July 2021, the ACM announced that it had imposed a fine of € 19,569,500 on Leadiant for abusing its dominant position by charging excessive prices for chenodeoxycholic acid-Leadiant (“CDCA”), a medicine indicated for the treatment of patients suffering from cerebrotendinous (...)

The Russian Competition Authority issues a warning to a gas company to reduce retail gasoline prices in the Volgograd Region (Lukoil-Yugnefteprodukt)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55739 visits
FAS issued to the company Lukoil-Yugnefteprodukt a warning to reduce the retail gasoline price in the Volgograd Region* Being a dominant in the regional market, the company increased retail gasoline prices in the daytime at individual gas stations The Office of the Federal Antimonopoly (...)

The Russian Competition Authority issues a warning to a gas company on the need to reduce retail gasoline prices in the Republic of Kalmykia (Lukoil-Yugnefteprodukt)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55739 visits
FAS issued Lukoil-Yugnefteprodukt warning on the need to reduce retail gasoline prices* Being a dominant in the regional market, the company increased retail gasoline prices in the daytime at individual gas stations The Office of the Federal Antimonopoly Service in the Republic of Kalmykia (...)

The Polish Competition Authority initiates proceedings against multiple TV channel distributors for abusing their dominant position (Telewizja Polsat / Discovery)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21788 visits
TV packages - President of The Office of Competition and Consumer Protection has initiated antitrust proceedings Tomasz Chróstny, President of the Office of Competition and Consumer Protection, has initiated two antitrust proceedings against Telewizja Polsat and four companies belonging to the (...)

The French Competition Authority rejects a referral filed by a national karaoke studio for lack of evidence (Singing Studio / Karafun)
French Competition Authority (Paris)
France 741 contributions 395062 visits
The Autorité de la concurrence rejects the referral filed by Singing Studio in the karaoke sector for lack of evidence* Singing Studio’s complaint Singing Studio, which operates two establishments specialising in karaoke in Lille and Paris, has referred practices implemented by the Karafun (...)

The UK Competition Authority investigates a Big Tech company over suspected anti-competitive behaviour (Apple App Store)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA investigates Apple over suspected anti-competitive behaviour* The CMA has launched an investigation into Apple following complaints that its terms and conditions for app developers are unfair and anti-competitive. In addition to designing, manufacturing and marketing electronic devices (...)

The EU Commission accepts commitments made by a pharmaceutical company to reduce prices for six off-patent cancer medicines by 73% addressing excessive pricing concerns (Aspen)
European Commission - DG COMP (Brussels)
Belgique 1337 contributions 2820841 visites
Antitrust: Commission accepts commitments by Aspen to reduce prices for six off-patent cancer medicines by 73% addressing excessive pricing concerns* The European Commission has made commitments offered by Aspen legally binding under EU antitrust rules. Aspen has to reduce its prices in (...)

The EU Commission accepts the commitment offered by a pharmaceutical company to reduce drug prices by 73% (Aspen)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71743 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 388 visits
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21050 visits
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“When the price of a drug suddenly goes up by several hundred percent, this is something the Commission may look at” Commissioner Vestager said when opening a formal investigation into Aspen’s alleged excessive pricing conduct in May 2017. On 10 February 2021, the EU Commission (Commission) (...)

The EU Commission accepts a commitment to reduce the price of six cancer medicines by 73% in an excessive pricing case in the pharmaceutical industry (Aspen)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7629 visits
On 10 February 2021, the Commission announced that it had accepted a series of pricing and supply commitments from Aspen, thereby bringing an end to its investigation into whether Aspen had infringed Article 102 TFEU by charging excessive prices for six off-patent cancer medicines. Having (...)

The EU Commission accepts commitments by a drug manufacturer to reduce prices by 73% in an excessive pricing case (Aspen)
McDermott Will & Emery (Brussels)
Belgium 49 contributions 9451 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 5170 visits
On 10 February 2021, the EC concluded its first excessive pricing investigation in the healthcare sector by accepting commitments from Aspen Pharmacare Holdings Ltd and Aspen Pharma Ireland Limited (collectively, Aspen) (Decision C (2021) 72 final in Case AT.40394, Aspen). The decision (...)

The EU Commission accepts the commitment offered by a pharmaceutical company for excessive pricing (Aspen)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7629 visits
In February 2021, the European Commission’s (“Commission”) long-running excessive pricing case against Aspen was brought to a close, with Aspen accepting a series of forward-looking pricing and supply commitments, but avoiding any fines or requirements to repay all of the higher prices charged (...)

The Indian Competition Authority dismisses allegations of abuse of dominance by a reinsurance company as its client insurance companies retain the freedom to decide their premium rates as well as their reinsurer under national law (Automotive Tyres Manufacturers Association / General Insurance Corporation of India)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8404 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10246 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10312 visits
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KEY POINTS The markets for insurance and reinsurance exist as separate markets and insurance companies have the commercial freedom to price their policies as they deem fit according to the market conditions and decisions taken in the reinsurance market do not place any restriction on (...)

The Russian Ninth Arbitration Appeal Court upholds the decision of the Competition Authority in respect of national railways abusing their dominant position (Russian Railways JSC)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55739 visits
The appeal upheld the decision of the FAS Russia in respect of Russian railways* Earlier, the Authority recognized the company as violating antimonopoly legislation The Ninth Arbitration Appeal Court supported the position of the Antimonopoly Service in the case against Russian Railways (...)

The Lithuanian Competition Authority terminates investigation into real estate ads company for alleged abuse of dominant position (Diginet LTU)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20179 visits
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 (...)

The Estonian District Court orders a State-owned energy company to pay €7M in damages to a shale oil company for abuse of its dominant position by imposing excessive prices on shale oil supply (Enefit Mines / VKG Oil)
Cobalt Legal (Tallinn)
Estonia 8 contributions 208 visits
Estonian incumbent state-owned energy mining company Enefit Kaevandused AS (“Enefit Mines”) was ordered to pay to VKG Oil AS (“VKG”) for the abuse of dominant position by imposing excessive prices on oil shale supply. The final award was made by Tartu District Court on 21 May 2021, following (...)

The Polish Competition Authority fines a manufacturer of musical equipment for resale price maintenance (Yamaha Music Europe)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21788 visits
Decision of the President of UOKiK on overpricing of Yamaha musical equpiment* For 13 years, Yamaha Music Europe has been setting minimum prices for resale of musical equipment in online stores in Poland with its distributors. President of UOKiK Tomasz Chróstny imposed a fine of half a (...)

The Italian Competition Authority continues its investigation of an orphan drug manufacturer for excessive pricing (Leadiant)
Portolano Cavallo (Milan)
Italy 36 contributions 6816 visits
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Portolano Cavallo (Milan)
Italy 63 contributions 9829 visits
In October 2019, the Italian Competition Authority (hereinafter the “ICA” or the “Authority”) launched an investigation into abuse of dominance pursuant to Article 102 TFEU against Leadiant Biosciences Ltd (formerly Sigma Tau Rare Disease Ltd) and other companies in the Leadiant group (...)

The Russian Competition Authority finds a telecom company guilty of abusing its dominant position to unreasonably increase tariffs for communication services (Tele2)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55739 visits
The FAS Russia: Tele 2 Unreasonably Increased Tariffs for Communication Services* T2 Mobile has increased the cost of providing mobile services on a number of tariff plans from May 12, 2020 On October 20, the FAS Russia found a violation of antimonopoly law in the company’s actions. (...)

The Hellenic Competition Authority examines a complaint lodged against three companies in the mineral sector for abuse of dominance (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Commission (Athens)
Greece 127 contributions 17265 visits
Press Release: Examination of the complaint of the company MYTILINEOS S. A.* Subject: Examination of the complaint of the company MYTILINEOS S. A. - GROUP OF COMPANIES against the companies IMERYS VOXITES SA and IMERYS GREECE SA for possible violation of articles 2 of law 3959/2011 and 102 (...)

The Italian Competition Authority opens investigation into excessive pricing and anticompetitive contractual conditions by a dominant ferry company (Caronte & Tourist)
Italian Competition Authority (Rome)
Italy 69 contributions 18403 visits
Antitrust: investigation launched against the ferry company Caronte & Tourist* The company is in a dominant position in passenger ferrying in the Strait of Messina The Autorità Garante della Concorrenza e del Mercato has launched an investigation against the company Caronte & (...)

The EU Commission starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing on a range of off-patent cancer medicines (Aspen)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52686 visits
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 25440 visits
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 24650 visits
Today, the European Commission (the Commission) started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings (Aspen) to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (see, attached (...)

The EU Commission invites parties to submit comments regarding a pharma company and its excessive pricing (Aspen)
Van Bael & Bellis (Brussels)
Belgium 4 contributions 636 visits
On 14 July 2020, the Commission invited interested parties to submit comments on the commitments offered by global pharma company Aspen to address competition concerns in relation to Aspen’s excessive pricing for six critical off-patent cancer medicines in several national markets (excluding (...)

The EU Commission invites comments on a pharmaceutical company’s proposed commitment to reduce the price by 73% for six off-patent cancer medicines to remove the Commission’s excessive pricing concerns (Aspen)
European Commission - DG COMP (Brussels)
Belgique 1337 contributions 2820841 visites
Antitrust: Commission seeks feedback on commitments offered by Aspen to reduce prices for six off-patent cancer medicines by 73% to address Commission’s concerns over excessive pricing* The European Commission invites comments from all interested parties on commitments offered by Aspen to (...)

The EU Commission invites comments from all interested parties on commitments offered by pharmaceutical company to address the Commission’s concerns over excessive pricing (Aspen)
Dentons (Berlin)
Belgium 6 contributions 5381 visits
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DLA Piper (Bucharest)
Romania 8 contributions 2377 visits
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Plesner (Copenhagen)
Denmark 41 contributions 74245 visits
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Aspen: Quick Fix But Missed Opportunity* What are commitments? The recent effort by the Commission to settle the Aspen case suggests that commitment decisions are the preferred route to settle complex excessive pricing cases at EU-level. Previous commitment cases where high prices have been (...)

The South African Competition Tribunal publishes its written reasons to penalize a pharmaceutical chain for excessive pricing (Dis-Chem)
ICC FraudNet (Johannesburg)
South Africa 7 contributions 4014 visits
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Primerio (Johannesburg)
South Africa 22 contributions 5640 visits
South Africa’s Second Price Gouging Case: Dis-Chem Penalised For Excessive Pricing re Face Masks* On 14 July 2020, the South African Competition Tribunal published its written reasons in relation to its decision to penalize Dis-Chem (a large pharmaceutical chain in South Africa) for (...)

The UK Competition Authority opens investigations against four pharmacies and convenience stores for suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the COVID-19 outbreak
Morgan Lewis (London)
United Kingdom 5 contributions 1115 visits
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Morgan Lewis (London)
United Kingdom 28 contributions 16346 visits
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Morgan Lewis (London)
United Kingdom 26 contributions 9873 visits
The UK Competition and Markets Authority on June 19 announced that it had opened investigations against four pharmacies and convenience stores in relation to suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the coronavirus (...)

The OECD issues note on exploitative pricing in the time of COVID-19
OECD - Competition Division (Paris)
France 313 contributions 1371884 visits
One of the many consequences of the COVID-19 crisis is the disruption of supply chains. Together with increased demand, this has led to shortages in a number of essential products. These shortages are influencing the behaviour of firms and may have led to potentially exploitative prices in (...)

The UK Competition Authority publishes update on its COVID-19 taskforce including a number of excessive pricing complaints and investigations
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA publishes update on COVID-19 Taskforce* The CMA has today published an update from its COVID-19 Taskforce, set up to monitor and respond to consumer and competition problems arising from the pandemic. As part of the Taskforce’s work, it asked the public for information about businesses (...)

The Chinese State Administration for Market Regulation fines 3 national pharmaceutical companies for abuse of dominance in the sale of an injectable pharmaceutical ingredient (Kanghui / Puyunhui / Taiyangshen)
FenXun Partners (Beijing)
China 3 contributions 567 visits
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Baker McKenzie (Beijing)
China 3 contributions 892 visits
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Baker McKenzie (Beijing)
China 2 contributions 324 visits
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On 9 April 2020, China’s State Administration for Market Regulation (SAMR) fined three domestic pharmaceutical companies Shandong Kanghui Medicine Company Limited ("Kanghui"), Weifang Puyunhui Pharmaceutical Company Limited ("Puyunhui") and Weifang Taiyangshen Company Limited Pharmaceutical (...)

The Chinese State Administration for Market Regulation fines 3 pharmaceutical companies for abuse of dominance in the distribution of an injectable drug and confirms that pharmaceuticals and medical devices sectors continue to be an enforcement priority amid the COVID-19 outbreak (Kanghui / Puyunhui / Taiyangshen)
Herbert Smith Freehills (Shanghai)
China 7 contributions 1953 visits
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Herbert Smith Freehills (Hong Kong)
Hong Kong 12 contributions 3009 visits
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Herbert Smith Freehills (Hong Kong)
China 3 contributions 1019 visits
On 9 April 2020, China’s State Administration for Market Regulation (SAMR) fined 3 pharmaceutical companies for abuse of dominance in the distribution of injectable calcium gluconate Active Pharmaceutical Ingredient (API). The three companies were found to be in breach of the PRC’s (...)

The South African Competition Authority announces it has received over 500 complaints of excessive pricing related to the COVID-19 pandemic
South African Competition Commission (Pretoria)
South Africa 15 contributions 1465 visits
COVID-19 UPDATE: COMPETITION COMMISSION FLOODED WITH OVER 500 COMPLAINTS OF EXCESSIVE PRICING * Background On 15 March 2020 President Cyril Ramaphosa declared a State of National Disaster, and further to that the President announced the enforcement of a nationwide lockdown for 21 days with (...)

The US State AGs from 33 States and Territories, led by Pennsylvania, Connecticut, New Mexico, and Vermont urge online marketplaces to monitor more rigorously price gouging practices by online sellers using their services (Amazon / Facebook / eBay / Walmart / Craigslist)
Office of the Pennsylvania State Attorney General (Harrisburg)
United States 1 contribution 675 visits
AG Shapiro: Amazon, Facebook, Ebay, Walmart, Craigslist Must Stop Site Price Gouging by Online Sellers* HARRISBURG― Attorney General Josh Shapiro today issued a letter with co-leading Attorneys General Hector Balderas, William Tong, and T.J. Donovan, and 29 of their Attorneys General (...)

The US State AGs from 33 States, led by Pennsylvania AG Shapiro issue a letter urging online marketplaces to monitor more rigorously price gouging practices especially for online sellers (Amazon / Facebook / eBay / Walmart / Craigslist)
Troutman Sanders (Richmond)
United States 1 contribution 239 visits
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Troutman Sanders (Richmond)
United States 1 contribution 239 visits
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Troutman Sanders (Richmond)
United States 1 contribution 239 visits
33 Attorneys General Urge Online Sellers To Take Steps To Fight Price Gouging* Today, a bipartisan group of 33 state attorneys general, led by Pennsylvania Attorney General Josh Shapiro, sent a letter urging online marketplaces to more rigorously monitor price gouging practices by online (...)

The Turkish Competition Authority announces a zero-tolerance policy against excessive price increases in the food sector during the COVID-19 outbreak
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81194 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1975 visits
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Esin (Istanbul)
Turkey 3 contributions 984 visits
The world is clearly going through uncertain times as a result of the COVID-19 outbreak. In Turkey, although at the moment there are significantly fewer confirmed cases of COVID-19 in Turkey as compared to the Western European countries and the UK, the COVID-19 pandemic outbrea k has also (...)

The Turkish Competition Authority warns it will impose the most serious administrative fines on food sellers who charged excessive prices during the COVID-19 pandemic
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5418 visits
PUBLIC ANNOUNCEMENT* It is observed that in our food market, especially in the market for fresh vegetables and fruits, there are extreme price increases in an opportunist manner nowadays, while we are facing with global COVID-19 outbreak. Being granted the power to protect consumer (...)

The UK Competition Authority investigates four pharmacies and convenience stores for excessive and unfair pricing of hand sanitiser products during the COVID-19 pandemic
Bird & Bird (London)
United Kingdom 28 contributions 3412 visits
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London Legends FC
4 contributions 641 visits
The Competition and Markets Authority (CMA) is investigating four pharmacies and convenience stores for suspected breaches of competition law. The investigations, under Chapter II of the Competition Act 1998 (CA 98), relate to suspected charging of excessive and unfair prices for hand (...)

The UK Competition Authority writes an open letter to the pharmaceutical, food and drink industries warning them not to exploit the COVID-19 outbreak to charge prices that might be deemed excessive
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
Coronavirus (COVID-19): CMA open letter to pharmaceutical and food and drink industries.* The Competition and Markets Authority has published an open letter for businesses in the pharmaceutical and food and drink industries. Details We have written an open letter to the pharmaceutical (...)

The Nanjing Intermediate People’s Court rules in favour of an undertaking and its subsidiary in an abuse of dominance case against its suppliers of active pharmaceutical ingredient and awards the plaintif damages as compensation for anti-competitive conduct totally $10 million (Yangtze River)
Hogan Lovells Fidelity (Shanghai)
3 contributions 420 visits
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Hogan Lovells (Beijing)
China 81 contributions 19868 visits
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Hogan Lovells Fidelity (Shanghai)
9 contributions 2194 visits
On 18 March 2020 the Nanjing Intermediate People’s Court (court) ruled in favor of Yangtze River Pharmaceutical Group and its subsidiary (Yangtze Pharma) in an abuse of dominance case against its suppliers of active pharmaceutical ingredients (API). The court awarded the plaintiffs a record (...)

The Dutch Competition Authority reminds businesses to maintain compliance during the COVID-19 outbreak, including dominant companies avoiding excessive prices and all companies avoiding price fixing
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35095 visits
ACM’s oversight during the Coronavirus crisis* The current Coronavirus outbreak has far-reaching effects on people and businesses. These are extraordinary times. ACM is closely monitoring economic developments, and is ready to answer any questions about collaborations that companies wish to (...)

The Italian Supreme Administrative Court rejects an appeal lodged by a multinational drug company against a previous decision asserting it as having abused its dominant position by imposing unfair prices for drugs (Aspen)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5454 visits
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Bird & Bird (Rome)
Italy 19 contributions 4087 visits
On 13 March, the Italian Supreme Administrative Court ("Consiglio di Stato") rejected the appeal lodged by the multinational Aspen Group against the decision of the Regional Administrative Court of Lazio (“TAR”), which fully upheld the decision adopted by the Italian Competition Authority (...)

The Ukrainian Competition Authority issues recommendations to pharmacies and retailers against excessive prices for masks, examines price hikes for airline tickets and monitors prices for disinfectants and consumption basket products
Redcliffe Partners (Kyiv)
Ukraine 9 contributions 9455 visits
As with other competition authorities, the Antimonopoly Committee of Ukraine (the "AMC") is responding promptly during the coronavirus outbreak. On 13 March 2020, the AMC announced that it would investigate any unjustified price hikes for medicines, face masks and other personal health (...)

The Italian Competition Authority publishes two investigations against online platforms with regards to some claims relating to the marketing of hand sanitizing and respiratory masks as well as hygiene products (Amazon / eBay)
Italian Competition Authority (Rome)
Italy 69 contributions 18403 visits
Coronavirus, the Authority begins investigating Amazon and eBay for misleading claims and excessive price increases.* The Authority launched two separate investigations today against the Amazon platform (Amazon Italia Customer Service, Amazon Eu, Amazon Service Europe) and eBay platform (...)

The Austrian Supreme Court confirms the lower court’s decision finding that the national public broadcasting company did not abuse its dominant position by increasing its fee for decryption service (ORF)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
Austria 2 contributions 240 visits
1. Introduction On 12 March 2020 the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Kartellobergericht; hereinafter: “Supreme Court”) confirmed a decision by the Higher Regional Court of Vienna in competition matters (Oberlandesgericht Wien als Kartellgericht; (...)

The UK Court of Appeal dismisses the Competition Authority’s appeal against a ruling quashing the fines imposed on two pharmaceutical companies for charging excessive and unfair prices for an anti-epilepsy drug (Pfizer / Flynn)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65820 visits
On 10 March 2020, the UK’s Court of Appeal dismissed the Competition and Market Authority’s (“CMA”) appeal against a 2018 ruling by the Competition Appeals Tribunal (“CAT”) that quashed the CMA’s 2016 fine imposed on Pfizer and Flynn for charging excessive and unfair prices for phenytoin (...)

The UK Court of Appeal upholds the Competition Appeal Tribunal’s quashing of the Competition Authority’s decision against pharmaceutical undertakings who had allegedly abused their dominant position by pricing their epilepsy drug unfairly (Pfizer / Flynn)
White & Case (Brussels)
Belgium 57 contributions 57310 visits
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White & Case (Brussels)
Belgium 38 contributions 65544 visits
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Hausfeld (London)
United Kingdom 8 contributions 3201 visits
On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal’s (CAT) quashing of the Competition and Markets Authority’s (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions in the market by pricing their epilepsy drug unfairly. Among other (...)

The UK Court of Appeal seeks to reinstate record fines 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)
United Kingdom 14 contributions 4206 visits
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Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71743 visits
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Herbert Smith Freehills (London)
United Kingdom 44 contributions 8892 visits
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 UK Court of Appeal imposes agency discretion in the methodology to establish the unfairness of prices, thereby increasing the burden of proof on companies to avoid a finding of excessive pricing (Pfizer / Flynn)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 78 contributions 58630 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 3 contributions 1861 visits
The UK Court of Appeal Overturns the CAT & Imposes Agency Discretion on Excessive Price Benchmark* On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down a significant ruling that reintroduces agency discretion in the methodology used to establish the unfairness of (...)

The UK Court of Appeal provides guidance regarding the legal test to determine whether pricing is excessive and unfair in the pharmaceutical market (Pfizer / Flynn)
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22946 visits
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Latham & Watkins (Brussels)
Belgium 4 contributions 963 visits
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 (...)

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)
United Kingdom 1 contribution 267 visits
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Bristows (London)
United Kingdom 2 contributions 666 visits
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 (...)

The UK Competition Authority welcomes the England and Wales Court of Appeal’s judgment, calling it an important step forward in clarifying the legal test for excessive and unfair pricing (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA welcomes Court of Appeal judgment in Phenytoin case* The CMA welcomes today’s Court of Appeal judgment, calling it an important step forward in clarifying the legal test for excessive and unfair pricing. The Competition and Markets Authority (CMA) will now carefully review the elements (...)

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 (Pfizer / Flynn)
Covington & Burling (Brussels)
Belgium 1 contribution 212 visits
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Latham & Watkins (Brussels)
Belgium 4 contributions 963 visits
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Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22946 visits
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 (...)

The UK Competition Authority announces that it has been monitoring reports of changes to sales and pricing practices during the COVID-19 outbreak and will assess whether it should advise Government to consider taking direct action to regulate prices
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
COVID-19: sales and pricing practices during Coronavirus outbreak* The CMA has been monitoring reports of changes to sales and pricing practices during the coronavirus outbreak. The Competition and Markets Authority (CMA) wants to ensure that traders do not exploit the current situation to (...)

The Italian Competition Authority investigates online sales platforms for excessive pricing of hand sanitizers and respiratory protection masks in the face of COVID-19 outbreak
Italian Competition Authority (Rome)
Italy 69 contributions 18403 visits
ICA: Coronavirus, the Authority intervenes in the sale of sanitizing products and masks* Today the Autorità Garante della Concorrenza e del Mercato (the Italian Antitrust Authority) sent a request for information to the main online sales platforms and other sales sites about the marketing of (...)

The Cypriot Competition Authority finds that excessive prices applied by the airport operator on its competitors for licensing parking services amount to an abuse of a dominant position (A. Princess Airport Parking / C & A Stop and Fly / X. Xanthos Airport Parking Services / Hermes Airports)
Antoniou McCollum & Co. (Nicosia)
Cyprus 15 contributions 16869 visits
The Cypriot Commission for the Protection of Competition (CPC) found that excessive prices applied by the airport operator on its competitors for parking services amount to an abuse of a dominant position. The complainants in this case, A. Princess Airport Parking Ltd, C & A Stop and (...)

The Turkish Competition Authority publishes its first investigation concerning abuse of dominance by a standard-essential patent holder (Philips)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4470 visits
Turkish Competition Authority’s (“TCA”) Philips Decision (26.12.2019, 19-46/790-344 – published on 27.05.2020) is quite significant as it is the first time that the TCA examined the conducts of a Standard Essential Patent (“SEP”) holder within the scope of Article 6 of the Act No. 4054 on the (...)

The Turkish Administrative Court annuls a Competition Authority’s decision assessing excessive pricing in the online market and provides guidance on the standard of proof to be followed by the Authority (Sahibinden.com)
Guernsey Competition Authority (St. Peter Port)
Guernsey 6 contributions 1474 visits
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ACTECON (Istanbul)
Turkey 9 contributions 2322 visits
The standard of proof plays a significant role during the process of the investigations performed within the framework of the competition law. However, no explicit provision regarding the standard of proof which shall be taken as basis in the preliminary and full-fledged investigations carried (...)

The Turkish Administrative Court annuls the fines imposed by the Competition Authority due to failure to establish the required standards for competition law infringement in excessive pricing cases (Sahibinden.com)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81194 visits
This case note analyses Ankara 6th Administrative Court’s (the “Administrative Court”) annulment judgment (18.12.2019; 2019/946 E., 2019/2625 K.) through which the Administrative Court reviewed the Turkish Competition Board’s (the “Board”) decision dated 01.10.2018 and numbered 18-36/584-285, (...)

The Swiss Federal Supreme Court confirms and defines margin squeeze as a particular form of abusive pricing strategy in the telecommunication market (Swisscom)
Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2473 visits
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Metall Zug
1 contribution 554 visits
Federal Supreme Court examines margin squeeze under Swiss competition law* Introduction On 9 December 2019 the Federal Supreme Court confirmed that Swisscom AG and Swisscom (Schweiz) AG (together, Swisscom) had abused its dominant position by charging abusive prices for wholesale broadband (...)

The Paris Court of Appeal clarifies the relevant test for characterizing an excessive price in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse)
Dechert (Paris)
France 47 contributions 68736 visits
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Dechert (Paris)
France 20 contributions 21944 visits
On 14 November 2019, the Paris Court of Appeal (the “Court”) quashed a decision of the French Competition Authority (“FCA”) of 20 September 2018 in which the latter had imposed € 199 000 fine on Sanicorse for having abused its dominant position on the market for infectious clinical waste (...)

The Cypriot Competition Authority issues a decision imposing a fine of €33K on a local authority for excessively pricing its water supply services for livestock productions (Community Council of Kokkinotrimithia)
ServPRO Accountants & Consultants (Nicosia)
9 contributions 1590 visits
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Trojan Economics (Nicosia)
Cyprus 11 contributions 2238 visits
Introduction On 14 October 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €33,843.81 on the Community Council of Kokkinotrimithia (“CCK”) for a violation of Section 6(1)(a) of the Protection of Competition Law (Law 13(I)/2008), as (...)

The Italian Competition Authority opens an abuse of dominance investigation into orphan drugs pricing (Leadiant Biosciences / Farmaco per la cura della Xantomasi cerebrotendinea)
Municipality of Cagliari
167 contributions 133140 visits
On 8 October 2019 the Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation against several pharmaceutical companies belonging to the Leadiant group. The ICA’s attention was drawn by the selling prices applied by the parties to an orphan drug because it feared that (...)

The Mauritian Competition Authority orders two multinational financial companies to reduce their banking interchange fees in order to promote competition (Visa / MasterCard)
ICC FraudNet (Johannesburg)
South Africa 7 contributions 4014 visits
Mauritius: Competition Commission orders VISA and MasterCard to lower interchange fees* On 13 August 2019, the Competition Commission of Mauritius (CCM) has, following a lengthy investigation, ordered VISA and MasterCard (Respondents) to reduce their banking interchange fees from 1% to 0,5%. (...)

The Antwerp Enterprise Court refers request for a preliminary ruling to the EU Court of Justice in excessive pricing case between festival organisers (SABAM)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52686 visits
On 10 May 2019, the Antwerp Enterprise Court (the “Court”) referred a request for a preliminary ruling to the Court of Justice of the European Union (the “ECJ”) in two separate cases between Belgian festival organisers Weareone. World BVBA (the organisers of Tomorrowland) and Wecandance NV (...)

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)
Cyprus 11 contributions 2238 visits
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ServPRO Accountants & Consultants (Nicosia)
9 contributions 1590 visits
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 (...)

The Danish Competition Authority issues a study on excessive pricing in pharmaceutical markets
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35901 visits
Excessive Pricing in Pharmaceutical Markets* Intervention against possible exploitative and excessive prices should always be considered carefully. However, the dynamics of pharmaceutical markets makes it particularly relevant for competition authorities to prioritise cases on unfair (...)

The Turkish Competition Authority finds that a distributor and aftersales service provider of cancer diagnosis and treatment devices abused its dominant position through excessive pricing and refusal to supply (Radontek Medikal / Duzey)
ACTECON (Istanbul)
Turkey 23 contributions 3941 visits
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DPO Consultancy (‘s-Hertogenbosch)
Netherlands 4 contributions 673 visits
On 1 February 2019, Turkish Competition Authority (“TCA”) published its reasoned decision regarding the full-fledged investigation conducted against Radontek Medikal İthalat İhracat San. ve Tic. Ltd. Şti. (“Radontek Medikal”) upon a complaint submitted to the TCA by Düzey Tıbbi Sistemler (...)

The Danish Competition Appeals Tribunal upholds the decision fining a pharmaceutical distributor for excessive pricing (CD Pharma)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65820 visits
On 29 November 2018, the Danish Competition Appeals Tribunal upheld a 31 January 2018 decision of the Danish Competition Authority (“DCA”) finding that CD Pharma abused its dominant position on the Danish market by charging excessive prices for the sale of oxytocin, a hormone that acts as a (...)

The Turkish Competition Authority fines an online platform service provider for excessive pricing (Sahibinden.com)
Boğaziçi University (Istanbul)
Turkey 7 contributions 2211 visits
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ACTECON (Istanbul)
Turkey 12 contributions 4219 visits
The Turkish Competition Authority (“TCA”) fined Sahibinden.com (online platform service provider) approx. EUR 1,525,801 for excessive pricing. The TCA initiated two full-fledged investigations against Sahibinden.com back in 2017. Consequently, the TCA concluded on 1 October 2018 that (...)

The Turkish Court of Ankara annuls a decision of the Competition Authority which contains controversial issues such as market power provided by digital platforms and excessive pricing (Sahibinden.com)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75782 visits
Introduction Decision numbered 2019/946 E., 2019/2625 K. of the 6 th Administrative Court of Ankara (“Annulment Decision”) is critical since it has annulled the Competition Authority's (“Authority”) Sahibinden.com Decision numbered 18-36/584-285 and dated 01.10.2018 (“Sahibinden (...)

The Turkish Competition Authority finds that a real estate and vehicle sales online platform abused its dominant position through implementing excessive prices (Sahibinden.com)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 11 contributions 2795 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81194 visits
This case note analyses the Turkish Competition Board’s (“Board”) recently published Sahibinden.com decision of October 1st, 2018 numbered 18-36/584-285 in which the Board assessed whether Sahibinden Bilgi Teknolojileri Paz. ve Tic. A.Ş. (“Sahibinden.com”) –an online platform which acts as an (...)

The Cypriot Competition Authority sends a statement of objection to a community council over possible excessive pricing on the market of water supply (Community Council of Kouklia)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8456 visits
The Commission for the Protection of Competition announces that it has notified a Statement of Objections to the Community Council of Kouklia regarding a prima facie infringement of Section 6(1)(a) of the Protection of Competition Laws of 2008 and 2014.* The Commission for the Protection of (...)

The French Competition Authority fines an undertaking for excessive pricing in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse)
French Competition Authority (Paris)
France 741 contributions 395062 visits
Management of infectious medical waste generated by healthcare activities* The Autorité de la concurrence has fined the company Sanicorse for increasing abruptly, significantly, durably and in an unjustified manner the waste disposal prices it charged hospitals and clinics in Corsica. The (...)

The Austrian Supreme Court confirms that charging different prices for tickets booked via a global distribution system depending on the location of the customer/travel is abusive (Lufthansa)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
Austria 2 contributions 240 visits
Introduction On 17 July 2018 the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Kartellobergericht; hereinafter: “Supreme Court”) confirmed a cease and desist order prohibiting Lufthansa from abusing its dominant position by charging different ticket prices based on (...)

The Ukrainian Supreme Court affirms the Appeal Court’s decision and upholds the right of a party to claim for damages arising from a competition law violation in the market for cargo transportation (Nibulon / Ukrzaliznytsya)
Asters (Kiev)
Ukraine 3 contributions 81 visits
Brief summary of facts In 2013, the AMC rendered a decision (upon relevant complaint of Nibulon, a Ukrainian agricultural company specializing in production and export of grains wheat, barley, corn), according to which Ukrzaliznytsya was fined for abuse of dominance in the market of cargo (...)

The Russian Competition Authority reduces prices on 11 medicines of a dominant pharmaceutical company from the list of vital and essential medicines (AstraZeneca)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55739 visits
FAS reduced prices on 11 medicines of “Astrazeneca” from the list of vital and essential medicines* Prices for the medicines aimed at treating socially important diseases reduced on average 12 to 92% As a result of a constructive dialogue between FAS and “AstraZeneca” the maximum ex-works (...)

The Moldovan Competition Authority prosecutes a grain storage operator for exploitative abuse of dominance in the form of discriminatory tariffs (Cereale Cupcini)
University of Macau - Faculty of Law
China 284 contributions 224955 visits
On 14 June 2018, the Competition Council of the Republic of Moldova (CC) has found that grain storage operator Cereale Cupcini SA has abused its dominant position by imposing excessive and discriminatory tariffs for loading/unloading services at its storage facilities. The CC’ investigation (...)

The UK Competition Appeal Tribunal announces its provisional judgment in an appeal against the Competition Authority’s infringement decision in an excessive price case (Pfizer / Flynn)
White & Case (Brussels)
Belgium 57 contributions 57310 visits
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White & Case (Brussels)
Belgium 38 contributions 65544 visits
I. Introduction In the last couple of years, there has been a trend for antitrust watchdogs around the world to investigate excessive pricing, especially in the pharmaceutical sector. Last year, the European Commission opened its first investigation into excessive pricing in the (...)

The UK Competition Appeal Tribunal finds an incorrect application of the legal test for dominance and quashes the Competition Authority’s record fines imposed on two pharmaceutical companies for charging excessive prices for an anti-epilepsy drug (Pfizer / Flynn)
MemeryCrystal (London)
United States 12 contributions 2975 visits
EXCESSIVE PRICE? COMPARED TO WHAT?* On 7 June 2017, the Competition Appeal Tribunal (“CAT”) set aside parts of the Competition & Market Authority’s (“CMA”) decision in relation to the CMA’s finding that Pfizer and Flynn charged excessive and unfair prices for phenytoin sodium capsules (...)

The UK Competition Appeal Tribunal partially sets aside the Competition Authority’s decision that fined two undertakings nearly £90 million for charging unfairly high and excessive prices for anti-epilepsy drugs (Pfizer / Flynn)
Freshfields Bruckhaus Deringer (London)
Royaume-Uni 11 contributions 1816 visites
On 7 June 2018, the UK’s Competition Appeal Tribunal (CAT) partially set aside the Competition and Market Authority’s (CMA’s) decision fining Pfizer and Flynn nearly £90 million for charging unfairly high, or excessive, prices for phenytoin sodium capsules (an anti-epilepsy drug) in breach of (...)

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)
United Kingdom 6 contributions 1267 visits
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Norton Rose Fulbright (London)
United Kingdom 1 contribution 275 visits
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 German Competition Authority considers that an abuse of dominance investigation is not justified in a case where a dominant airline company significantly increased prices on certain routes where it had a monopoly (Lufthansa)
German Competition Authority (Bonn)
Allemagne 447 contributions 113759 visites
Lufthansa tickets 25-30 per cent more expensive after Air Berlin insolvency – "Price increase does not justify initiation of abuse proceeding"* After the insolvency of Air Berlin, Lufthansa held a monopoly position for a few months on some German domestic routes. After receiving numerous (...)

The EU Commission accepts the commitments offered by an oil and gas company to enable the free flow of gas in CEE gas markets at competitive prices (Gazprom)
IPR University Center (Helsinki)
Finland 29 contributions 5430 visits
The European Commission Settles the Long-running Antitrust Case with Gazprom by Agreeing on Commitments* After almost seven years, the European Commission (“Commission”) settled its long-running antitrust case with the Russian energy giant, PJSC Gazprom and its wholly-own subsidiary Gazprom (...)

The EU Commission accepts commitments to settle an investigation into conduct affecting Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65820 visits
On 24 May 2018, the Commission adopted a decision accepting a number of commitments from Gazprom to address the Commission’s competition concerns regarding conduct by Gazprom that allegedly restricted the free flow of gas at competitive prices in Central and Eastern European gas markets. The (...)

The Brussels Commercial Court’s President rules that a collecting society abuses its dominant position through its pricing practice (SABAM)
Simmons & Simmons (Brussels)
Belgium 21 contributions 15863 visits
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Simmons & Simmons (Brussels)
Belgium 5 contributions 1553 visits
Since 2017 , SABAM increased its tariffs for concerts and music festivals to 17% for average-sized festivals and 37% for large festivals, with the pricing for small festivals remaining the same. As a result, several festivals and the federation of Flemish music festivals sued SABAM. The (...)

The Serbian Competition Authority investigates the largest cable distribution system operator for excessive pricing (Serbia Broadband)
Karanovic & Partners (Belgrade)
Serbia 6 contributions 234 visits
On 27 March 2018, the Serbian Commission for Protection of Competition (“Commission“) initiated investigation against Serbia Broadband (“SBB“), the largest Serbian cable distribution system operator for alleged abuse of dominant position by charging excessive prices. SBB raised prices of (...)

The Danish Competition Authority fines a pharmaceutical company for abuse of dominance by charging unfair prices (CD Pharma)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35901 visits
CD Pharma has abused its dominant position by increasing their price by 2,000 percent* On 31 January 2018, the Danish Competition Council (“DCC”) ruled in a case concerning CD Pharma’s (a pharmaceutical distributor) abuse of dominant position by charging unfair prices for the drug (...)

The Chinese Supreme People’s Court finds no abuse of dominance in the central heating market (Bayannuer Sunshine Energy / Linhe Thermal Power Plant / Northern United Electric Power)
Beijing Foreign Studies University
China 2 contributions 683 visits
Identification and Abuse Analysis of Market Dominance of Public Utilities: Thoughts of the Supreme People’s Court of China on Antitrust Litigation of Heating Units In December 2017, the Supreme People’s Court of China decided to reject the retrial application of Sunshine Energy Co., Ltd. in (...)

The UK Competition Authority accuses a pharmaceutical company of having abused its dominant position (Concordia)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
Drug company accused of abusing its position to overcharge the NHS* The CMA has provisionally found that Concordia abused its dominant position to overcharge the NHS by millions for an essential thyroid drug. The Competition and Markets Authority (CMA) has been investigating how much the (...)

The EU Court of Justice delivers a ruling on excessive pricing in a case involving a copyright management association (AKKA / LAA)
Boğaziçi University (Istanbul)
Turkey 7 contributions 2211 visits
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ACTECON (Istanbul)
Turkey 4 contributions 662 visits
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 clarifies the concept of unfair price under article 102 TFEU (AKKA / LAA)
Covington & Burling (London)
United Kingdom 6 contributions 1420 visits
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CMS DeBacker (Brussels)
Belgium 2 contributions 3150 visits
Welcome clarifications by the EU Court on the concept of excessive pricing* On the 14 September, the Court of Justice of the European Union provided detailed guidance on the concept of excessive pricing under Article 102 TFEU, in response to questions posed by the Latvian Supreme Court. In (...)

The EU Court of Justice accepts an alternative to the United Brands test to establish excessive pricing (AKKA / LAA)
Municipality of Cagliari
167 contributions 133140 visits
On replying to the preliminary questions referred by the Supreme Court of Latvia (SCL), in AKKA v LAA the CJEU has accepted a methodology other than the two-limb United Brands test to establish an excessive pricing practice. The CJEU also clarifies the criteria to set the amount of the fine (...)

The Italian Regional Administrative Court for Latium upholds the infringement decision made by the Competition Authority against a pharmaceutical laboratory for excessive pricing (Aspen)
Municipality of Cagliari
167 contributions 133140 visits
By the judgement handed down in Aspen v AGCM , the Regional Administrative Court of Latium (the Court) has recently determined the appeal lodged by a South African manufacturer of generic drugs, Aspen, against the 2016 decision made by Italian Competition Authority (ICA), rejected all the (...)

The EU Commission opens formal investigation into a pharmaceutical company for excessive pricing practices (Aspen Pharma)
European Commission - DG COMP (Brussels)
Belgique 1337 contributions 2820841 visites
Antitrust: Commission opens formal investigation into Aspen Pharma’s pricing practices for cancer medicines* The European Commission has opened a formal investigation into concerns that Aspen Pharma has engaged in excessive pricing concerning five life-saving cancer medicines. The Commission (...)

The Chinese High Court of Shanghai dismisses a damages claim against a government designated auction house over an alleged abuse of dominant position (Pan Yao / Shanghai International Commodity Auction)
King & Capital Law Firm (Beijing)
China 5 contributions 85 visits
Brief summary of facts The claimant was a resident of Shanghai and began to participate in the vehicle licence plates auction for his motor vehicle since 2016. The defendant was the only auction house for the city’s non-business vehicle licence plates designated by the Shanghai municipal (...)

The Turkish Competition Authority is to clarify the methods for determining whether the pricing is excessive (Sahibinden.com)
Boğaziçi University (Istanbul)
Turkey 7 contributions 2211 visits
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ACTECON (Istanbul)
Turkey 4 contributions 662 visits
I. Introduction Turkey, being under the obligation to harmonise its laws with the EU rules, naturally draws lessons from the European Commission’s practice and Court of Justice of the EU (CJEU)’s precedents. The recent judgement of the in AKKA/LAA case clarifying the methods for (...)

The EU Court of Justice AG Wahl offers guidance on the criteria to identify excessive prices in abuse of dominance case (AKKA / LAA)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65820 visits
On 6 April 2016, Advocate General (“AG”) Wahl gave an opinion advising the European Court of Justice (“ECJ”) on the criteria to determine whether a Latvian royalty collecting society had abused its dominant position by charging excessive prices in breach of Article 102(a) TFEU. The matter came (...)

The Chinese Administration for Industry and Commerce of Hubei Province decides that a company attained market dominance through multiple contractual arrangements (Xinxing Jingying Pharmaceuticals)
Global Law Office (Beijing)
China 3 contributions 948 visits
From 2015 to 2017, Wuhan Xinxing Jingying Pharmaceuticals, LLC ("Xinxing Pharmaceuticals") monopolized methyl salicylate active pharmaceutical ingredients (APIs) market of China through multiple contractual arrangements. In January 2017, Xinxing Pharmaceuticals was fined RMB2.2 million by the (...)

The Spanish Competition Authority opens an investigation for possible abusive practices consisting of a refusal to supply certain pharmaceuticals and for excessive prices (Aspen)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46219 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3949 visits
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Callol, Coca & Asociados (Madrid)
Spain 43 contributions 3210 visits
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On 3 February 2017, the SCA has initiated proceedings against Aspen Pharma Ireland Ltd, Aspen Pharmacare Holdings Limited and Aspen Pharma Trading Limited (Aspen) for possible abusive practices consisting on a refusal to supply certain pharmaceuticals and for excessive prices. The SCA also (...)

The UK Competition Authority provisionally finds that a pharmaceutical company has broken competition law by charging excessive prices to the NHS for hydrocortisone tablets (Actavis)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
Pharmaceutical company accused of overcharging NHS* The pharmaceutical company Actavis UK (formerly Auden Mckenzie) has increased the price of 10mg hydrocortisone tablets by over 12,000% compared to the branded version of the drug which was sold by a different company prior to April 2008. (...)

The UK Competition Authority fines two pharmaceutical companies for charging excessive prices concerning an anti-epilepsy drug (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA fines Pfizer and Flynn £90 million for drug price hike to NHS* The CMA has fined pharma companies Pfizer and Flynn Pharma nearly £90 million for charging excessive prices to the NHS for an anti-epilepsy drug. The Competition and Markets Authority (CMA) has imposed a record £84.2 (...)

The UK Competition Authority publishes full decision on excessive pricing in the pharmaceutical sector and focuses on intention and evidence (Pfizer / Flynn)
Burges Salmon (London)
United Kingdom 4 contributions 2331 visits
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Agoda
12 contributions 4169 visits
The CMA’s decision relies heavily on evidence of the parties’ intentions in applying competition rules. On 15 June 2017, the UK Competition and Markets Authority (CMA) published the full non-confidential version of its decision to fine Pfizer and Flynn a record £84.2m for their excessive and (...)

The Turkish Competition Authority imposes administrative monetary fine on an expo centre operator for abuse of dominance through refusal to deal (Congresium)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81194 visits
This case note analyses the Turkish Competition Board’s (“Board”) Congresium ATO decision dated 27.10.2016 and numbered 16-35/604-269. The Board’s decision comes following the judgment of the Ankara 3rd Administrative Court which annulled the Board’s previous decision with respect to the same (...)

The Italian Competition Authority fines €5 million a company for excessive pricing abuses in the pharmaceuticals sector (Aspen)
Portolano Cavallo (Milan)
Italy 63 contributions 9829 visits
On 29 September 2016, the Italian Competition Authority (the AGCM or ICA) fined the Aspen Group (Aspen) €5m for a violation of article 102(a) of the Treaty on the Functioning of the European Union. The ICA upheld in particular that the manner and level at which Aspen renegotiated prices for a (...)

The Danish Maritime and Commercial High Court rules on excessive pricing concerning the delivery of electricity (ELSAM III)
University of Copenhagen - Faculty of Law
Denmark 10 contributions 4201 visits
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Accura (Copenhagen)
Denmark 3 contributions 1364 visits
Summary of the case In an August 2016 ruling the Danish Maritime and Commercial High Court (Sø- & Handelsretten) confirmed that the Danish energy incumbent DONG Energy A/S (“DONG”) had infringed Article 102 and the Danish equivalent by charging excessive prices for the delivery of (...)

The Latvian Competition Authority fines an operator of a regional bus terminal for excessive pricing (Rēzeknes autoosta)
Latvian Competition Council (Riga)
Latvia 122 contributions 23795 visits
The CC finds Unreasonably High Fees for the Entrance of a Bus Terminal* On 25 May, the Competition Council (CC) of Latvia imposed a fine in the amount of 4026.53 EUR and legal obligation on SIA Rēzeknes autoosta, which is an operator of a regional bus terminal in Rēzekne. The CC found that (...)

The Turkish Competition Authority takes legal action against an undertaking for abuse of dominance and restrictive agreements (Soda Sanayii)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81194 visits
Introduction On April 20 2016 the Turkish Competition Board published reasoned Decision 16-14/205-89, following its preliminary investigation into allegations that Soda Sanayii AŞ had violated: Article 6 of Law 4054 on the Protection of Competition by abusing its dominant position in the (...)

The Court of Milan rejects abuse of dominance claims while comparing the charges imposed by a major telecoms provider with the market charges (Eutelia / Vodafone Omnitel)
White & Case (Milan)
Italy 4 contributions 67 visits
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White & Case (Milan)
Italy 16 contributions 18747 visits
Brief summary of facts A company offering telecommunications services brought damages action against a major telecommunications provider on the allegation that the latter was charging the former excessively for the service provided, compared with the charges internal to the (...)

The Montenegrin Competition Authority finds an abuse of dominance by local water supply company (DOO Vodovod I kanalizacija)
BDK (Podgorica)
Montenegro 17 contributions 1412 visits
In a decision adopted on 24 March 2016, the Montenegrin Agency for Protection of Competition (“Agency“) found that the local water supply company from Budva “DOO Vodovod i kanalizacija” abused its dominant position on the market for water supply and waste water treatment and conduct on the (...)

The UK Competition Authority issues a provisional decision on remedies to increase competition in the private healthcare market (HCA)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA’s private healthcare provisional decision on remedies* The CMA has provisionally found that likely changes in London’s private healthcare market mean that extra remedies would not be proportionate. In April 2012, the Competition Commission, a predecessor body of the Competition and (...)

The German Competition Authority agrees to a settlement with a municipal utility, which has charged excessive water prices to its customers (Wuppertal municipal utility)
German Competition Authority (Bonn)
Allemagne 447 contributions 113759 visites
Excessive water prices - Wuppertal municipal utility has to refund 15 million euros to customers* On account of the excessive water prices charged by the Wuppertal municipal utility, the Bundeskartellamt has agreed a settlement with WSW Energie und Wasser AG, by which the latter will refund (...)

The Indian Competition Authority closes its investigation into abuse of dominance by the national railway company and associated catering and hospitality company, finding no infringement (Indian Railways / IRCTC)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42166 visites
CCI closes case against Indian Railway Catering and Tourism Corporation (IRCTC) and Ministry of Railways for alleged abuse of dominance* The CCI by its order dated August 10, 2015 has closed a case alleging abuse of dominance by IRCTC along with Ministry of Railways. The Informants had (...)

The UK Competition Authority issues statements of objection to a pharmaceutical company and its distributors suspected of abuse of dominance in the market of phenytoin sodium capsules (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA issues statement of objections to Pfizer and Flynn Pharma in anti-epilepsy drug investigation* The CMA has today issued a statement of objections to the pharmaceutical suppliers Pfizer and Flynn Pharma alleging that they have breached competition law. The Competition and Markets (...)

The Bulgarian Competition Authority fines three power distribution companies for abusing their dominant market positions by imposing excessive prices to cable operators (CEZ / EVN / Energo Pro)
Mondelez (Sofia)
Romania 8 contributions 2947 visits
On May 27, 2015 the Bulgarian Commission for Protection of Competition adopted three separate decisions imposing sanctions on each of the three power distribution companies, and namely CEZ Distribution Bulgaria AD , EVN Bulgaria Electrical Distribution AD and ENERGO-PRO Grids AD for abusing (...)

The Belgian Competition Authority closes its investigation against an electricity supplier after finding no infringement of the competition rules (Electrabel / Lampiris)
Belgian Competition Authority (Brussels)
Belgique 108 contributions 22849 visites
The Investigation and Prosecution Service of the Belgian Competition Authority closes its investigation regarding the incorporation by Electrabel of the opportunity cost of greenhouse gas emission allowances it had received free of charge in its wholesale price for electricity.* In a (...)

The Chinese NDRC targets price-related illegal conducts in the pharmaceutical sector
King & Wood Mallesons (Beijing)
China 36 contributions 23208 visits
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Ruimin (Shanghai)
China 7 contributions 3642 visits
NDRC Targets Price-related Illegal Conducts in the Pharmaceutical Sector* On May 4, 2015, the NDRC published Notice on Reinforcing Supervision over Medical Prices (“Notice”). In the Notice, the NDRC issued a range of specific opinions on the supervision over medical price, including (...)

The Hague District Court dismisses excessive pricing claim against former legal monopolist publisher (Stichting SDU Gedupeerden / SDU Uitgevers)
FedEx (Memphis)
United States 1 contribution 283 visits
On 4 March 2015, the The Hague district court ruled on an excessive pricing claim brought against SDU, a former legal monopolist and a publisher of government and company information . Applying the United Brands test, the district court finds that neither the price-cost limb nor the price (...)

The Italian Competition Authority opens an Article 102 TFEU investigation against a producer of generic drugs (Incremento Prezzo Farmaco-Aspen)
Municipality of Cagliari
167 contributions 133140 visits
In the case Incremento Prezzo Farmaco-Aspen (Aspen) the Italian Competition Authority (ICA) has recently opened an Article 102 TFEU investigation against Aspen, a South African manufacturer of generic drugs . Aspen was alleged to have abused its dominance position by imposing excessive prices (...)

The Indian Competition Authority issues an order on the emerging jurisprudence of interface between intellectual property and competition law (HT Media / Super Cassettes)
Jindal Global University (Sonipat)
India 4 contributions 1443 visits
On October 1, 2014, Competition Commission of India (CCI) gave its final order on a yet another case making some vital contributions to the shaping of the law on the emerging jurisprudence of interface between intellectual property and competition law regimes in India. While this case sets a (...)

The Indian Competition Authority opens investigation into abuse of dominant position by state electricity distributor (VIA / MSEDCL)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42166 visites
CCI orders investigation against MSEDCL for market abuse* Pursuant to an information filed by Vidharbha Industries Association (VIA), CCI has directed DG to conduct an investigation into alleged abuse of dominant position by Maharashtra State Electricity Distribution Co. Ltd (MSEDCL). CCI (...)

The Belgian Competition Authority fines €2 million for excessive pricing on the markets for the production, wholesale and trade of electricity (Electrabel)
WilmerHale (Brussels)
Belgium 4 contributions 11048 visits
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Criteo (Barcelona)
Spain 1 contribution 399 visits
On 18 July 2014, the Competition College of the Belgian Competition Authority adopted a decision imposing a €2 million fine on Electrabel for abuse of dominant position contrary to Article 3 of the Belgian Competition Act and of Article 102 TFEU on the market for the generation, wholesale and (...)

The Belgian Competition Authority fines the incumbent operator for abuse of a dominant position for excessive pricing on the Belgian electricity market (Electrabel)
Covington & Burling (Brussels)
Belgium 14 contributions 5597 visits
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IP Porta (Gent)
Belgium 1 contribution 410 visits
I. The Parties Electrabel S.A. (‘Electrabel’) is the incumbent operator on the Belgian electricity market. Electrabel is the main producer of electricity. It is also active on the delivery market to end-consumers in Belgium. Elia is Belgium’s transmission system operator. It enjoys a legal (...)

The South African Competition Commission investigates abuse of dominance on the market for visa support services to foreign embassies (VFS Global)
Primerio (Johannesburg)
South Africa 22 contributions 5640 visits
Costly COMESA Courthouse, za investigates visa provider & holds ground on Sasol fine LOTS AAT news this Monday, from Sudan/COMESA to South Africa. Visa facilitator backed by one branch of government & investigated by another In substantive antitrust news, the South African (...)

The Hungarian Competition Authority accepts commitments concerning changes made to the gas oil wholesale listed prices about an allegation of abuse of dominance (MOL)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19105 visits
GVH has accepted commitments offered by the MOL* The Gazdasági Versenyhivatal (GVH, the Hungarian Competition Authority) has accepted commitments offered by MOL Magyar Olaj-és Gázipari Nyrt (MOL – the Hungarian Oil Company). According to the commitments, in the next 5 years the changes made (...)

The South African Competition Tribunal imposes fines for domestic excessive pricing of purified propylene and polypropylene (Sasol)
Primerio (Johannesburg)
South Africa 22 contributions 5640 visits
Costly COMESA Courthouse, za investigates visa provider & holds ground on Sasol fine LOTS AAT news this Monday, from Sudan/COMESA to South Africa. Visa facilitator backed by one branch of government & investigated by another In substantive antitrust news, the South African (...)

The Chinese NDRC announces the suspension of an investigation on abuse of dominance against a U.S. wireless technology developer after receiving detailed commitments (InterDigital Communications)
GEN Law (Beijing)
China 1 contribution 285 visits
Excessive pricing and standard-essential patents* On May 22 2014, China’s National Development and Reform Commission (NDRC) announced the suspension of the investigation against Inter Digital Communications (IDC), a US wireless technology developer, as the company had submitted detailed (...)

The Lithuanian Competition Authority concludes an important investigation into the suspected abuse of dominance in the sector for road transportation (LINAVA)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20179 visits
Competition Council’s investigation encourages the Association LINAVA* The Competition Council (the KT) terminated the investigation into the actions by the Lithuanian National Road Carriers Association LINAVA (the Association). Allegedly, the Associations had breached Article 7 of the Law (...)

The Lisbon Court of Appeal revises an arbitral award in a dispute between the national pharmacy association and an information technology company (Associação Nacional de Farmácias and Farminveste / IMS Health)
University of Lisbon
Portugal 18 contributions 10579 visits
Replacing a previous contract, the National Pharmacy Association (ANF) executed a contract with IMS Health in 2008, by which it transmitted to the latter data on purchases in its associated pharmacies, in exchange for remuneration. This data was used to provide pharma market intelligence in a (...)

The Russian Competition Authority fines a transport company for excessive pricing (Khabarovsk)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55739 visits
Khabarovsk OFAS punished “FPK” OJSC for fixing monopolistically high prices and creating discriminatory conditions in transportation* The Office of the Federal Antimonopoly Service in the Khabarovsk region (Khabarovsk OFAS Russia) fined “Federal Passenger Company” OJSC (“FPK” OJSC) over 1.5 (...)

The Indian Competition Authority starts investigation into abuse of dominance by the national railway company and associated catering and hospitality company (Indian Railways / IRCTC)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42166 visits
Investigation into Indian Railways and IRCTC for abusive practices* The Competition Commission has initiated an investigation against Indian Railways and Indian Railway Catering and Tourism Corporation (IRCTC) for abusing its dominant position. The informant had alleged that IRCTC was (...)

The Dutch Competition Authority decides not to take further action against a credit card company following the adjustment of the interbank tariffs for domestic credit-card payments (MasterCard)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35095 visits
ACM: MasterCard lowers tariffs for credit card payments* Over the next two years, financial-services company MasterCard will lower the tariffs that banks charge each other for processing domestic credit-card payments. As a result, businesses such as in retail and the hospitality industry (...)

Mergers

 The Romanian Competition Authority launches for public debate the commitments of a car manufacturing company following a finding of infringement for abuse of dominance (Volvo Romania)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27892 visits
The Competition Council launches for public debate the commitments proposed by Volvo Romania* The Competition Council launches for public debate the commitments proposed by Volvo Romania in order to remove the competition concerns related to the investigation on a potential abuse of dominant (...)

The EU Commission prohibits a merger between two South Korean shipbuilders as it would have created a dominant position for the newly merged company and reduced competition in the worldwide market for the construction of large liquefied gas carriers (DSME / HHIH)
European Commission - DG COMP (Brussels)
Belgium 1337 contributions 2820841 visits
Mergers: Commission prohibits proposed acquisition of Daewoo Shipbuilding & Marine Engineering by Hyundai Heavy Industries Holdings* The European Commission has prohibited, under the EU Merger Regulation, the acquisition of Daewoo Shipbuilding & Marine Engineering CO., Ltd (DSME) by (...)

The US FTC sues to block a $40 billion merger between a chip supplier and a chip design provider (Nvidia / Arm)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40304 visits
FTC Sues to Block $40 Billion Semiconductor Chip Merger* Vertical deal between chip supplier Nvidia and chip design provider Arm would allow combined firm to stifle competing next-generation technologies The Federal Trade Commission today sued to block U.S. chip supplier Nvidia Corp.’s $40 (...)

The US FTC sues to block a $40 billion merger between a leading computing company and a vertically relevant semiconductor company (Nvidia / Arm)
Constantine Cannon (New York)
United States 4 contributions 979 visits
FTC Seeks to Maintain the Neutrality of the “Switzerland” of the Computing Industry by Suing to Block Nvidia’s Deal to Buy Arm The Federal Trade Commission launched a battle to preserve competition in multiple computing markets last week with the filing of a complaint seeking to block Nvidia (...)

The Canadian Competition Authority obtains court orders obliging companies to communicate information related to the provision of waste disposal services for its challenge of a merger between suppliers of oil and gas waste services (Secure / Tervita)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10653 visits
Competition Bureau obtains court orders related to its challenge of Secure’s acquisition of Tervita* The Competition Bureau has obtained court orders to further inform its challenge of Secure Energy Services Inc.’s acquisition of Tervita Corporation before the Competition Tribunal. The (...)

The UK Competition Authority reassesses a merger in the activewear sector and provisionally finds that it raises competition concerns (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
Competition concerns remain over JD Sports merger* The CMA has provisionally found JD Sports’ takeover of Footasylum could lead to a worse deal for shoppers, after reassessing the merger. Following the CMA’s final decision to block the merger between JD Sports and Footasylum in May 2020, (...)

The Hungarian Competition Authority investigates a merger between two companies engaged in the wholesale of electrical products affecting the construction sector (Sonepar Magyarország Kereskedelmi és Szolgáltató / Újfa-Vill Kereskedelmi)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19106 visits
The GVH is investigating a foreign acquisition in the construction industry* The Hungarian Competition Authority (GVH) has initiated a proceeding to investigate a merger of undertakings engaged in the wholesale of electrical products, which affects construction industry development projects (...)

The US DoJ announces that two automotive-parts suppliers will restructure their merger in light of competition concerns (Tupy / Teksid)
US Department of Justice (Washington)
United States 176 contributions 74673 visits
Major International Automotive-Parts Suppliers Restructure Deal to Resolve Antitrust Concerns* Auto parts supplier Tupy agreed to restructure its acquisition of Teksid after the Department of Justice raised concerns that the merger would result in higher prices and reduced quality and (...)

The US FTC orders the divestiture of hundreds of shops following the acquisition of a retail fuel chain by the largest national convenience store chain (7-Eleven / Speedway)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40304 visits
FTC Orders the Divestiture of Hundreds of Retail Stores Following 7-Eleven, Inc.’s Anticompetitive $21 Billion Acquisition of the Speedway Retail Fuel Chain* Proposed order prohibits 7-Eleven from enforcing noncompete provisions for franchisees or employees working at or doing business with (...)

The US FTC announces the formation of a working group to examine the US, Canada, UK, and EU agencies’ approach to mergers in the pharmaceutical sector
CPR Institute (New York)
United States 3 contributions 10909 visits
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University of Cincinnati Foundation (Cincinnati)
United States 3 contributions 602 visits
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Norton Rose Fulbright (Ottawa)
Canada 3 contributions 408 visits
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This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 16, the US Federal Trade Commission, US Department of Justice, offices of US state Attorneys General, the Canadian Competition Bureau, the European (...)

The UK Competition Authority requires national ticket exchange and resale company to sell secondary ticketing platform’s international business to address competition concerns (Viagogo / StubHub)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
CMA requires viagogo to sell StubHub’s international business* The CMA is requiring viagogo to sell all of StubHub’s business outside North America after its in-depth investigation identified competition concerns. The Competition and Markets Authority (CMA) has concluded that the merger (...)

The UK Competition Authority finds that a titanium dioxide pigment producer’s anticipated purchase of chloride slag supplier raises competition concerns (TTI / Tronox)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
Metallurgy buyout raises competition concerns* The CMA has found that Tronox’s anticipated purchase of TTI raises competition concerns in the supply of chloride slag and titanium dioxide pigment. Both companies are involved in the supply of materials used in the production of titanium (...)

The Spanish Competition Authority rules that a pay-TV operator should compensate its competitors for the excess payments for the rental of pay-tv channels, in the context of monitoring proceedings of a merger decision (Telefonica / DTS)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46219 visits
The NMCC has ordered Telefonica to compensate its competitors Vodafone, Telecable and Total Channel for the excessive wholesale prices paid for football channels Canal+ Liga and Canal+ Partidazo in the season 2015/2016. This order is in the context of monitoring proceedings of the merger (...)

State Aid

 The EFTA Surveillance Authority approves a Norwegian grant scheme for businesses particularly affected by severe increases in energy prices
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27965 visits
ESA approves Norwegian grant scheme for businesses particularly affected by severe increases in energy prices* The EFTA Surveillance Authority (ESA) has today approved a grant scheme for businesses in Norway that are particularly affected by severe increases in energy prices that have (...)

The EU Court of Justice rules on how to determine a market price, blurring the lines of its own case law (BVVG / Landkreis Jerichower Land in Germany)
Maastricht University
Belgium 353 contributions 64221 visits
The Challenge of Calculating a Market Price* The market price of land or buildings can be determined via auction, expert valuation or other appropriate methods. Introduction On 16 July 2015, the Court of Justice delivered its judgment in case C‑39/14, BVVG Bodenverwertungs- und (...)

Procedures

 The EU Court of Justice hands down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on the jurisdiction, recognition, and enforcement of judgments in civil and commercial matters (RH / Volvo)
Van Bael & Bellis (Brussels)
Belgium 11 contributions 5860 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 7619 visits
On 15 July 2021, the Court of Justice of the European Union (“ECJ”) handed down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (...)

The European Competition Network issues a joint statement on the application of competition law during the COVID-19 crisis, including allowing companies cooperation to meet demand, and reminding that excessive pricing will be sanctioned
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218029 visits
Antitrust: Joint statement by the European Competition Network (ECN) on application of competition law during the Corona crisis* The ECN is fully aware of the social and economic consequences triggered by the COVID-19 outbreak in the EU/EEA. The different EU/EEA competition instruments have (...)

The European Competition Network issues a general joint statement on the application of competition rules during the COVID-19 outbreak
Dechert (Paris)
France 21 contributions 26449 visits
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Dechert (Brussels)
Belgium 26 contributions 35613 visits
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Dechert (Paris)
France 47 contributions 68736 visits
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Key Takeaways Following several individual initiatives by member state competition authorities to temporarily relax competition rules in specific sectors, the European Competition Network (which includes the European Commission and all member state competition authorities) has issued a more (...)

The European Competition Network assists and advises companies on the application of the competition rules during the COVID-19 crisis
Crowell & Moring (Brussels)
Belgium 1 contribution 205 visits
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Crowell & Moring (Washington)
United States 1 contribution 205 visits
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Crowell & Moring (Brussels)
Belgium 2 contributions 2282 visits
European Competition Authorities Provide Guidance on Application of Competition Rules in Times of COVID-19* As the economy in Europe is facing serious challenges due to the COVID-19 outbreak, the European competition authorities are ready to assist and advise companies on the application of (...)

The European Competition Network publishes a brief joint statement on the application of competition law during the COVID-19 crisis
Orrick, Herrington & Sutcliffe (Brussels)
Belgium 3 contributions 806 visits
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Orrick, Herrington & Sutcliffe (Paris)
France 18 contributions 26120 visits
In a welcomed attempt to align their approaches, the antitrust enforcers of the European Competition Network (ECN) have published a brief joint statement on the application of competition law during the Covid-19 crisis. If one may regret that its content remains too high-level, it is an (...)

The World’s Authorities present steps to minimise the impact of COVID-19 on antitrust related issues that businesses may confront in the coming days of the outbreak
US Department of Justice (Washington)
United States 3 contributions 9883 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 2 contributions 8034 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 12 contributions 23417 visits
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I. INTRODUCTION The COVID-19 pandemic presents unprecedented issues for businesses and we recognize that antitrust is unlikely to be your most important concern at this time. However, some forethought may mitigate risk of future exposure, and position your business as well as possible in (...)

The German Regional Court of Munich determines that a parent and subsidiary cannot be sued for cartelisation for lack of standing, the parent due to privity of contract and the subsidiary because the liability of the parent cannot transfer to the subsidiary (Firetruck Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25084 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4341 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1348 visits
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Brief summary of facts The defendants produce fire engines and superstructures for fire engines; the second defendant is the subsidiary company of the first defendant. Claimant bought a fire engine from the subsidiary in 2010 and two vehicles from the parent company in 2008 and 2010. The (...)

The US Supreme Court affirms the right of app purchasers to sue an app company for monopolization under the indirect-purchaser rule of Illinois Brick as a rule of contractual privity rather than a rule of proximate cause (Apple / Pepper)
Willkie Farr & Gallagher (New York)
United States 2 contributions 169 visits
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Bernstein Litowitz Berger & Grossmann
2 contributions 169 visits
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Willkie Farr & Gallagher (New York)
United States 3 contributions 2457 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Apple Inc. v. Pepper, a 5-4 Supreme Court affirmed the right of app purchasers under the indirect-purchaser rule of Illinois Brick Co. v. Illinois to sue (...)

The US Supreme Court increases the risk that online marketplaces with exclusive rights to third-party products will not have a defense under the “indirect purchaser” doctrine (Apple / Pepper)
Baker Botts (San Francisco)
United States 2 contributions 130 visits
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Clifford Chance (Washington)
United States 11 contributions 2541 visits
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Baker Botts (Washington)
United States 1 contribution 73 visits
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On May 13, 2019, the U.S. Supreme Court issued a major antitrust decision in Apple v. Pepper, which could have far-reaching implications for retailers and platforms accused of monopolistic conduct. For example, the case increases the risk that any online marketplace with exclusive rights to (...)

The US Supreme court reaffirms the "direct purchaser" rule for private claims under federal antitrust laws but also allows for monopolization claims against a mobile app store owner (Apple / Pepper)
Clifford Chance (Washington)
United States 11 contributions 7853 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On May 13, 2019, the U.S. Supreme Court reaffirmed that private claims under the federal antitrust laws cannot be brought by "indirect purchasers" who did not (...)

The EU General Court rules on the conditions for applying a provision allowing NCAs and the Commission to reject complaints if they "have already been dealt with" by another member of the ECN (Easyjet)
European Commission - DG COMP (Brussels)
Belgium 3 contributions 1482 visits
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European Commission - DG COMP (Brussels)
Belgium 2 contributions 1170 visits
Introduction Regulation 1/2003 introduced close forms of cooperation between the Commission and national competition authorities (hereinafter referred to as “NCAs”) in the framework of the European Competition Network (hereinafter referred to as "ECN"), with a view to ensuring the effective (...)

Regulatory

 The South Korean Parliament passes a law prohibiting mobile app store operators from imposing particular payment systems on the apps hosted in their app stores, intended to prevent Big Tech firms from charging exorbitant commissions on in-app purchase revenues
U.S. Court of Appeals for the Ninth Circuit (Washington)
United States 1 contribution 27 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On August 31, 2021, South Korea passed a law prohibiting smartphone application (app) store operators from imposing particular payment systems on the apps (...)

The US Congress proposes a package of bills on drug pricing, including changes to the treatment of reverse payments, product hopping, sham petitions, and patent dancing
White & Case (New York)
United States 12 contributions 5922 visits
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White & Case (New York)
United States 7 contributions 2602 visits
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White & Case (New York)
United States 6 contributions 1695 visits
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What’s next for drug pricing in the US? Proposals to alter antitrust and patent laws may signal a renewed focus on drug pricing by federal lawmakers, while the growing web of state laws is expected to increase compliance challenges for the pharmaceutical industry. What’s changing? A new (...)

The South African Competition Authority publishes its regulation to expedite COVID-19 excessive and unfair pricing complaint referrals
Primerio (Johannesburg)
South Africa 3 contributions 291 visits
South Africa Competition Tribunal: Regulations published to expedite COVID-19 excessive and unfair pricing complaint referrals* On 3 April 2020, Minister Ebrahim Patel made amendments to section 27(2) of the Competition Act 89 of 1998 (“the Act”) with regards to the regulations pertaining to (...)

The Icelandic Competition Authority opens an information center as a response to the antitrust challenges posed by the current COVID-19 outbreak
Icelandic Competition Authority
8 contributions 1517 visits
On account of the COVID-19, consumers and businesses are confronted with unprecedented challenges. In response to these challenges, the Icelandic Competition Authority (ICA) has opened an information center where the following issues are addressed. 1- Exemptions from the ban to cooperate (...)

The Dutch Competition Authority publishes a sector report on the impact of biosimilars on competition between TNF-alfa inhibitors
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 11 contributions 5138 visits
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Bird & Bird (The Hague)
Netherlands 4 contributions 1410 visits
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Bird & Bird (The Hague)
Netherlands 34 contributions 8723 visits
Dutch competition authority ACM publishes a sector report on the impact of biosimilars on competition between TNF-alfa inhibitors* The Dutch competition authority, ACM, initiated a market study in 2018 into the effect of the introduction of biosimilars on the competition between TNF alfa (...)

The Dutch Competition Authority publishes a report on the market study about the effects on competition of the introduction of biosimilars
Bird & Bird (The Hague)
Netherlands 34 contributions 8723 visits
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KPN (Amsterdam)
Netherlands 33 contributions 7192 visits
On 24 September 2019 the Dutch Authority for Consumers and Markets (ACM) published its report on the 2018 initiated market study about the effects the introduction of biosimilars had on competition between TNF alfa inhibitors on the Dutch market. ACM did not establish violations of (...)

The French Competition Authority is asked for an opinion by the Government regarding the import and distribution of consumer goods in the French overseas departments
French Competition Authority (Paris)
France 741 contributions 395062 visits
French overseas territories* The Autorité de la concurrence has been asked for an opinion by the Government regarding the import and distribution of consumer goods in the French overseas departments The Ministry of Finance and Economy submitted a request, on behalf of the Government, to (...)

The Croatian Competition Authority issues an opinion forcing a professional association to align its pricelists with competition rules (Croatian association of forestry engineers)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19426 visits
Croatian association of forestry engineers must align its pricelists with competition rules* Based on the writing received from the Croatian Chamber of Forestry and Wood Technology Engineers the Croatian Competition Agency (CCA) issued its opinion on the proposed Ordinance on pricelists for (...)

The South African Ministry of Economic Development publishes its competition amendement Bill to create, enhance substantive provisions and focuses on two key structural challenges in the country
Herbert Smith Freehills (Johannesburg)
South Africa 4 contributions 513 visits
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Herbert Smith Freehills (Johannesburg)
South Africa 2 contributions 76 visits
On 1 December 2017, the Minister of Economic Development published the Competition Amendment Bill, 2017 (Bill) for public comment. The Bill seeks to create and enhance the substantive provisions of the Competition Act No. 89 of 1998 (as amended) (Act) and focuses on two key structural (...)

The French Competition Authority issues its opinions on the freedom of establishment for bailiffs and judicial auctioneers
French Competition Authority (Paris)
France 741 contributions 395062 visits
Freedom of establishment for bailiffs and judicial auctioneers - Application of the Framework resulting from the "Macron Law" of 6 August 2015* The Autorité de la Concurrence has drawn up maps showing where new offices could be located for bailiffs and judicial auctioneers It recommends the (...)

The German Competition Authority concludes an agreement with the utility supplier concerning the extension of the measures to lower the water prices for three more years until 2018 (BWB)
German Competition Authority (Bonn)
Germany 447 contributions 113759 visits
Measures to lower water prices in Berlin extended for three more years until 2018* Berliner Wasserbetriebe (BWB) is to extend measures to lower its water prices as ordered by the Bundeskartellamt for three more years until 2018. This is the result of a settlement between the company and the (...)

A German Higher Regional Court rejects the appeal filed by the supplier of water services confirming the applicability of competition law (BWB)
German Competition Authority (Bonn)
Germany 447 contributions 113759 visits
Düsseldorf Higher Regional Court confirms Bundeskartellamt decision on reduction of Berlin water prices* On 27 February 2014 the Düsseldorf Higher Regional Court has rejected the appeal filed by Berliner Wasserbetriebe (BWB) against the Bundeskartellamt’s decision of 4 June 2012. In this (...)