Excessive prices

Anticompetitive practices

The UK Competition Authority investigates a Big Tech company over suspected anti-competitive behaviour (Apple)
United Kingdom’s Competition Authority - CMA (London)
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 Hong Kong Competition Authority issues infringement notices to six hotel groups and a tour operator for facilitating cartel conduct
Ashurst (Singapore)
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 Hong (...)

The Czech Competition Authority fines a national sports equipment distributor for dictating prices to sellers (Abistore)
Czech Competition Authority (Brno)
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 referred (...)

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)
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Van Bael & Bellis (Brussels)
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 and (...)

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)
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 Polish Competition Authority fines a music manufacturer for setting minimum online resale prices (Yamaha Music Europe)
Van Bael & Bellis (Brussels)
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 distributors (...)

The Hellenic Competition Authority launches an investigation on health and hospital equipment during COVID-19 pandemic Free
Hellenic Competition Authority (Athens)
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 of (...)

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
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 its (...)

The South African Government issues six regulations amending the national Competition Act aimed to combat the outbreak of COVID-19 Free
Herbert Smith Freehills (Johannesburg)
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Herbert Smith Freehills (Johannesburg)
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Herbert Smith Freehills (Johannesburg)
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 Californian Attorney General as well as other national jurisdiction’s Attorneys Generals announce their intent to take action against unfair "price gouging" and the US DOJ focuses on public health products during the COVID-19 situation Free
Paul Weiss (New York)
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Paul Weiss (New York)
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Paul Weiss (Washington)
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 US Washington State Attorney General announces a price gouging investigation in the wake of COVID-19 public health emergency Free
Office of the Attorney General - Washington State
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, but we (...)

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

The Indian Competition Authority finds no violation in a cinema chain exclusively selling one beverage producer’s products (Inox / Coca-Cola)
Vaish Associates Advocates (New Delhi)
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 Ltd (...)

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

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

The UK Competition Authority extends its timetable of investigations on anti-competitive practices in the pharmaceutical sector
Rosenblatt Limited (London)
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 in (...)

The Russian Competition Authority opens a proceeding against a cartel that used auction robots (Egmed)
Russian Federal Antimonopoly Service (Moscow)
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 to (...)

The Chinese NDRC proposes new rules to deal with perceived anti-competitive practices in the pharmaceutical industry
Hogan Lovells (Beijing)
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
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Hogan Lovells (Beijing)
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University of Melbourne
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)
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 numerus (...)

The French Competition Authority launches a public consultation on its midpoint assessment concerning its investigation on the hearing aids sector
French Competition Authority (Paris)
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 actors (...)

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)
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 unlawful (...)

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)
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 Competition (“the (...)

The Israeli Restrictive Trade Practices General Director announces his intention to fine monopolies for charging excessive prices
Eshel, Ashlagi, Rozent (Tel Aviv)
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Eshel, Ashlagi, Rozent (Tel Aviv)
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
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 (...)

Dominance

The French Competition Authority rejects a referral filed by a national karaoke studio for lack of evidence (Singing Studio / Karafun)
French Competition Authority (Paris)
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 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)
DG COMP (Brussels)
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 Europe (...)

The EU Commission accepts a commitment to reduce the price of six cancer medicines by 73% in excessive pricing case in the pharmaceutical industry (Aspen)
Van Bael & Bellis (Brussels)
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 the commitment offered by a pharmaceutical company to reduce drug prices by 73% (Aspen)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
“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 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)
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 JSC. (...)

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

The Polish Competition Authority fines manufacturer of musical equipment for resale price maintenance (Yamaha Music Europe)
Polish Competition Authority (Warsaw)
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 million (...)

The Russian Competition Authority finds a telecom company guilty of abusing its dominant position to unreasonably increase tariffs for communication services (Tele 2)
Russian Federal Antimonopoly Service (Moscow)
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. Earlier, (...)

The Hellenic Competition Authority examines a complaint lodged by a company active in the energy sector against companies active in the mineral sector for abuse of dominance (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Authority (Athens)
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 of (...)

The Italian Competition Authority opens investigation into excessive pricing and anticompetitive contractual conditions by a dominant ferry company (Caronte & Tourist)
Italian Competition Authority (Rome)
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 & Tourist (...)

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 for a range of off-patent cancer medicines (Aspen)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 comments from all interested parties on commitments offered by pharmaceutical company to address the Commission’s concerns over excessive pricing (Aspen)
Dentons (Brussels)
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DLA Piper (Bucharest)
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DLA Piper (Copenhagen)
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 EU Commission invites parties to submit comments regarding a pharma company and its excessive pricing (Aspen)
Van Bael & Bellis (Brussels)
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 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)
DG COMP (Brussels)
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 South African Competition Tribunal publishes its written reasons to penalize a pharmaceutical chain for excessive pricing (Dis-Chem) Free
Primerio Limited (Johannesburg)
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Nortons (Sandton)
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 Free
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
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 Free
OECD - Competition Division (Paris)
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 some (...)

The UK Competition Authority publishes update on its COVID-19 taskforce including a number of excessive pricing complaints and investigations Free
United Kingdom’s Competition Authority - CMA (London)
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 three pharmaceutical companies for abuse of dominance in the distribution of injectable drug and confirms that medical devices sectors continue to be an enforcement priority amid the COVID-19 outbreak (Kanghui / Puyunhui / Taiyangshen) Free
Herbert Smith Freehills (Shanghai)
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Herbert Smith Freehills (Hong Kong)
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Herbert Smith Freehills (Hong Kong)
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 Anti-Monopoly (...)

The Chinese State Administration for Market Regulation fines three domestic pharmaceutical companies for abuse of dominance in the sale of injectable pharmaceutical ingredient (Kanghui / Puyunhui / Taiyangshen)
FenXun Partners (Beijing)
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Baker McKenzie (Beijing)
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Baker McKenzie (Beijing)
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 South African Competition Authority announces it has received over 500 complaints of excessive pricing related to the COVID-19 pandemic Free
South African Competition Commission (Pretoria)
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 Attorneys General from 33 States and Territories, led by Pennsylvania, Connecticut, New Mexico, and Vermont urge online marketplaces to more rigorously monitor price gouging practices by online sellers using their services (Amazon / Facebook / Ebay / Walmart / Craigslist) Free
Office of the Attorney General - Pennsylvania
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 Attorneys General 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) Free
Troutman Sanders (Richmond)
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Troutman Sanders (Richmond)
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Troutman Sanders (Richmond)
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 warns it will impose the most serious administrative fines on food sellers who charged excessive prices during the COVID-19 pandemic Free
Turkish Competition Authority (Ankara)
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 welfare (...)

The Turkish Competition Authority announces a zero-tolerance policy against excessive price increases in the food sector during the COVID-19 outbreak Free
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ACTECON (Istanbul)
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 UK Competition Authority investigates four pharmacies and convenience stores for excessive and unfair pricing of hand sanitiser products during the COVID-19 pandemic Free
Bird & Bird (London)
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Bird & Bird (London)
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 sanitiser (...)

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 Free
United Kingdom’s Competition Authority - CMA (London)
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 and (...)

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 Free
Netherlands Authority for Consumers & Markets (The Hague)
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 ascertaining it as having abused its dominant position by imposing unfair prices for drugs (Aspen)
Bird & Bird (Rome)
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Bird & Bird (Rome)
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 (“ICA”) (...)

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 Free
Redcliffe Partners (Kyiv)
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 sanitising and respiratory masks as well as hygiene products (Amazon / eBay) Free
Italian Competition Authority (Rome)
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 (eBay (...)

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

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

The UK Competition Authority welcomes the England & Wales Court of Appeal’s judgment, calling it an important step forward in clarifying the legal test for excessive and unfair pricing (Pfizer / Flynn Pharma)
United Kingdom’s Competition Authority - CMA (London)
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 dismisses the Competition Authority’s appeal against the Competition Appeals Tribunal ruling quashing fines imposed on two pharmaceutical companies for charging excessive and unfair prices for an anti-epilepsy drug (Pfizer / Flynn)
Van Bael & Bellis (Brussels)
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 sodium (an (...)

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 (Flynn / Pfizer)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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 upholds the Competition Appeal Tribunal’s quashing of the Competition Authority’s decision against pharmaceutical undertakings who had abused their dominant position by pricing their epilepsy drug unfairly (Pfizer / Flynn Pharma)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (London)
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 provides guidance regarding the legal test to determine whether pricing is excessive and unfair in the pharmaceutical market (Flynn Pharma / Pfizer)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
The UK Court of Appeal Clarifies the Legal Test for Excessive Pricing* Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal (...)

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

The UK 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 Free
United Kingdom’s Competition Authority - CMA (London)
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 Free
Italian Competition Authority (Rome)
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 Turkish Competition Authority publishes its first investigation concerning abuse of dominance by a standard essential patent holder (Philips)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 the fining decision of the Competition Authority because it failed to meet the required standards for establishing a competition law infringement based on excessive pricing (Sahibinden.com)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 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)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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 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)
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Lenz & Staehelin (Zurich)
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 Italian Competition Authority opens an abuse of dominance investigation into orphan drugs pricing (Leadiant Biosciences / Farmaco per la cura della Xantomasi cerebrotendinea)
Giannino SI (Monserrato)
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)
Primerio Limited (Johannesburg)
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 / BVBA / Wecandance)
Van Bael & Bellis (Brussels)
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 (...)

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)
,
Stephanie Theodotou Lawyer (Cyprus)
Introduction On 12th March 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €78,889.28 on the Community Council of Kouklia (“CCK”) for a violation of Section 6(1)(a) of the Protection of Competition Law (Law 13(I)/2008), as amended (“Law”). (...)

The Danish Competition Authority issues a study on excessive pricing in pharmaceutical markets
Danish Competition and Consumer Authority (Copenhagen)
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)
,
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 Bilgisayar ve (...)

The Danish Competition Appeals Tribunal upholds decision fining a pharmaceutical distributor for excessive pricing (CD Pharma)
Van Bael & Bellis (Brussels)
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 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)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Turkish Competition Authority fines an online platform service provider for excessive pricing (Sahibinden.com)
Boğaziçi University (Istanbul)
,
ACTECON (Istanbul)
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 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)
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)
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)
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 (...)

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)
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 prices (...)

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 (Macau)
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 has (...)

The UK Competition Appeal Tribunal finds an incorrect application of the legal test for dominance and quashes the Competition Authority’s record fines imposed to two pharmaceutical companies for charging excessive prices for an anti-epilepsy drug (Pfizer / Flynn)
Rosenblatt Limited (London)
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 and (...)

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)
,
Norton Rose Fulbright (Brussels)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 7 June 2018, the Competition Appeal Tribunal (CAT) set aside in part the 2016 decision of the Competition and Markets Authority (CMA) that Pfizer and Flynn (...)

The 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)
,
White & Case (Brussels)
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 pharmaceutical (...)

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)
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 commitments to settle an investigation into conduct affecting Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
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 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 (Beijing)
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 (...)

The UK Competition Authority accuses a pharmaceutical company of having abused its dominant position (Concordia)
United Kingdom’s Competition Authority - CMA (London)
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 clarifies the concept of unfair price under article 102 TFEU (AKKA / LAA)
Covington & Burling (London)
,
Covington & Burling (Brussels)
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 delivers a ruling on excessive pricing in a case involving a copyright management association (AKKA / LAA)
Boğaziçi University (Istanbul)
,
ACTECON (Istanbul)
Introduction The question of excessive pricing as an abusive practice has been notoriously complex and competition authorities refrain from interfering in such cases normally. One of the main reasons for non-intervention of the competition authorities in such cases is the difficulty in (...)

The EU Court of Justice accepts an alternative to the United Brands test to establish excessive pricing (AKKA / LAA)
Giannino SI (Monserrato)
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)
Giannino SI (Monserrato)
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)
DG COMP (Brussels)
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 Turkish Competition Authority is to clarify the methods for determining whether the pricing is excessive (Sahibinden.com)
Boğaziçi University (Istanbul)
,
ACTECON (Istanbul)
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 determining (...)

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)
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)
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 UK Competition Authority provisionally finds that a pharmaceutical company has broken competition law by charging excessive prices to the NHS for hydrocortisone tablets (Actavis)
United Kingdom’s Competition Authority - CMA (London)
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. For (...)

The UK Competition Authority fines two pharmaceutical companies for charging excessive prices concerning an anti-epilepsy drug (Pfizer / Flynn)
United Kingdom’s Competition Authority - CMA (London)
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 million fine (...)

The UK Competition Authority publishes full decision on excessive pricing in the pharmaceutical sector and focuses on intention and evidence (Pfizer / Flynn)
Simmons & Simmons (London)
,
Simmons & Simmons (London)
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)
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 case (...)

The Danish Maritime and Commercial High Court rules on excessive pricing concerning the delivery of electricity (ELSAM III)
University of Copenhagen - Faculty of Law
,
Accura (Copenhagen)
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)
Konkurences padome (Riga)
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 (...)

The UK Competition Authority issues a provisional decision on remedies to increase competition in the private healthcare market (HCA)
United Kingdom’s Competition Authority - CMA (London)
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 Markets (...)

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)
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 15 (...)

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)
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 alleged (...)

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)
United Kingdom’s Competition Authority - CMA (London)
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)
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 Chinese NDRC targets price-related illegal conducts in the pharmaceutical sector
King & Wood Mallesons (Beijing)
,
Freshfields Bruckhaus Deringer (Beijing)
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 immediately (...)

The Hague District Court dismisses excessive pricing claim against former legal monopolist publisher (Stichting SDU Gedupeerden / SDU Uitgevers)
FedEx (Memphis)
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)
Giannino SI (Monserrato)
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)
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)
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 South African Competition Commission investigates abuse of dominance on the market for visa support services to foreign embassies (VFS Global)
Nortons (Sandton)
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 Competition (...)

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)
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 to the (...)

The South African Competition Tribunal imposes fines for domestic excessive pricing of purified propylene and polypropylene (Sasol)
Nortons (Sandton)
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 Competition (...)

The Chinese NDRC announces the suspension of an investigation on abuse of dominance against a U.S. wireless technology developer after receiving detailed commitments (Inter Digital Communications)
GEN Law (Beijing)
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)
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 on (...)

The Lisbon Appeal Court 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)
Eduardo Paz Ferreira & Associados (Lisboa)
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)
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)
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 abusing (...)

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 (The Hague)
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 will (...)

Mergers

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)
United Kingdom’s Competition Authority - CMA (London)
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 between (...)

The UK Competition Authority finds that titanium dioxide pigment producer’s anticipated purchase of chloride slag supplier raises competition concerns (Tronox / TTI)
United Kingdom’s Competition Authority - CMA (London)
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 dioxide, (...)

State Aid

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)
College of Europe (Bruges)
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 -verwaltungs (...)

Procedures

The European Competition Network publishes a brief joint statement on the application of competition law during the COVID-19 crisis Free
Orrick, Herrington & Sutcliffe (Brussels)
,
Orrick, Herrington & Sutcliffe (Paris)
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 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 Free
European Commission (Brussels)
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 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 Free
Cleary Gottlieb Steen & Hamilton (Washington)
,
Cleary Gottlieb Steen & Hamilton (Washington)
,
Cleary Gottlieb Steen & Hamilton (Washington)
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 this (...)

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)
DG COMP (Brussels)
,
Magellan (Brussels)
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 and (...)

Regulatory

The Icelandic Competition Authority opens an information center as a response to the antitrust challenges posed by the current COVID-19 outbreak Free
Icelandic Competition Authority
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
Bird & Bird (The Hague)
,
Bird & Bird (The Hague)
,
Bird & Bird (The Hague)
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 French Competition Authority is asked for an opinion by the Government regarding the import and distribution of consumer goods in the French overseas departments
Autorité de la concurrence (Paris)
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 (...)

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)
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 French Competition Authority issues its opinions on the freedom of establishment for bailiffs and judicial auctioneers
French Competition Authority (Paris)
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)
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)
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 decision (...)

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