Exchange of information in associations of undertakings

Anticompetitive practices

The EU Commission finds that a new Italian airline company is not an economic successor and therefore is not liable to repay an illegal State aid received by another national air carrier (ITA / Alitalia)
DG COMP (Brussels)
State aid: Commission finds new air carrier ITA is not Alitalia’s economic successor and Italy’s capital injections into ITA are market conform* The European Commission has found that Italia Trasporto Aereo S.p.A. (“ITA”) is not the economic successor of Alitalia and, hence, it is not liable to (...)

The Indian and Japanese Competition Authorities sign a memorandum on cooperation
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI and the Japan Fair Trade Commission (JFTC) (Competition Authorities) concluded a Memorandum on Cooperation on 6 August 2021. India and Japan had earlier entered into a Comprehensive Economic Partnership Agreement which came into force on 1 August 2011, which included provisions that (...)

The Australian Competition Authority authorises a national press union to collectively bargain with two Big Tech companies (Country Press Australia / Google / Facebook)
Australian Competition and Consumer Commission (Canberra)
Country Press Australia can collectively bargain with Google and Facebook* The ACCC has authorised Country Press Australia (CPA) and its members to collectively negotiate with Google and Facebook about payments for their news content published on the platforms. CPA is an industry body (...)

The Hungarian Competition Authority launches an investigation into one of the largest domestic wholesalers of fishing products
Hungarian Competition Authority (Budapest)
The GVH has caught a big fish among the domestic wholesalers of fishing products* 23 July 2021, Budapest – The Hungarian Competition Authority (GVH) has launched an investigation into one of the largest domestic undertakings engaged in the wholesale of fishing products due to allegedly imposing (...)

The Hungarian Competition Authority launches an investigation against a leading regional player on the gravel market
Hungarian Competition Authority (Budapest)
GVH has launched an investigation against a leading regional player on the gravel market* 21 July 2021, Budapest – The Hungarian Competition Authority (GVH) has initiated a competition supervision proceeding against a large undertaking engaged in gravel production in the Central Hungary region (...)

The EU Commission approves a €1.2 billion rescue loan and opens an investigation into a €3.2 billion Portuguese further restructuring aid in favour of a national airline company (TAP)
DG COMP (Brussels)
State aid: Commission approves €1.2 billion rescue loan; opens investigation into €3.2 billion Portuguese further restructuring aid in favour of TAP* By two separate decisions adopted today, the European Commission has (i) re-approved €1.2 billion rescue aid to Transportes Aéreos Portugueses SGPS (...)

The Turkish Competition Authority issues the regulation on settlement procedure for investigations on anticompetitive agreements, concerted practices, decisions and abuse of dominant position
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Introduction On July 15, 2021, the Turkish Competition Authority (“Authority”) issued the Regulation on Settlement Procedure for Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position (“Settlement Regulation”), which was also published in the (...)

The EU Court of Justice rejects an appeal filed by an airline company and provides further guidance on standing to challenge State aid decisions related to competing undertakings (Deutsche Lufthansa)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 15 July 2021, the Court of Justice of the European Union (“ECJ” or “Court”) rejected the appeal filed by the German airline company Deutsche Lufthansa AG against the judgment of the General Court of 12 April 2019, Deutsche Lufthansa v Commission (Case T-492/15). The substance of the dispute (...)

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

The EU General Court confirms that the aid granted by Austria to its national airline in order to compensate it for the damage resulting from the cancellation or rescheduling of its flights due to the COVID-19 pandemic is compatible with the internal market (Austrian Airlines / Laudamotion) Free
General Court of the European Union (Luxembourg)
The General Court confirms that the aid granted by Austria to Austrian Airlines in order to compensate it for the damage resulting from the cancellation or rescheduling of its flights due to the COVID-19 pandemic is compatible with the internal market* That aid, having been deducted from the (...)

The Swedish Competition Authority closes its investigation on possible anticompetitive conduct in the paint industry and highlights how crucial it is that participants react quickly if any information that may potentially be considered anticompetitive is exchanged
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
A recent investigation by the Swedish Competition Authority (“SCA”) into discussions in a trade forum demonstrates that it is crucial that participants react quickly if any information that may potentially be considered anti-competitive is exchanged. The SCA investigated whether companies within (...)

The Brazilian Competition Authority convicts members of a cartel in procurements for PVC pipes and fittings (BR Plásticos Indústria / BRP Indústria Plástica / Nicoll Indústria Plástica Tigre / Amanco)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE convicts a cartel in procurements for PVC pipes and fittings* In the hearing of this Wednesday (30 June), the Administrative Council for Economic Defense convicted five firms and six individuals for a cartel in public procurements for PVC pipes and fittings. Such procurements were aimed (...)

The Finnish Competition Authority conditionally approves a merger between a manufacturer and a wholesale operator in the foodservice procurements sector (Valio / Heinon Tukku)
Finnish Competition and Consumer Authority (Helsinki)
The FCCA conditionally approves the merger between Valio and Heinon Tukku* The Finnish Competition and Consumer Authority (FCCA) approved the merger in which Valio Oy will purchase Heinon Tukku Oy on 30 June 2021. A precondition for approving the merger is that Valio undertakes to protect the (...)

The Danish Competition Appeals Tribunal upholds two of the Competition Authority’s decisions finding that the exchange of information on prices, discounts, and quantities concerning future sales between retailers of clothing items is illegal (Hugo Boss / Kaufmann)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Appeals Tribunal: Exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items was illegal* The Danish Competition Appeals Tribunal has upheld two separate decisions of the Danish Competition Council (...)

The Ukrainian Parliament adopts the Tax Amnesty Law which includes amnesty for competition law violations
Redcliffe Partners (Kyiv)
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Redcliffe Partners (Kyiv)
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Redcliffe Partners (Kyiv)
AMNESTY FOR VIOLATIONS OF THE COMPETITION LAW* On 21 July 2021, the Law of Ukraine on Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Encouraging the De-shadowing of Income and Improving Tax Culture of Citizens by Introducing a One-time (Special) Voluntary Declaration of (...)

The Norwegian Competition Authority fines an energy company for breach of disclosure requirements regarding its acquisition of a petrol station belonging to a competing chain (St1 Norge)
Norwegian Competition Authority
The Norwegian Competition Authority imposes a fine of NOK 3 million on St1 Norge AS* The Norwegian Competition Authority has today imposed a fine of NOK 3 million on St1 Norge AS for breach of disclosure requirements when it took control over a petrol station belonging to a competing chain. (...)

The French Competition Authority accepts proposed settlement with a Big Tech company with respect to online advertising practices and imposes a €220 million fine for self-preferencing in the market for online display advertising (Google AdX / Google DoubleClick for Publishers)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
In a decision of 7 June 2021, the French Competition Authority (“FCA”) accepted a proposed settlement by Google LLC and Google Ireland Ltd (“Google”) with respect to certain online advertising practices. The decision also imposed a € 220 million fine on Google as it concluded that Google’s (...)

The Indian Commission Authority rejects allegations that several domestic airlines had colluded to raise prices (Shikha Roy / Jet Airways)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The Competition Commission of India (CCI) rejected allegations that a number of domestic airlines had colluded to raise prices during the period of Jat agitation in February 2016. Following the conclusions of the investigating Director General (DG), the CCI found there was no evidence of a (...)

The UK Competition Authority reflects on the lessons learned from its investigation into three major suppliers of groundworks products to the construction industry for collusion (Vp / MGF / Mabey)
United Kingdom’s Competition Authority - CMA (London)
Breaking competition law: construction cartel in groundworks* Lessons learnt from the CMA’s investigation into 3 major suppliers of groundworks products to the construction industry after they broke competition law. In 2020, the Competition and Markets Authority (CMA) fined 2 businesses, Vp (...)

The EU Commission fines several investment banks €371 million for participating in a European government bond trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
DG COMP (Brussels)
Antitrust: Commission fines investment banks € 371 million for participating in a European Governments Bonds trading cartel* The European Commission has found that Bank of America, Natixis, Nomura, RBS (now NatWest), UBS, UniCredit and WestLB (now Portigon) have breached EU antitrust rules (...)

The EU Commission fines seven investment banks for operating a cartel in the primary and secondary markets for European government bonds (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
Van Bael & Bellis (Brussels)
On 20 May 2021, the European Commission adopted a decision imposing fines on a series of investment banks relating to the trading of European Government Bonds (“EGB”). EGB In its decision, adopted on 20 May 2021, the Commission found seven investment banks, Bank of America, Natixis, Nomura, RBS (...)

The EU Commission imposes a fine of €371 million on banks implicated in supra-sovereign, sovereign and agency bond trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
In April and May 2021 the European Commission ("EC") announced the imposition of fines totalling almost €400 million on banks implicated in two separate cartels relating to bond trading. In a separate development, the EC took unprecedented action to exclude a number of international banks from (...)

The EU General Court annuls the Commission’s decision that ordered the recovery of €283 million from a Big Tech company back to a country for State aid (Amazon)
Maastricht University
Amazon and the Difficulty of Finding a Comparable Tax Payer* To apply the Arm’s Length Principle to transactions between two related companies, the Commission must identify the less complex company of the two and compare it to a similar independent company. Methodological errors in the (...)

The Slovak Parliament adopts the Act on Protection of Competition which implements the provisions of the ECN+ Directive Free
Čechová & Partners (Bratislava)
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Čechová & Partners (Bratislava)
The implementation of the Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (ECN+ Directive) is a topic that resonates in competition law circles all over the EU. In Slovakia, (...)

The Spanish Competition Authority fines 22 consulting firms and several of their executives a total of EUR 6.3 million for creating a cartel in a first case where the cartelist’s fine is reduced due to implementing a compliance program (Deloitte / KPMG / PwC)
Bird & Bird (Madrid)
On 11 May 2021, the Spanish Competition Authority (CNMC) fined 22 consulting firms and several of their executives a total of EUR 6.3 million for creating a cartel in violation of Article 1 of the Spanish Competition Act (LDC) and Article 101 of the Treaty of the Functioning of the European (...)

The EU Commission publishes a staff working document on its evaluation of the horizontal block exemption regulations on research & development and specialisation agreements
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Dusseldorf)
On 6 May 2021, the European Commission ("Commission") published a staff working document ("SWD") on its evaluation of the horizontal block exemption regulations on research & development and specialisation agreements ("H-BERs") and the horizontal guidelines. The SWD is accompanied by an (...)

The EU Commission imposes total fines of €28 million on three investment banks for their involvement in a cartel in the EEA secondary trading market for SSA bonds denominated in US Dollars (Bank of America Merrill Lynch / Crédit Agricole / Crédit Suisse)
Van Bael & Bellis (Brussels)
On 28 April, the European Commission adopted a decision imposing fines on a series of investment banks relating to the trading of Supra-sovereign, Sovereign and Agency (“SSA”) bonds. SSA Bonds In the first decision, adopted on 28 April 2021, the Commission imposed total fines of € 28 million on (...)

The EU Commission imposes a fine of €28.5 million on banks implicated in European government bond trading cartel (Bank of America Merrill Lynch / Crédit Agricole / Crédit Suisse)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
In April and May 2021 the European Commission ("EC") announced the imposition of fines totalling almost €400 million on banks implicated in two separate cartels relating to bond trading. In a separate development, the EC took unprecedented action to exclude a number of international banks from (...)

The Belgian Competition Authority considers that the commitments offered by two food retailers under the purchase alliance probe were proportionate and suitable to address potential restrictions of competition (Carrefour / Provera)
Ashurst (Brussels)
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Ashurst (Brussels)
In its decision of 28 April 2021, the Belgian Competition Authority ("BCA") considered that the commitments offered by Carrefour and Provera under the purchase alliance probe were proportionate and suitable to address potential restrictions of competition. Following Carrefour’s divestment offer, (...)

The Italian Government welcomes legislative proposals on competition law reform
Ashurst (Brussels)
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Ashurst (Milan)
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Ashurst (Brussels)
On 25 April 2021, the Italian Government submitted its Recovery and Resilience National Plan ("PNRR") to the national Parliament, which included proposals on competition law reform by the Italian Competition Authority ("ICA"). Key takeaways Reforming competition law is among the priorities of (...)

The Turkish Competition Authority announces the launch of a full-fledged investigation against thirty-two undertakings for gentlemen’s agreements in labor markets across Turkey (Yemek Sepeti / Zomato / Commencis...)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
On April 20, 2021, the Turkish Competition Authority (“Authority”) announced on its website that the Turkish Competition Board (“Board”) had launched a full-fledged investigation against thirty-two undertakings for gentlemen’s agreements in labor markets across Turkey, in order to determine whether (...)

The Polish Competition Authority initiates proceedings against national basketball clubs for limiting competition (Energa Basket Liga)
Polish Competition Authority (Warsaw)
The President of UOKiK brings charges of limiting competition against basketball clubs* President of UOKiK Tomasz Chróstny has initiated antitrust proceedings against the Energa Basket Liga and sixteen basketball clubs. The subject matter of the proceedings is the establishment of principles of (...)

The Indian Competition Authority finds an abuse of dominance in the market for wholesale procurement of branded alcoholic beverages (International Spirits and Wines Association of India / Uttarakhand Agricultural Produce Marketing Board)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI held that the Uttarakhand Agricultural Product Marketing Board (the Board) had abused its dominant position in the market for the wholesale procurement of branded alcoholic beverages in the State of Uttarakhand. The International Spirits and Wines Association of India (ISWAI) had argued (...)

The Polish Competition Authority initiates proceeding against a trucks importer and its distributor for collusion (Iveco trucks)
Polish Competition Authority (Warsaw)
Iveco trucks - proceedings of the President of UOKiK* - The importer of Iveco trucks together with the official distributors of these vehicles may have entered into a multi-year conspiracy to restrain competition. - President of the Office of Competition and Consumer Protection Tomasz (...)

The EU Commission issues a second competition comfort letter in support of pharmaceutical cooperation to combat COVID-19 Free
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On Monday 29 March 2021, the European Commission’s Directorate General for Competition (the Commission) published its second “new style” comfort letter. It was addressed to the organisers of an online “matchmaking event” that runs on 29 and 31 March 2021 and brings together more than 300 parties (...)

The Japanese FTC and the Government issue guidelines for business collaboration with startups to promote open innovation and ensure fair and free competitive environments
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On March 29, 2021, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") issued Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of promoting open innovation and ensuring fair and free competitive environments. The (...)

The Belgian Competition Authority imposes a fine on the professional organization of pharmacists on account of an anticompetitive agreement (Ordre des pharmaciens / Orde der Apothekers)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 26 March 2021, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) announced that its Privileged and Confidential Attorney – Client Communication Competition College (Mededingingscollege / Collège de la Concurrence) had imposed a fine of (...)

The Brazilian Competition Authority starts its first investigation involving the labor market in the healthcare industry
Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
On March 17, 2021, CADE released a public order disclosing it is investigating potential anticompetitive practices performed into the labor market in Brazil , mirroring a worldwide trend that is already a strong policy in some seasoned jurisdictions. The proceeding at a glimpse As public (...)

The Danish High Court founds that the agreement fixing the price of subscriptions concluded by a natural gas company had an anticompetitive intent and breached the Competition Act (Hovedstadsregionens og Midt-Nords Naturgasselskab I/S)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
The Danish High Court has affirmed that Article 6(1) of the Danish Competition Act (corresponding to Article 101(1) TFEU), was infringed by a natural gas company, Hovedstadsregionens og Midt-Nords Naturgasselskab I/S (“HMN”), the trade association and two subcontractors, as these parties entered (...)

The French Competition Authority fines national security provider for issuing cover quotes in the tobacconist security provision sector (Double Tour)
French Competition Authority (Paris)
The Autorité de la concurrence fines Double Tour for issuing cover quotes in the tobacconist security provision sector* Following an investigation by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) into the tobacconist security provision sector, (...)

The Serbian Government publishes rules on regional State aid for further alignment of the legislation with the EU’s acquis
BDK (Podgorica)
The Government of Serbia adopted on 11 March 2021 two new bylaws under the State Aid Control Act (Zakon o kontroli državne pomoći, Official Gazette of the Republic of Serbia no. 73/2019): the Regulation on Conditions and Criteria for Compliance of Regional State Aid (Uredba o uslovima i (...)

The French Administrative Supreme Court rejects an appeal by an employee representative body concerning a merger approval (Mondadori)
Addleshaw Goddard (Paris)
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Ashurst (Paris)
On 9 March 2021, the French Administrative Supreme Court (Conseil d’Etat) rejected an appeal by Mondadori’s social and economic committee ("SEC") in relation to the French Competition Authority’s ("FCA") decision to approve Reworld Media’s takeover of Mondadori France. The French Administrative (...)

The Australian Competition Authority accepts a court-enforceable undertaking from two credit card companies about concerns that one of them may have limited competition regarding debit card acceptance through its dealings with large merchants (Visa)
Ashurst (Sydney)
On 10 March 2021, Visa AP (Australia) Pty Ltd and Visa Worldwide Pte Limited (together, "Visa") entered into a court enforceable undertaking with the Australian Competition Consumer Commission ("ACCC"), seeking to address the ACCC’s concerns that Visa was leveraging its substantial market power (...)

The EU Commission opens a public consultation on the application of competition law to collective bargaining agreements for self-employed
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
Over the past years, the EU institutions have shown quite some attention to the position of workers in the so-called gig or peer economy, despite the limited legislative authority of the EU in the area of social policy. As early as 2016, the European Parliament called the EU Commission for (...)

The Russian Supreme Court adopts a decree providing clarifications on antitrust matters that arise in court proceedings
Herbert Smith Freehills (Moscow)
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Herbert Smith Freehills (Moscow)
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Herbert Smith Freehills (Brussels)
In March, the Russian Supreme Court adopted a Decree providing clarifications on antitrust matters (the "Plenum Decree") . The Plenum Decree replaced most of the previous antitrust clarifications issued by the Supreme Commercial Court back in 2008. The new measure is comprehensive and covers a (...)

The French Competition Authority imposes a €435.000 fine on a construction company for exchanging information (Santerne Nord Tertiaire)
French Competition Authority (Paris)
City of Lille’s call for tenders: Santerne (Vinci group) fined up to €435,000 The Autorité de la concurrence fines Santerne Nord Tertiaire (subsidiary of the Vinci group) €435,000 for exchanging information with another company in a call for tenders organised by the city of Lille (Communauté (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s finding that a pharmaceutical company broke competition law by exchanging information (Lexon)
United Kingdom’s Competition Authority - CMA (London)
Tribunal upholds CMA decision on pharma collusion and £1.2m fine The Competition Appeal Tribunal has today upheld the CMA’s finding that Lexon broke competition law, dismissing Lexon’s appeal. Last year, the Competition and Markets Authority (CMA) concluded its investigation into the supply of (...)

The Italian Competition Authority ends an infringement proceeding by adopting a commitment decision following a natural gas distributor’s abusive conduct (Italgas)
Giannino SI (Monserrato)
By a commitment decision made on 23 February 2021 the Italian Competition Authority (ICA) has closed an Article 102 TFEU investigation against a distributor of natural gas. This undertaking was found to have abused its dominant position by frustrating a competitive tender procedure organized by (...)

The Hong Kong Competition Authority issues infringement notices to six hotel groups and a tour counter operator for facilitating a price-fixing cartel
Hong Kong Competition Commission
Competition Commission issues infringement notices to six hotel groups and a tour counter operator for facilitating a price-fixing cartel* The Competition Commission (“Commission”) has issued infringement notices to seven entities, including six hotel groups and a tour counter operator (...)

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 Munich Regional Court bans the preferential display within a search engine of information exclusively drawn from a state-run health portal (Google / German Ministry of Health)
Hausfeld (Berlin)
On February 10th, 2021, the antitrust chamber of the German Regional Court of Munich granted two summary judgments in favor of the health portal NetDoktor, banning the preferential display within Google search results pages of boxes with information exclusively drawn from a state-run health (...)

The French Supreme Court rules that an undertaking continues to be involved in a cartel if it keeps receiving invitations to participate without clearly distancing itself and makes other participants interpret that it shares their objectives (Goodmills Deutschland / Grands moulins de Paris)
Van Bael & Bellis (Brussels)
On 10 February 2021, the French Supreme Court (Cour de cassation) ruled that an undertaking continues to be involved in a cartel if it keeps receiving invitations to participate without clearly distancing itself and when other participants interpret that this undertaking shares their (...)

The Danish Parliament approves extensive amendments to the Competition Act within the implementation of the ECN+ Directive
Van Bael & Bellis (Brussels)
On 9 February 2021, as a part of the implementation of the ECN+ Directive, the Danish Parliament approved extensive amendments to the Danish Competition Act. Most importantly, the amendments allow the Danish Competition and Consumer Authority’s (“DCCA”) to request courts to impose civil fines on (...)

The German Competition Authority fines steel forging companies for illegal exchange of information (CDP Bharat Forge / Bharat Forge CDP / Johann Hay Automobiltechnik)
Van Bael & Bellis (Brussels)
According to a press release issued on 4 February 2021, the German Federal Cartel Office (“FCO”) fined three steel forging companies and two responsible individuals a total amount of approximately € 35 million for anti-competitive information exchange between October 2002 and December 2018. (...)

The German Competition Authority imposes fines to three steel forging companies for exchanging information (Bharat Forge Global / Musashi Bockenau / Bad Sobernheim)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on steel forging companies* The Bundeskartellamt has imposed fines totalling approx. 35 million euros on three steel forging companies and two senior staff members for their involvement in an anti-competitive exchange of information. The companies concerned are (...)

The UK Competition Authority publishes guidance on environmental sustainability agreements and competition law
Simmons & Simmons (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 27 January 2021 the CMA published high level Guidance on environmental sustainability agreements and competition law (Guidance). Supporting the transition to a low carbon economy is one of the CMA’s strategic objectives (set out in its annual plan for 2021/22) and the CMA is keen to ensure (...)

The French Competition Authority accepts a building games company’s commitments to correct price discrimination against online retailers (Lego)
University Paris Saclay
While the rules on price discrimination lack clarity, the French competition Authority has missed the opportunity to do its part. In order to compensate for the price increase of its products, the Lego France company created a discount scheme for the benefit of its resellers. The discount (...)

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

The Romanian Competition Authority fines national association and 16 financial companies EUR 8.47 million for exchanging information (Association of Romanian Financial Companies)
Romanian Competition Council (Bucharest)
The Competition Council has fined the Romanian Association of Financial Companies and 16 financial companies euro 8.47 million* The Competition Council has fined the Association of Romanian Financial Companies (hereinafter ALB) and 16 member companies lei 41,251,774 (approx. Euro 8.47 million) (...)

The Romanian Competition Authority imposes fines totaling € 26.6 million on 31 companies for engaging in concerted practices aimed at sharing wood lots and supply sources on the wood processing (Egger / Holzindustrie Schweighofer / Kronospan...)
Van Bael & Bellis (Brussels)
On 19 January 2021, the Romanian Competition Council (“RCC”) imposed fines totalling € 26.6 million on 31 companies for engaging in concerted practices aimed at sharing wood lots and supply sources on the wood processing market. The RCC found that the companies coordinated their conduct between (...)

The Indonesian Competition Authority imposes its first predatory pricing fine against a multinational cement manufacturer (CKSC)
Dewi Negara Fachri & Partners (Jakarta)
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Hogan Lovells (Jakarta)
In a release, Komisi Pengawas Persaingan Usaha (KPPU) – the Indonesian Competition Authority, published its first Article 20 (Predatory Pricing) decision. The KPPU Decision No. 03/KPPU-L/2020 was issued on a virtual hearing on 15 January 2021, whereby KPPU found that PT Conch South Kalimantan (...)

The French Competition Authority dismisses the thermal insulation case (Centre Scientifique et Technique du Bâtiment / Saint-Gobain Isover / Syndicat National des Fabricants d’Isolants en Laines Minérales Manufacturées)
French Competition Authority (Paris)
The Autorité de la concurrence dismisses the thermal insulation case* Background In response to a referral by the French Minister of the Economy and the company Actis regarding practices in the sector of thermal insulation for buildings by the Centre Scientifique et Technique du Bâtiment (...)

The Spanish Competition Authority fines three solid fuel cartels and five directors €3.7 million (FISL / Grafitos / Toro)
Ashurst (Madrid)
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Ashurst (Madrid)
The Spanish competition authority ("CNMC") has fined six companies and five directors participating in three cartels, breaching EU and Spanish antitrust rules by fixing prices and other commercial conditions, sharing customers and exchanging commercially sensitive information for almost 20 (...)

The Romanian Competition Authority fines an association of financial companies and 16 financial companies for exchanging sensitive information (Association of Romanian Financial Companies)
Van Bael & Bellis (Brussels)
On 12 January 2021, the Romanian Competition Council (“RCC”) imposed fines totalling € 8.47 million on the Association of Romanian Financial Companies and sixteen of its members for exchanging commercially sensitive information such as information concerning assets values, current and future (...)

The Polish Competition Authority fines several fitness chains for collusion (Benefit Systems / Bartosz Gibała / Platinium Wellness)
Polish Competition Authority (Warsaw)
Collusion on the fitness market - decision by the President of UOKiK Tomasz Chróstny, the President of UOKiK, has imposed over PLN 32 million in financial penalties on the largest fitness chains, including Benefit Systems (operator of MultiSport cards) for a competition-restricting collusion (...)

The EU Commission publishes an assessment that seeks feedback on its initiative to define the application of EU competition law to collective bargaining agreements for self-employed workers
Hogan Lovells (London)
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Hogan Lovells (London)
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King & Spalding (Brussels)
On 6 January 2021, the European Commission published an "Inception Impact Assessment" seeking feedback on an initiative aimed at defining EU competition law’s scope of application to "self-employed" workers (in advance of an open public consultation anticipated for spring 2021). This is part of (...)

The EU Commission seeks feedback on competition rules on collective bargaining agreements for self-employed individuals
Van Bael & Bellis (Brussels)
On 6 January 2021, the European Commission (“Commission”) launched an inception impact assessment on an initiative that seeks to clarify the applicability of EU competition rules to collective bargaining agreements involving “solo” self-employed individuals. The initiative stems from several (...)

The UK Government and the EU Commission issue a Trade and Cooperation agreement providing a set of substantive and procedural rules on subsidy control
Baker Botts (Brussels)
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Baker Botts (Brussels)
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University of Tilburg
On 24 December 2020, the EU and the UK concluded the Trade and Cooperation Agreement (the “TCA”). The TCA, which is still subject to formal ratification by the EU, has been provisionally applied since 1 January 2021. One of the major issues of contention in the negotiations was to what extent (...)

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 Japanese FTC and the Government propose draft guidelines for business collaboration between large companies and startups for the purpose of promoting open innovation and ensuring fair and free competitive environments
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On December 23, 2020, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of promoting open innovation and ensuring fair and free competitive (...)

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 Hungarian Competition Authority imposes a fine on the Association of human resources consulting agencies for restricting competition among its members (SZTMSZ)
Van Bael & Bellis (Brussels)
By decision of 18 December 2020, published on 1 February 2021, the Hungarian Competition Authority (“GVH”) imposed a fine of HUF 1 billion (approximately € 2.8 million) on the Association of Hungarian HR Consulting Agencies (“SZTMSZ”) for a series of anti-competitive practices. The members of (...)

The Turkish Competition Authority fines auto expertise services providers for price fixing and supply cartel (Auto / Çözüm / Dyno Max...)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
On 17 December 2020, the Turkish Competition Authority (“TCA”) announced, on its website, the reasoned decision as a result of its investigation against certain auto expertise services providers in a province of Turkey (i.e. Gaziantep), unveiling a price fixing and supply cartel among the (...)

The Spanish Competition Authority opens an investigation against a company for an abuse of dominance in the market for accessing and connecting to the electricity transmission network (Enel)
Spanish Competition Authority (Madrid)
The CNMC investigates Enel Green Power, S.L. (Enel) and its parent company Endesa Generación, S.A. for alleged anticompetitive practices* It assesses Enel’s possible abuse of its dominant position as a company designated as a Single Node Interlocutor (IUN) in the market for accessing and (...)

The UK Competition Authority fines suppliers of groundworks products to the construction industry for coordinating their commercial activities (Vp plc / M.G.F.)
Ashurst (London)
On 17 December 2020, the CMA issued a decision finding that three UK-based suppliers of groundworks products to the UK construction industry had illegally colluded in order to reduce competition and maintain or increase prices, in breach of Chapter 1 of the Competition Act 1998 and Article 101 (...)

The Luxembourg Competition Authority’s president rejects a request for interim measures in the context of the COVID-19 health crisis (Bionext / Laboratoire National de Santé) Free
Bonn & Schmitt (Luxembourg)
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Bonn & Schmitt (Luxembourg)
I. Introduction On 17 December 2020, the President of the Luxembourg Competition Council (hereinafter the “President”) rendered a decision on a request for interim measures requested by the laboratory Bionext S.A. (hereinafter “Bionext”) against the Laboratoire National de Santé (hereinafter (...)

The Swedish Competition Authority takes legal action against a company in the cheese and dairy industry for exchanging strategic information with a competitor in connection to a public procurement (Arla Foods)
Swedish Competition Authority (Stockholm)
The Swedish Competition Authority takes legal action against Arla Foods for unlawful cooperation*. According to the Swedish Competition Authority, Arla Foods has participated in an unlawful cooperation by exchanging strategic information with a competitor in the connection to a public (...)

The Montenegrin Competition Authority opens an investigation into State aid granted by the government to a state-owned shipping company (Crnogorska plovidba)
BDK (Podgorica)
Following the decision on opening investigation into alleged illegal state aid to Montenegrin airline company Montenegro Airlines, which led to grounding of its airplanes and termination of transport operations in December 2020, the Montenegrin Agency for Protection of Competition (“Agency“) has (...)

The US DoJ brings criminal charges for wage fixing on therapist staffing companies (Neeraj Jindal)
Jones Day (Washington DC)
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Jones Day (San Francisco)
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Jones Day (Houston)
The Department of Justice Antitrust Division ("DOJ") has indicted a Texas businessman for conspiring with competitors to fix employee wages in violation of the Sherman Act. This action challenges particularly blatant conduct, but is consistent with recent attention to antitrust in employment (...)

The US DoJ indicates the owner of a therapist staffing company on wage-fixing charges (Neeraj Jindal)
Morgan Lewis (San Francisco)
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Morgan Lewis (Silicon Valley)
A federal grand jury in Texas indicted the owner of a therapist staffing company on wage-fixing charges on December 9. Although this is the US Department of Justice’s first criminal wage-fixing prosecution, the indictment underscores that enforcement agencies remain focused on policing these (...)

The US DoJ remains committed to prosecuting collusion in labor markets to reduce employee wages (Neeraj Jindal)
Covington & Burling (Washington)
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Covington & Burling (Washington)
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Covington & Burling (Washington)
On December 10th, the Antitrust Division of the U.S. Department of Justice announced its first criminal indictment targeting an alleged conspiracy to reduce employee wages. The DOJ charged the former owner of a therapist staffing company with conspiring to reduce pay rates for healthcare worker (...)

The Czech Competition Authority imposes fines for IT cartel agreement (Autocont / Tesco / Asseco Central Europe)
Czech Competition Authority (Brno)
Office imposed fines for IT cartel agreement in total amount of CSK 75 million* By its first-instance decision of 7 December 2020, the Office for the Protection of Competition imposed fines in the total amount of CZK 74,622,000 on AUTOCONT a.s., TESCO SW a.s., ICZ a.s., MERIT GROUP a.s., (...)

The EFTA Surveillance Authority clears public financing of Norway’s e-health record system (Akson)
EFTA Surveillance Authority (Brussels)
ESA clears public financing of Norway’s e-health record system Akson* The EFTA Surveillance Authority (ESA) has today concluded that Norway’s financing of Akson, an electronic health (e-health) record system, does not raise state aid issues. On 25 November 2020, Norway notified ESA of its (...)

The Singaporean Competition Authority reduces fines by 20% to 70% imposed on distributors of fresh chicken engaged in a cartel (Gold Chic Poultry / Hua Kun / Toh Thye San Farm / Lee Say...)
Ashurst (Singapore)
On 4 December 2020, Singapore’s Competition Appeal Board (CAB) reduced penalties imposed on eight out of thirteen distributors of fresh chicken found to have engaged in cartel conduct in September 2018. The reduction in fines ranged from 20% to 70%. What you need to know - key takeaways While (...)

The EU Court of Justice AG Kokott discusses the criteria to consider consistent administrative practices as aid schemes under Article 1(d) of Regulation 2015/1589 (Magnetrol International)
Latham & Watkins (Brussels)
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Liège University (Liège)
On 3 December 2020, Advocate General (AG) Kokott delivered her Opinion on whether an administrative practice of the Belgian tax authorities could fall within the notion of “aid scheme” as provided in Article 1(d) of Regulation 2015/1589, of 13 July 2015, laying down detailed rules for the (...)

The Mexican Competition Authority issues warnings about the consequences of a possible price increase resulting from agreements between competitors in the food production sector
Mexican Competition Authority (Mexico City)
COFECE warns several associations of tortilla producers about the consequences of a possible price increase if this is the result of an agreement between competitors* The price established by each tortilla producer must be an individual determination COFECE’s Investigative Authority could (...)

The German Competition Authority clears the business-to-consumer side of a Phase II merger of furniture stores, subject to conditions and subject to clearance of the business-to-business side of the merger by the EU Commission (XXXLutz / Tessner group)
German Competition Authority (Bonn)
Bundeskartellamt clears merger of XXXLutz and the Tessner group (Roller, tejo’s, Schulenburg) only subject to conditions* Following an in-depth examination the Bundeskartellamt has cleared the planned acquisition by Mann Mobilia Beteiligungs GmbH, based in Würzburg (part of the Austrian XXXLutz (...)

The French Competition Authority announces an amendment on its decision-making practice concerning responses to calls for tenders by subsidiaries of the same group and stops considering it unlawful (Ovimpex / Dhumeaux / Mondial Viande Service / Vianov)
Latham & Watkins (Brussels)
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Latham & Watkins (Brussels)
French Competition Authority amends its decision-making practice in relation to responses to calls for tenders by subsidiaries of the same group* On 25 November 2020, the French Competition Authority (FCA) announced that it was amending its decision-making practice regarding responses to calls (...)

The Norwegian Competition Authority fines two companies in the alarm sector for engaging in market sharing practices (Verisure / Sector Alarm)
Norwegian Competition Authority
Fines exceeding 1 billion NOK in total imposed on Verisure and Sector Alarm* The Norwegian Competition Authority has today imposed a fine of 766 million NOK on Verisure AS and last year a fine of 467.3 million NOK on Sector Alarm for collusion in the market for the provision of alarm services (...)

The French Competition Authority amends its decision-making practice in the field of public procurement to comply with the recent case law of the EU Court of Justice, making the administrative courts to be the only regulators thereof (Ovimpex group / Dhumeaux / Mondial Viande Service / Vianov)
Grall & Associés (Paris)
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French Ministry of Economy and Finance (Paris)
Introduction On 25 November 2020, the French Competition Authority (hereafter, the “FCA”) amended its decision-making practice in the field of public procurement (FCA, Decision 20-D-19 of 25 November 2020), to comply with the recent judgement “Ecoservice Projektai” of the European Court of Justice (...)

The French Competition Authority amends its decision-making practice following a judgment of the EU Court of Justice on responses to calls for tenders by subsidiaries of the same group (Ovimpex group / Dhumeaux / Mondial Viande Service / Vianov)
French Competition Authority (Paris)
Responses to calls for tenders by subsidiaries of the same group: the Autorité amends its decision-making practice following a judgement of the CJEU* Following a judgement of the CJEU clarifying European case-law, the Autorité de la concurrence amends its decision-making practice, which until (...)

The Lithuanian Competition Authority reduces fines imposed on a cartel of cinema companies as a measure against the COVID-19 pandemic (Theatrical Film Distribution / NCG Distribution / Forum Cinemas) Free
Lithuanian Competition Authority (Vilnius)
As a Result of COVID-19 Pandemic, Lithuanian Competition Council Reduces Fines Imposed on Cinema Companies That Formed Cartel* The Lithuanian competition authority Konkurencijos taryba has found that the film distributor Theatrical Film Distribution and the firms NCG Distribution and Forum (...)

The Lithuanian Competition Authority reduces fine for price fixing due to the effects of COVID-19 pandemic (Theatrical Film Distribution / NCG Distribution / Forum Cinemas) Free
Commonwealth Secretariat (London)
It was a classic case of a price fixing cartel brought to the competition authority’s attention by a potential victim. The Lithuanian competition authority, Konkurencijos taryba, or Competition Council of the Republic of Lithuania (‘Competition Council’), announced on 25 November 2020 that its (...)

The Polish Competition Authority conducts dawn raids and initiates explanatory proceedings against pharmaceutical wholesalers for allegations of exchange of information and price fixing (Neuca Spółka Akcyjna / Przedsiębiorstwo Dystrybucji Farmaceutycznej Slawex / Farmacol Serwis / Farmacol Logistyka)
Polish Competition Authority (Warsaw)
Do pharmaceutical wholesalers increase drug prices by exchanging information?* Could unfair market practices, resulting in higher drug prices and restriction of competition, be facilitated by the IT systems used by pharmaceutical wholesalers? President of UOKiK Tomasz Chróstny has initiated (...)

The Belgian Competition Authority investigates a cosmetic company for its imposition of a maximum discount level on its network of selective distributors (Caudalie)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the Belgian Competition Authority has submitted a motivated proposal for decision in a case concerning the imposition by Caudalie of a maximum discount level on its network of selective distributors* On 20 November 2020, the Investigation and (...)

The Slovak Competition Authority fines three undertakings for a cartel agreement in the area of supplies of machines and mechanical and technological equipment
Slovak Competition Authority (Bratislava)
AMO SR decided to impose fines on three undertakings for a cartel agreement in the area of supplies of machines and mechanical and technological equipment* On 18 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter "the Office") issued a decision, (...)

The Polish Competition Authority charges the supermarket group’s buyer company with abuse of contractual advantage against its suppliers (SCA PR Polska)
Polish Competition Authority (Warsaw)
Contractual advantage - proceedings of the President of UOKiK against SCA PR Polska (Intermarche Group)* President of UOKiK Tomasz Chróstny brought charges against SCA PR Polska, a company responsible in the capital group for purchases in the Intermarche chain. The company is likely to abuse (...)

The Turkish Competition Authority rejects the information exchange scheme proposed by an online platform for failing to fulfill the individual exemption requirements (IMDER)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
On January 24, 2020, Türkiye İş Makinaları Distribütörleri ve İmalatçıları Birliği (“IMDER”), an association of undertakings active in distribution and production of construction equipment, applied to the Turkish Competition Authority (“Authority”) for a negative clearance or an individual exemption with (...)

The Polish Competition Authority takes enforcement actions in the pharmaceutical sector
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The Polish competition authority, the Office of Competition and Consumer Protection ( UOKiK ), has proven to be an energetic enforcer of the competition rules. Over the past few days, UOKiK found itself in the limelight because of two new distinct inquiries in the pharmaceutical sector that (...)

The EFTA Court defines notions of “undertaking” and “economic activities” concerning services in support of Norwegian digital health infrastructure (Abelia / WTW)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 17 November 2020, the EFTA Court dismissed an application for annulment against the EFTA Surveillance Authority (“ESA”) Decision No 57/19/COL of 10 July 2019 (the “Contested decision”). The Contested decision found that the public financing of eHealth and digital health infrastructure in the (...)

The Italian Competition Authority opens investigation into insurance association’s "fraud detection project" in non-life and life insurance for possible competitive concerns (ANIA)
Italian Competition Authority (Rome)
ICA: Investigation launched against ANIA regarding the ’fraud detection project’ in non-life and life insurance* The Autorità Garante della Concorrenza e del Mercato initiated an investigation against the Associazione Nazionale fra le Imprese Assicuratrici (ANIA), which originates from a (...)

The Norwegian Competition Authority carries out unannounced inspections in the sea freight market
Norwegian Competition Authority
Inspections in the market for sea freight* The Norwegian Competition Authority has carried out unannounced inspections in the market for sea freight. – The Competition Authority has concerns that companies in the market for sea freight may have exchanged competitively sensitive information (...)

The Indian Competition Authority clears acquisition by a major Big Tech company of a minority shareholding in a company with whom it has a commercial agreement to develop new low-cost smartphones (Google / Jio Platforms)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (Mumbai)
The CCI cleared the acquisition by Google International LLC (Google) of approximately 7.73% of the equity share capital in Jio Platforms Limited (Jio Platforms), a subsidiary of Reliance Industries Limited (RIL). Google group entities also entered into a commercial agreement with Jio Platforms (...)

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

The UK Competition Authority fines two suppliers of rolled lead for entering into anticompetitive arrangements (Associated Lead Mills / BLM British Lead)
Van Bael & Bellis (Brussels)
On 4 November 2020, the UK’s Competition and Markets Authority (“CMA”) imposed fines totalling £9.5 million on two of the UK’s largest rolled lead suppliers for their role in a roofing lead cartel. The CMA fined Associated Lead Mills Ltd and H.J. Enthoven Ltd (trading as BLM British Lead) £1.5 (...)

The UK Competition Authority issues fines of over £9 million for roofing lead cartel (Associated Lead Mills / BLM British Lead)
United Kingdom’s Competition Authority - CMA (London)
CMA issues fines of over £9m for roofing lead cartel* The CMA has imposed fines totalling more than £9m on 2 of the UK’s largest suppliers of rolled lead, for breaking competition law. Following an investigation into suspected cartel conduct, the Competition and Markets Authority (CMA) found (...)

The Hong Kong Competition Authority welcomes the Competition Tribunal’s judgment against an IT cartel for price-fixing in the first case where the liability and relief portions of the proceedings have been resolved by settlement (Quantr / Cheung Man Kit / Nintex)
Hong Kong Competition Commission
Competition Commission welcomes judgment in IT cartel conduct case* The Competition Commission (Commission) welcomes the judgment handed down by the Competition Tribunal (Tribunal) today (3 November) in proceedings involving the exchange of competitively sensitive information in the IT sector. (...)

The Georgian Parliament adopts amendments to its competition act
University of Oxford - Faculty of Law
Upgrading Georgia’s Competition Legislation – New Obligations and Balancing Benefits for Market Players* Recently, after almost 15 months of discussions, the Parliament of Georgia adopted a comprehensive set of amendments to the Law on Competition (hereinafter – “LC”). Prepared within the framework (...)

The Georgian Competition Authority announces that the law amendments in the competition sector will come into force
Georgian Competition Authority
Most of the amendments to the Law on Competition will come into force on November 4* A unified legal framework has been created for the separation of competencies between the Georgian National Competition Agency and regulatory bodies. Accordingly, the authorities will act unitedly on the basic (...)

The Austrian Competition Authority files an application to fine four construction companies for price fixing, market division, and other anti-competitive conduct
Austrian Competition Authority (Vienna)
AFCA files application to fine four construction companies for price fixing, market division and other anti-competitive conduct* The alleged infringements include price fixing, market divison and the exchange of competitively sensitive information. On 29 October 2020 the Austrian Federal (...)

The Slovak Competition Authority releases the first draft of the new Competition Act for consultation
Čechová & Partners (Bratislava)
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Čechová & Partners (Bratislava)
The Slovak national competition authority (Antimonopoly Office of the Slovak Republic, the “AMO”) released the first draft of the new Competition Act for consultation. The authorities and the public may submit comments to the draft until 6 November 2020. The proposed date of entry into force of (...)

The Italian Administrative Court of First Instance annuls the Competition Authority decision sanctioning a cartel of car manufacturers because of a breach of the parties’ right to a reasonable duration of the proceedings and for failing to characterize the ’by object’ restriction (Banca / Banque PSA / Santander Consumer Bank / BMW Bank)
Ashurst (Milan)
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Ashurst (Brussels)
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Ashurst (Brussels)
On 21 October 2020 the Italian Administrative Court of First Instance ("TAR Lazio") annulled the decision issued by the Italian Competition Authority ("ICA") on 20 December 2018 sanctioning a number of car manufacturers and their "captive banks" in relation to an alleged cartel concerning car (...)

The Polish Competition Authority obliges an association of marketing agencies to stop affecting its members’ independence in tenders and stop organizing unauthorized exchanges of information (Marketing Communication Association SAR)
Polish Competition Authority (Warsaw)
Marketing Communication Association SAR to change its practices* The Marketing Communication Association SAR affected the independence of its members in tenders and organized unauthorized exchange of information. President of UOKiK Tomasz Chróstny has obliged the Association to change its (...)

The Australian Competition Authority commences civil proceedings in the Federal Court against overhead crane company over alleged market sharing cartel (NQCranes)
Australian Competition and Consumer Commission (Canberra)
Action over alleged market sharing cartel in the overhead crane industry* The ACCC has today commenced civil proceedings in the Federal Court against overhead crane company NQCranes Pty Ltd, alleging it engaged in cartel conduct in contravention of the Competition and Consumer Act. The ACCC (...)

The Slovenian Competition Authority fines two corporate groups for failure to notify their merger (Agrokor / Ardeya Global)
Slovenian Competition Authority (Ljubljana)
Slovenian Competition Protection Agency imposed fines on the breach of failure to notify the Agency of a concentration* Slovenian Competition Protection Agency has imposed a fine of EUR 53,900,000 on legal entity Agrokor d.d. and a fine of EUR 5,000 on legal person responsible for the failure (...)

The Indian Competition Authority dismisses cartel allegations against 19 importers of phenol on account of the absence of conclusive evidence to establish collusion (Sachin Chemicals / Deepak Phenolics / Chokshi Chem / Chemtrade Overseas / Yug...)
Trilegal (Mumbai)
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Trilegal (Mumbai)
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Trilegal (Mumbai)
The Competition Commission of India (CCI) dismissed allegations of cartelization against 19 importers of phenol, on account of absence of conclusive evidence to establish collusion. The CCI held that mere price parallelism does not amount to cartelisation and closed the case. Significantly, the (...)

The EU Commission unconditionally clears a merger of two multinational groups both active in sports broadcasting and sale of advertising space (PPF / CME)
DG COMP (Brussels)
Mergers: Commission approves PPF’s acquisition of CME* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Central European Media Enterprises ("CME") by PPF Group NV ("PPF"). The Commission concluded the transaction would raise no (...)

The EU General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by several French undertakings in the distribution sector (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
General Court of the European Union (Luxembourg)
The General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by a number of French undertakings in the distribution sector* The Commission has failed to show that it had sufficiently strong evidence to suspect exchanges of information (...)

The EU General Court partially annuls decisions ordering dawn raids at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
In three related judgments of October 5, 2020 (T-249/17, T-254/17 and T-255/17) the General Court (the “GC”) partially annulled European Commission inspection decisions which were the basis for dawn raids on several French retailers. The judgments further develop the position adopted in Czech (...)

The EU General Court partially annuls Commission’s decision authorizing unannounced dawn raids to be carried out at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Dechert (Paris)
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Dechert (Paris)
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Dechert (Paris)
In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite unannounced inspections ("dawn raid”) to be carried out at the headquarters of (...)

The EU General Court partially annuls the decisions of the Commission to order dawn raids of a number of French retailers (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
White & Case (Brussels)
Partial annulment of European Commission decisions to order dawn raid inspections* On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French retailers.. The (...)

The EU General Court partially annuls the Commission inspection decisions ordering several French undertakings active in the distribution sector to submit to dawn-raid inspections (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Bird & Bird (Rome)
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Bird & Bird (Rome)
In October 2020, the General Court of the European Union (GC) issued an important decision in the joined Casino cases which promises to ensure that competition investigations will be more robust and afford greater protection to companies‘ rights. Both the European Commission (EC) and companies (...)

The EU General Court partially annuls the Commission decision ordering inspections at French food retail chains headquarters (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Addleshaw Goddard (Paris)
On 5 October 2020, the EU General Court ("GC") partially annulled European Commission ("Commission") decisions ordering inspections at ITM and Casino’s premises in 2017 following suspicions of illegal anticompetitive exchanges of competitively sensitive information. WHAT YOU NEED TO KNOW - KEY (...)

The EU Commission fines car parts suppliers €18 million in cartel settlement in the market for closure systems for cars (Brose / Kiekert / Magna)
DG COMP (Brussels)
Antitrust: Commission fines car parts suppliers of € 18 million in cartel settlement* The European Commission has fined Brose and Kiekert a total of € 18 million for taking part in two cartels concerning supplies of closure systems for cars in the European Economic Area (EEA). Magna was not (...)

The Dutch Competition Authority fines 4 cigarette manufacturers EUR 88 million for distorting competition through exchange of information through third parties (British American Tobacco / JT International / Phillip Morris / Van Nelle Tabak)
Netherlands Authority for Consumers & Markets (The Hague)
Four cigarette manufacturers fined 82 million euros for distorting competition* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines totaling more than 82 million euros on four major cigarette manufacturers. Between July 2008 and July 2011, they distorted competition. (...)

The Norwegian Competition Authority considers imposing fines on four publishers and a book database company for illegally sharing competitive sensitive information (Cappelen Damm / Forlagshuset Vigmostad & Bjørke / Gyldendal / Aschehoug / Bokbasen)
Norwegian Competition Authority
Considers imposing fines on five companies in the book market totalling NOK 502 million* The Norwegian Competition Authority warns in a statement of objections that it considers imposing fines of NOK 502 million in total on the four publishers Cappelen Damm, Forlagshuset Vigmostad & Bjørke, (...)

The Hungarian Competition Authority launches an investigation against two marketing undertakings that may have allocated the market (Star Network / 4KIDS)
Hungarian Competition Authority (Budapest)
The Competition Authority has launched an investigation against two marketing undertakings that may have allocated the market* The Hungarian Competition Authority (GVH) has initiated a proceeding against Star Network MCN Szolgáltató Kft. and 4KIDS Meseportál Kft. due to concerns that the (...)

The French Competition Authority clears, subject to the conditions of divesting agencies and fleets, the acquisition in the sector for the rental of refrigerated and non-refrigerated industrial goods vehicles (Fraikin / Via Location)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to the conditions of divesting agencies and fleets, the acquisition of the group Via Location by the group Fraikin* On 3 June 2020, the group Fraikin notified the Autorité of a plan to acquire full control of the company Via Location. The parties (...)

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

The French Competition Authority sanctions three professional organisations for anticompetitive practices in the wine sector (AVA / GPNVA / CIVA)
French Competition Authority (Paris)
Alsace wines: The Autorité sanctions three professional organisations for anticompetitive practices* Following evidence and documents sent by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité sanctioned two trade associations, the (...)

The Romanian Competition Authority assesses the taking over of glass packing solutions provider by glass packing manufacturer for the food and beverage industry (Vetropack Austria Holding / Glass Container)
Romanian Competition Council (Bucharest)
The Competition Council Assesses the Taking Over of Glass Container by Vetropack Austria Holding AG* The Competition Council assesses the transaction by which Vetropack Austria Holding AG intends to take over Glass Container Company S.A. and Glass Container Prim S.A., located in Republic of (...)

The Finnish Competition Authority announces that all Nordic countries have joined the agreement on cooperation in competition cases
Finnish Competition and Consumer Authority (Helsinki)
All Nordic countries have now joined the Agreement on Cooperation in Competition Cases* In July 2020, Iceland joined the Nordic Agreement on Cooperation in Competition Cases. Denmark, Finland, Norway and Sweden had already joined the agreement. All Nordic countries are now parties to the (...)

The Australian Competition Authority examines the experiences of consumers, developers, and suppliers regarding the mobile app market
Australian Competition and Consumer Commission (Canberra)
Mobile apps market under scrutiny* The ACCC will be examining the experiences of Australian consumers, developers, suppliers and others in a new report scrutinising mobile app stores. Issues to be examined include the use and sharing of data by apps, the extent of competition between Google (...)

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

The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)
European Court of Justice (Luxembourg)
The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law* That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information. (...)

The US District Court for the Southern District of Georgia indicts ready-mix concrete company and individuals for price-fixing and bid-rigging (Evans Concrete)
US Department of Justice (Washington)
Ready-Mix Concrete Company And Individuals Indicted For Fixing Prices And Rigging Bids In Violation Of Antitrust Laws* A federal grand jury returned an indictment against one company and four individuals for their roles in a long-running conspiracy to fix prices, rig bids, and allocate markets (...)

The Canadian Competition Authority enters into multilateral mutual assistance and cooperation framework with Competition Authorities in Australia, New Zealand, the UK, and the US
Commonwealth Secretariat (London)
Introduction The 21st century has brought about new challenges for competition agencies. Globalisation, falling trade barriers, deregulation and digitalisation are just some of the difficult issues agencies must now consider to ensure and protect free and open competition. To this end, (...)

The Canadian Competition Authority signs a competition enforcement framework with five foreign counterparts to strengthen its relationship and enhance cross-border enforcement
Canadian Competition Bureau (Gatineau)
Competition Bureau strengthens relationship with five foreign counterparts to enhance cross-border enforcement* News release Today, the Competition Bureau signed a new competition enforcement framework with the Australian Competition and Consumer Commission, the New Zealand Commerce (...)

The US FTC signs Multilateral Mutual Assistance and Cooperation Framework with US DOJ and competition authorities in Australia, Canada, New Zealand, and the United Kingdom
US Federal Trade Commission (FTC) (Washington)
FTC Chairman Joseph J. Simons Signs Antitrust Cooperation Framework with Australia, Canada, New Zealand, and United Kingdom* Multilateral Mutual Assistance and Cooperation Framework seeks to improve cooperation in an increasingly global economy Today, Federal Trade Commission Chairman Joseph (...)

The Australian Competition Authority partners with its counterpart competition agencies from five other countries to coordinate on cross-border investigations
Bird & Bird (Sydney)
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Bird & Bird (Sydney)
The Australian Competition and Consumer Commission (ACCC) recently entered into a new memorandum of understanding with its counterpart competition agencies from five other countries in order to share intelligence and investigate techniques to better coordinate competition investigations across (...)

The UK Competition Authority signs multilateral cooperation framework with its 5 counterparts in Australia, Canada, New Zealand and the US
United Kingdom’s Competition Authority - CMA (London)
CMA to increase competition cooperation with international partners* The CMA has signed a new framework with 5 of its international counterpart competition authorities to improve co-operation on investigations. The Multilateral Mutual Assistance and Cooperation Framework for Competition (...)

The Norwegian Court of Appeal in Borgarting upholds the Competition Authority’s decision finding an illegal cooperation between 2 publishing companies (Cappelen Damm / Gyldendal)
Norwegian Competition Authority
Court of Appeal upholds decision against publishing companies* Borgarting Court of Appeal agrees with the Norwegian Competition Authority that the publishing companies Cappelen Damm and Gyldendal cooperated illegally and boycotted the distributor Interpress. The publishers exchanged (...)

The Australian Competition Authority signs agreement to coordinate on cross-border investigations with competition authorities in Canada, New Zealand, UK, and the US
Australian Competition and Consumer Commission (Canberra)
Competition agencies to coordinate on cross-border investigations* Competition agencies from five countries including Australia will share intelligence, case theories and investigative techniques to better coordinate investigations across international borders, thanks to a new cooperation (...)

The US DoJ signs antitrust cooperation framework with US FTC and competition authorities in Australia, Canada, New Zealand, and the United Kingdom
US Department of Justice (Washington)
Assistant Attorney General Makan Delrahim Signs Antitrust Cooperation Framework With Australia, Canada, New Zealand, And United Kingdom* Multilateral Mutual Assistance and Cooperation Framework aims to boost international cooperation efforts Today, Assistant Attorney General Makan Delrahim (...)

The New Zealand Competition Authority signs multilateral framework enhancing international cooperation on competition enforcement with Australia, Canada, UK, and the US
New Zealand Commerce Commission (Wellington)
Commerce Commission signs multilateral framework enhancing international cooperation on competition enforcement* The Commerce Commission has signed a multilateral assistance and co-operation framework to enhance international cooperation on competition enforcement with the Australian (...)

The Slovak Competition Authority stops administrative proceedings in the matter of a joint venture after concluding that it does not constitute a merger because it will not permanently perform all the functions of an independent economic entity (Conti Tech Techno-Chemie / Dk)
Slovak Competition Authority (Bratislava)
MERGERS: AMO SR stopped an administrative proceedings in the matter of a merger of undertakings Conti Tech Techno-Chemie GmbH and dk Beteiligungsgesellschaft mbH* On 27 August 2020 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter “the Office”) on the (...)

The Danish Competition Authority accepts commitments from a digital platform to remove a mandatory minimum hourly fee for regular cleaning services providers on the platform (Hilfr)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
A Danish digital platform facilitating contact between providers of cleaning services and customers, www.hilfr.dk (‘Hilfr’), operated with a minimum hourly fee as a prerequisite for the providers to offer their services on the platform. The providers of cleaning services using Hilfr are divided (...)

The Danish Competition Authority approves takeover of subsidiary and customer agreements as fulfillment of remedy required in merger of parent company in the natural gas market (OK / Ørsted Varmeservice)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved OK a.m.b.a.’s acquisition of natural gas customer agreements and Ørsted Varmeservice A/S* On 18 August 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of OK a.m.b.a.’s (hereinafter “OK”) (...)

The Finnish Competition Authority opens in-depth investigation into the acquisition of agricultural business (Hankkija / SSO Rauta-Maatalous)
Finnish Competition and Consumer Authority (Helsinki)
FCCA opens in-depth investigation into the acquisition between Hankkija and SSO Rauta-Maatalous* The Finnish Competition and Consumer Authority (FCCA) will further investigate the proposed acquisition of the agricultural business of SSO Rauta-Maatalous Oy by Hankkija Oy. Hankkija is company (...)

The Romanian Competition Authority analyses a merger in the market for animal feed and related markets (Koninklijke DSM / Erber)
Romanian Competition Council (Bucharest)
The Competition Council Analyses the Taking Over of Erber Aktiengesellschaft by Koninklijke DSM N.V.* The Competition Council analyses the transaction by which Koninklijke DSM N.V. and its subsidiary, DSM International Participations B.V., intends to take over Erber Aktiengesellschaft. (...)

The Hong Kong Competition Authority cautions participants of anti-COVID-19 subsidy programs to comply with the Competition Ordinance Free
Hong Kong Competition Commission
Competition Commission cautions participants in anti-epidemic subsidy programmes to comply with Competition Ordinance* The Competition Commission (Commission) has noticed recent media reports on businesses suspected of engaging in collusive practices when procuring and supplying goods and (...)

The Mexican Competition Authority fines 11 companies and 14 individuals for colluding in public tenders for services of laboratory tests and blood banks (Selecciones Médicas / Vitalmex / Centrum / Impromed / Falcón ...)
Mexican Competition Authority (Mexico City)
COFECE fines companies and natural persons for colluding in tenders for services for laboratory tests and blood banks convened by IMSS and ISSSTE* The Board of Commissioners determined that 11 companies and 14 natural persons coordinated their bids or abstained from bidding in several tenders (...)

The Romanian Competition Authority opens investigation into the takeover of certain assets and shares between 2 competitors in the market for automotive components (Schlemmer Group / Delfingen Industry)
Romanian Competition Council (Bucharest)
The Competition Council Analyses the Taking Over of Some Assets of Schlemmer Group by Delfingen Industry S.a* The Competition Council analyses the transaction by which Delfingen Industry S.A. intends to take over some assets and shares of Schlemmer Group. Delfingen Industry S.A., based in (...)

The Japanese FTC clears managerial integration of 2 internet companies subject to conditions (Z Holdings / LINE)
Japan Fair Trade Commission (Tokyo)
The JFTC Reviewed the proposed managerial integration of Z Holdings Corporation and LINE Corporation* Receiving notifications regarding the proposed managerial integration between Z Holdings Corporation (JCN4010401039979) (hereinafter referred to as “ZHD”; a group of combined companies held by (...)

The Portuguese Competition Authority issues a statement of objections to six waste management companies for non-competition agreement (Blueotter / EGEO)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to six waste management companies for non-competition agreement* The AdC issued a Statement of Objections to six companies and six board members of the waste management groups Blueotter and EGEO with respect to a non-competition agreement, forbidden by (...)

The US DoJ announces that a proposed patent-pooling platform dedicated to 5G cellular technology standards for use in the automotive industry is unlikely to harm competition (Avanci)
Seyfarth Shaw (Boston)
DOJ Antitrust Division Approval of Pooling of “Essential” Standards Will Help Speed Integration of 5G Technology Into New Vehicles* The US Department of Justice (DOJ) Antitrust Division recently announced that it has concluded that a proposed patent-pooling platform dedicated to “essential” 5G (...)

The US DoJ issues a letter for monoclonal antibody manufacturers to expand their production and allows exchange of information during the COVID-19 pandemic Free
US Department of Justice (Washington)
Department Of Justice Issues Business Review Letter To Monoclonal Antibody Manufacturers To Expedite And Increase The Production Of Covid-19 Mab Treatments* The United States Department of Justice announced today that it will not challenge proposed efforts by Eli Lilly and Company, AbCellera (...)

The EU Commission issues a communication setting out specific best practices and recommendations for national courts to protect confidential information in private litigation proceedings
Portolano Cavallo (Milan)
The protection of confidential information is an issue of increasing importance in today’s business relationships, as well as in cases of litigation before the courts. Indeed, the issue not only arises in connection with modern business contracts, where the parties may exchange in real time and (...)

The Singapore Competition Authority issues a guidance note on collaborations between competitors in response to the COVID-19 pandemic Free
Bird & Bird (Singapore)
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Bird & Bird (Singapore)
COVID-19 has presented significant economic challenges to businesses across all industries, disrupting daily operations and global supply chains. During this time, temporary collaborations among competitors have become an important means of sustaining or improving the supply of essential goods (...)

The French Competition Authority imposes € 93 million fine on cartel in ham and cold meat sector (Charcuterie cartel)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 16 July 2020, the French Competition Authority (“FCA”) imposed a € 93 million fine on twelve ham and cold meats manufacturers (Cooperl Arc Atlantique, Les Mousquetaires, Fleury Michon, Coop, Savencia, Campofrio, Aubret, Sonical, La Financiere du Haut Pays, CA Animation, Nestle, Salaison du (...)

The French Competition Authority fines 12 manufacturers for cartel in the ham and cold meat sector (Charcuterie cartel)
French Competition Authority (Paris)
The Autorité hands out fines worth 93 million euros to a cartel in the ham and cold meats (charcuterie) sector* The manufactures involved (“cold meat manufacturers”) worked in concert in order to purchase cuts of ham from slaughterhouses at lower prices and/or were fixing the price increases for (...)

The French Competition Authority fines twelve undertakings for taking part in a double-sided cold meat cartel (Charcuterie cartel)
Addleshaw Goddard (Paris)
The French Competition Authority ("FCA") has fined twelve undertakings involved in a cartel at multiple levels of the ham and cold meats sector. On 16 July 2020, the FCA issued a decision (n°20-D-09) imposing fines to 12 undertakings which were party to a cartel in the ham and cold meats sector (...)

The EU General Court overturns the Commission’s biggest State aid recovery order worth over €13 billion in tax advantages (Apple)
New College of the Humanities (London)
Apple: One Case to Rule Them All* Some cases just have it all; the Apple case is one of them. First, size: at more than thirteen billion euros, the recovery order Ireland had to enforce dwarfed the previously biggest one (EDF, at around one billion euros). Second, international political (...)

The EU General Court annuls the Commission’s decision that Ireland had granted illegal State aid of at least €13 billion (Apple)
Oxera (London)
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Oxera (Brussels)
In July 2020, the EU General Court annulled the European Commission’s decision that Ireland had granted illegal state aid of at least €13bn to Apple through two tax rulings. The General Court’s judgment in the Apple case was one of the most keenly awaited judgments in the area of state aid. What (...)

The EU Commission fines ethylene purchasers in the chemical industry for participating in a cartel aimed at purchasing a product at the lowest possible price (Orbia / Clariant / Celanese / Westlake)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
On 22 January 2021, the European Commission published a non-confidential version of its decision to fine ethylene purchasers Orbia, Clariant and Celanese a total of EUR 260 million for participating in a cartel aimed at purchasing ethylene at the lowest possible price, to the detriment of (...)

The EU Commission fines ethylene purchasers €260 million in cartel settlement for colluding to buy at the lowest possible price (Orbia / Clariant / Celanese / Westlake)
DG COMP (Brussels)
Antitrust: Commission fines ethylene purchasers € 260 million in cartel settlement* The European Commission has fined Orbia, Clariant and Celanese a total of € 260 million for breaching EU antitrust rules. Westlake was not fined as it revealed the cartel to the Commission. The companies took (...)

The EU Commission fines ethylene purchasers €260 million in a cartel settlement (Orbia / Clariant / Calanese / Westlake)
Van Bael & Bellis (Brussels)
On 14 July 2020, the European Commission (the “Commission”) announced that it had adopted a decision fin‐ ing three ethylene purchasers a total of € 260,443,000. The companies concerned namely, Orbia (Mexico), Clari‐ ant (Switzerland), Calanese (United States) and Westlake (United States), were (...)

The EU Commission fines ethylene purchasers for having colluded and exchanged information on purchase prices (Orbia / Clariant / Celanese / Westlake)
Ashurst (Brussels)
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Ashurst (London)
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Ashurst (London)
Fines for ethylene purchasing cartel On 14 July 2020, the European Commission ("Commission") fined ethylene purchasers Orbia, Clariant and Celanese EUR 260 million for having colluded and exchanged information on purchase prices on the ethylene merchant market with a fourth participant, (...)

The French Competition Authority clears without conditions the acquisition of sole control in producer of metal parts for luxury companies by major luxury group (J3L / Hermès Group)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of sole control of J3L by the Hermès group* The Hermès group notified the Autorité de la concurrence of its plan to acquire sole control of the J3L company. After examining the effects of the transaction, the Autorité has cleared it without (...)

The German Competition Authority clears an acquisition of dating platforms on the basis that online dating market is characterised by dynamic growth, market entries and competition (Parship / Elite Partner / Lovoo)
Bird & Bird (Dusseldorf)
The ProSiebenSat.1 Group strengthens its Internet dating platform business with the acquisition of the US app developer Meet Group. Although the Federal Cartel Office (FCO) found, that the acquisition will lead to further concentration in the online dating sector, the FCO, however cleared the (...)

The German Competition Authority clears merger of online dating platforms within the merger of their holding companies (Parship / Elite Partner / Lovoo)
German Competition Authority (Bonn)
Parship and Elite Partner can acquire Lovoo* The Bundeskartellamt has cleared the planned acquisition of The Meet Group Inc., USA, by the ProSiebenSat.1 group. Since 2016 the portfolio of the ProSieben Sat.1 group has included the online dating platforms Parship and Elite Partner. The Meet (...)

The Swedish Competition Authority fines 2 interior design companies with over SEK 500,000 for coordinating sales prices of furniture (Artilleriet Interiors / Royal Design Group)
Swedish Competition Authority (Stockholm)
Two companies consensually agree to pay administrative fines for engaging in unlawful cooperation* Two companies engaged in the sale of interior design, furniture, and home furnishing have consented to pay a fine order from the Swedish Competition Authority. The companies coordinated some of (...)

The Turkish Competition Authority fines banks and financial institutions for not providing information and documents in a preliminary investigation (JPMorgan / ING / Citibank / Goldman Sachs / Türkiye Garanti Bankası)
Erdem & Erdem (Istanbul)
Introduction In the recently published decisions of the Competition Board ("Board"), it is observed that undertakings were fined due to the fact that requested information and documents were not provided at all, or were provided incompletely. The most interesting of these decisions is the (...)

The Japanese FTC issues a cease and desist order against 3 distributors of high school uniforms in Toyota City, Aichi Prefecture for engaging in anticompetitive conduct (Gakuseinomise Mikusa Toyotaten / Kondo Yofukuten / Nonoyama Yofuku)
Japan Fair Trade Commission (Tokyo)
JFTC Issued Cease and Desist Orders against Uniform Distributors of Aichi Prefectural High Schools in Toyota City* JFTC today issued cease and desist orders pursuant to the provision of Paragraph 2, Article 7 of the Antimonopoly Act (hereinafter referred to as “AMA”) against the uniform (...)

The Hungarian Competition Authority facilitates investments in start-ups after authorizing non-compete clauses in the sale contract (CodeCool)
Van Bael & Bellis (Brussels)
On 29 June 2020, the Hungarian Competition Authority (“GVH”) published a decision in which it accepted undertakings from a group of companies and private individuals that amended non-compete clauses in the context of an acquisition of a controlling stake in CodeCool, a Hungarian start-up company (...)

The Danish Competition Authority approves an energy and fiber optic group’s acquisition of several companies from another energy group with services covering mostly separate geographic markets, subject to divestment of customers in a highly overlapping market (SEAS-NVE / Ørsted)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved SEAS-NVE A/S’ acquisition of several companies from Ørsted A/S subject to commitments* On 28 May 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of SEAS-NVE A/S’ (hereinafter “SEAS-NVE”) (...)

The Danish Competition Authority orders a fashion company to stop anti-competitive information exchange with its retailers (Hugo Boss / Kaufmann) (Hugo Boss / Ginsborg)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 24 June 2020, the Danish Competition Council (“DCC”) adopted two separate decisions concerning anticompetitive conduct engaged in: (i) between the clothing manufacturer, supplier and retailer Hugo Boss Nordic ApS (“Hugo Boss”) and the retailer Axel Kaufmann ApS (“Kaufmann”) and (ii) between Hugo (...)

The Danish Competition Authority finds the exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items illegal (Hugo Boss / Kaufmann)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has adopted a decision finding the exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items illegal* On June 24 2020, the Danish Competition Council (DCC) adopted two separate decisions concerning (...)

The German Federal Court of Justice provisionally confirms allegation of a social media company abusing dominant position (Facebook)
German Competition Authority (Bonn)
Federal Court of Justice provisionally confirms allegation of Facebook abusing dominant position* Facebook uses terms of service that also allow for the processing and use of user data that are collected online outside the Facebook platform. The Bundeskartellamt prohibited Facebook from (...)

The Czech Competition Authority imposes fines for illegal cartel agreement in the rail freight transport market (AWT / Interfracht / Argo Logistics / Spedica)
Bird & Bird (Prague)
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Bird & Bird (Prague)
On 22 June 2020 the Czech Office for the Protection of Competition (Office) published a press release (without publishing the full decision yet) regarding fines imposed for concluding and executing a prohibited cartel agreement regarding train projects Carpathia, Sylvania, and New Carpathia. (...)

The US District Court for the Northern District of California announces a $100,000 fine and sentences to 40 months in prison a former CEO for his role in a tuna price-fixing conspiracy involving two competitors (Bumble Bee Foods)
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 16 June 2020, the former CEO of Bumble Bee Foods LLC was sentenced to 40 months in prison and fined US$100,000 for his role in a tuna price-fixing conspiracy involving two competitors. This sentence is one of the most significant penalties ever imposed on a corporate executive in a criminal (...)

The UK Competition Authority updates its investigation of roofing cartel with new provisional findings and secures admission of guilt by the country’s two largest suppliers of rolled lead (Associated Lead Mills / BLM British Lead)
United Kingdom’s Competition Authority - CMA (London)
Two UK roofing lead firms admit to illegal cartel* Two of the UK’s largest suppliers of rolled lead have admitted to taking part in anti-competitive arrangements and could face fines of more than £11 million. Rolled lead is an important product for the construction industry, used mainly for (...)

The EU Court of Justice narrows down the concept of “undertaking” with regard to health insurance bodies (Dôvera zdravotná poistʼovňa)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The Court of Justice of the European Union’s (the “Court of Justice”) judgment of 11 June 2020, Commission v. Dôvera zdravotná poistʼovňa is another brick in the case law concerning the concept of “undertaking” with regard to health insurance bodies. The background of the case is a Slovak compulsory (...)

The EU Court of Justice publishes its decision concerning a State aid question in the context of supplementary health insurance (Dôvera zdravotná poistʼovňa)
Leuven University
The Dovera-saga: Peace of mind for solidarity or cold feet for EU competition law?* Last summer’s CJEU judgment in Case C-262/18 P Dovera Zdravotna Poist’ovna has gone by quite unnoticed with only a few mentions and annotationsin the usual blogs and journals. However, this judgment – which (...)

The OECD holds a roundtable on conglomerate effects of mergers
OECD - Competition Division (Paris)
Conglomerate effects arise when a merger has an effect on competition, but the merging firms’ products are not in the same product market, nor are they inputs or outputs of one another. Mergers exhibiting conglomerate effects have taken on a new prominence in the digital era, as the largest (...)

The EU Commission refers to the French Competition Authority a takeover case of 567 French-owned hard discount stores by one of Europe’s main hard discount groups as per request of the acquisition parties (Leader Price / Aldi)
French Competition Authority (Paris)
The European Commission refers to the Autorité de la concurrence the takeover transaction of 567 Leader Price stores by Aldi* A few months after Aldi announced the takeover of Leader Price stores, the parties concluded, in March, a promise to purchase for 567 Leader Price stores and 3 (...)

The Indian Competition Authority finds four automotive and industrial bearing companies to have engaged in price-fixing and directs them to cease and desist from their collusive behaviour (Schaeffler / SKF / NEI / Tata)
Trilegal (Mumbai)
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Trilegal (Mumbai)
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Trilegal (Mumbai)
The Competition Commission of India (CCI) recently found National Engineering Industries Ltd. (NEI), Schaeffler India Ltd. (Schaeffler), SKF India Ltd. (SKF) and Tata Steel Ltd., Bearing Division (Tata) (collectively, OPs) to have collusively fixed the prices of automotive and industrial (...)

The UK High Court rules that complying with a court-ordered disclosure in patent infringement proceedings between pharmaceutical companies does not breach competition law (Teva / Chiesi)
Van Bael & Bellis (Brussels)
On 2 June 2020, the UK High Court delivered a judgment in a case pitting pharmaceutical companies Teva UK Limited (“Teva”) against Chiesi Farmaceutici (“Chiesi”) in which Mr Justice Birss ruled that complying with a court-ordered disclosure in patent infringement proceedings does not breach Article (...)

The Mexican Competition Authority opens a public consultation on draft modifications to the guidelines for the exchange of information between economic agents
Mexican Competition Authority (Mexico City)
Public Consultation on the Draft Modifications to the Guidelines for the Exchange of Information Between Economic Agents* Pursuant to articles 28, paragraphs 14th and 20th, section VI, of the Political Constitution of the United Mexican States; articles 12, section XXII, last paragraph, (...)

The Serbian Competition Authority clarifies who is considered to be a party to a concentration and how merger filing thresholds are calculated
Karanovic & Partners (Belgrade)
The Serbian Competition Commission has been laying low since the outbreak of corona virus, with the activities at the minimum. There has not been much news on its website either, except that on 1 June 2020, it clarified who is considered to be a party to a concentration and how merger filing (...)

The Dutch Competition Authority fines a cigarette manufacturer for hub-and-spoke cartel (British American Tobacco International / JT International Company Netherlands / Philip Morris / Van Nelle Tabak Nederland)
Bird & Bird (Amsterdam)
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Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
On 27 May 2020, the Dutch Authority for Consumers and Markets ("ACM") imposed a fine of € 82 million on four cigarette manufacturers for indirect information exchanges in violation of Article 101 TFEU and 6 Dutch Competition Act. It is the first fine ACM has given for indirect information (...)

The UK Government’s dairy produce order which relaxes the application of competition law in the dairy sector during COVID-19 pandemic has expired Free
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK government’s Dairy Produce Order of May 1, 2020, which temporarily relaxed the application of UK competition law to certain types of cooperation in the dairy sector between dairy produce suppliers or dairy logistic service providers during the ongoing coronavirus (COVID-19) pandemic, (...)

The UK Parliament adopts a dairy produce order which aims at relaxing UK competition law on certain aspects of cooperation between dairy suppliers and service producers to deal with the issues in the supply chain caused by the COVID-19 pandemic Free
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK Parliament on May 1 adopted the Dairy Produce Order, which temporarily relaxes the application of UK competition law to certain types of cooperation between either dairy produce suppliers or logistic service providers to address issues in the supply chain caused by the ongoing (...)

The Australian Competition Authority grants interim authorisation allowing retailers to collectively bargain with landlords about rent relief during the current COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
RETAILERS GRANTED AUTHORISATION TO COLLECTIVELY NEGOTIATE WITH LANDLORDS* The ACCC has granted interim authorisation allowing retailers to collectively bargain with landlords about rent relief during the COVID-19 pandemic. The interim authorisation, granted to the Australian Retailers (...)

The US DoJ allows an association of competing production companies to operate an online platform for offering their services with safeguards in place to avoid potential for anticompetitive conduct (Association of Independent Commercial Producers)
US Department of Justice (Washington)
Justice Department Issues Business Review Letter to the Association of Independent Commercial Producers* The Department of Justice announced today that it will not challenge a proposal by the Association of Independent Commercial Producers (AICP) to operate an online platform for advertisers (...)

The Lithuanian Competition Authority opens investigation into a suspected anticompetitive agreement among national basketball league and individual basketball clubs and warns similar agreements are not justified by the COVID-19 health emergency (Lithuanian Basketball League) Free
Lithuanian Competition Authority (Vilnius)
KONKURENCIJOS TARYBA LAUNCHES INVESTIGATION INTO SUSPECTED ANTI-COMPETITIVE AGREEMENT AMONG LITHUANIAN BASKETBALL LEAGUE AND BASKETBALL CLUBS* The Lithuanian competition authority Konkurencijos taryba has launched an investigation into a suspected anti-competitive agreement among the (...)

The EU Commission publishes its first comfort letter to foster cooperation among businesses in the pharmaceutical sector during COVID-19 pandemic Free
Morgan Lewis (London)
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Morgan Lewis (Brussels)
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Morgan Lewis (Brussels)
The European Commission published its first comfort letter in nearly 20 years on April 29, in an effort to foster cooperation among businesses during the coronavirus (COVID-19) pandemic. Here is what companies should know about the specific practices permitted under the comfort letter, as well (...)

The Chilean Supreme Court upholds a landmark decision by the Competition Tribunal condemning the country’s three largest supermarkets for conspiracy in fixing minimum resale prices of poultry (Walmart / Cencosud / SMU)
Garrigues (Provincia)
The Chilean Supreme Court recently upheld a landmark decision by the Competition Tribunal (“TDLC”) in Fiscalía Nacional Económica en contra de Cencosud S.A. y otras, Rol C-304-2016, condemning the country’s three largest supermarkets chains for having engaged in a conspiracy to fix minimum resale (...)

The Danish Competition Authority requests a referral to the EU Commission for a proposed acquisition between two financial services companies on the basis that the merger might affect markets in other member states (Mastercard / Nets)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
The Danish Competition and Consumer Authority ("DCCA") has for the first time ever requested a referral of a merger to the European Commission under Article 22(1) of the EU Merger Regulation. The referral concerns the proposed acquisition by Mastercard/Europay U.K Limited of certain parts of (...)

The US FTC sues to unwind a cigarette company’s $12.8 billion investment in its competitor in the market for closed-system e-cigarettes (Altria Group / JUUL Labs)
US Federal Trade Commission (FTC) (Washington)
FTC Sues to Unwind Altria’s $12.8 Billion Investment in Competitor JUUL* Today, the Federal Trade Commission filed an administrative complaint alleging that Altria Group, Inc. and JUUL Labs, Inc. entered a series of agreements, including Altria’s acquisition of a 35% stake in JUUL, that (...)

The Hong Kong Competition Authority launches a public consultation on the commitments offered by three online travel agents to remove certain parity clauses in their contracts with accommodation providers (Booking.com / Expedia / Trip.com)
Hogan Lovells (Hong Kong)
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Hogan Lovells (Beijing)
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Hogan Lovells (Hong Kong)
On 31 March 2020 the Hong Kong Competition Commission (HKCC) commenced a public consultation on the commitments offered by three online travel agents (OTAs) to remove certain parity clauses in their existing and future contracts with accommodation providers in Hong Kong. The consultation period (...)

The Mexican Competition Authority warns the national association of real estate developers to avoid possible agreements between competitors during the COVID-19 pandemic (ADI Mexico) Free
Mexican Competition Authority (Mexico City)
COFECE warns the National Association of Real Estate Developers to avoid possible agreements between competitors in this market* The Association has promoted among its members the granting of discounts to tenants, which could infringe the LFCE if these discounts are established or fixed (...)

The UK Government publishes an order that excludes certain arrangements in the healthcare sector from the Competition Act to tackle COVID-19 pressures Free
Hill Dickinson (Leeds)
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Hill Dickinson (London)
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Hill Dickinson (Leeds)
Healthcare providers - suspension of competition law provisions to tackle coronavirus pressures* To ensure that healthcare providers can work together effectively to tackle the coronavirus pandemic, an order has been made to exclude certain arrangements within the healthcare sector from (...)

The French Competition Authority imposes fines totalling €462,000 on five moving companies operating in the French overseas territories for colluding in the provision of moving services to the French Army (AGS Réunion / Océan Indien / DEM Austral Transdem / T2M)
Van Bael & Bellis (Brussels)
On 23 March 2020, the French Competition Authority (“FCA”) imposed fines totalling € 462,000 on five moving companies operating in the French overseas territory of Réunion for having colluded in the provision of moving services to the French army between Réunion and the French mainland. The (...)

The UK Government announces measures to allow supermarkets to work together to feed the nation during the COVID-19 outbreak Free
Morgan Lewis (London)
The UK government announced on March 19 that as part of a package of measures to allow supermarkets to work together to feed the nation during the coronavirus (COVID-19) outbreak, elements of competition law will be temporarily relaxed for the food sector. Authorities, however, stressed that (...)

The UK Government and the Competition Authority announce they will formally waive UK competition law for a limited period to allow supermarket retailers to share data on stock levels Free
McGuireWoods (London)
All companies are scrambling to respond to the challenges brought on by the COVID-19 pandemic and in various sectors cooperation between competitors is seen as part of the solution. However, cooperation — or in some cases contact or information exchange — between competitors potentially raises (...)

The UK Government and the Competition Authority adopt two recent measures against shortages and high prices during the COVID-19 outbreak Free
Greenberg Traurig (London)
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Greenberg Traurig (London)
The rapid spread of COVID-19 in the United Kingdom and the measures being implemented to counter the disease have resulted in an unprecedented surge of consumer demand for groceries and other essential supplies. Safeguarding consumers against shortages and high prices is at the heart of two (...)

The Romanian Competition Authority sets down guidelines on business practices for companies during the COVID-19 pandemic Free
CMS (Romania)
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CMS (Romania)
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CMS (Romania)
The Romanian Competition Council (RCC) has just set down guidelines on business practices for companies during the COVID-19 pandemic. While the competition watchdog acknowledges that companies should take certain protective measures to prevent the spread of the coronavirus (e.g. reduce (...)

The UK Competition Authority fines four pharmaceutical companies a total of £3,4 million for breaching competition law in relation to the supply of the antidepressant drug for market sharing and exchanging sensitive information (King Pharmaceuticals / Auden Mckenzie / Lexon / Alissa Healthcare)
Van Bael & Bellis (Brussels)
On 4 March 2020, the UK’s Competition and Markets Authority (“CMA”) fined four pharmaceutical companies a total of £ 3.4 million for breaching competition law in relation to the supply of the antidepressant drug nortriptyline. The companies involved in the infringement were King Pharmaceuticals, (...)

The Mexican Competition Authority issues its new regulatory provisions of the leniency and immunity program
Mexican Competition Authority (Mexico City)
COFECE issues Regulatory Provisions of the Leniency and Immunity Program* The Regulatory Provisions are legally binding and aimed at providing tat providing greater legal certainty on procedures related to the Leniency and Immunity Program Mexico City, March 4, 2020.- The Mexican Federal (...)

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

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

The Peruvian Competition Authority initiates a proceeding against construction companies and their executives for bid-rigging in the construction sector (Altesa Contratistas Generales)
Peruvian Competition Authority - INDECOPI (Lima)
Indecopi has initiated an administrative sanctioning proceeding against 35 construction companies and 28 of their executives for an alleged liability of participating in bid rigging in 112 public tenders nationwide in the construction sector* The 112 tenders were convened by the Ministry of (...)

The US FTC starts examining acquisitions by 5 Big Tech companies from the 2010-2019 period that were not reported to the antitrust agencies under the Hart-Scott-Rodino Act (Alphabet / Amazon / Apple / Facebook / Microsoft - 6(b) Platform Study)
US Federal Trade Commission (FTC) (Washington)
FTC to Examine Past Acquisitions by Large Technology Companies* Agency Issues 6(b) Orders to Alphabet Inc., Amazon.com, Inc., Apple Inc., Facebook, Inc., Google Inc., and Microsoft Corp. The Federal Trade Commission issued Special Orders to five large technology firms, requiring them to (...)

The Indian Competition Authority rules that the conduct of a bidder who hires proxy bidders is not anti-competitive (Plasser / Harbour Sales)
National University of Study and Research in Law (Ranchi)
Recently, Competition Commission of India (CCI) in the case of Plasser India v. Harbour Sales Private Limited., (Plasser India case) decided that a mere possibility of potential collusion based on common ownership of agents in a bid does not show anti-competitive conduct thereby not leading to (...)

The Italian Council of State reverses a banking cartel decision on account of the negligible competition impact (Raiffeisen)
Giannino SI (Monserrato)
Determining the appeal claims lodged in the Raiffeisen case, the highest administrative court or Council of State (hereinafter the Court) has reversed a previous infringement decision made by the Italian Competition Authority (ICA). The Court found that the contested restrictive business (...)

The Danish High Court finds two companies guilty of exchanging prices and coordinating tenders on several construction contracts (Jorton / Skjøde Knudsen)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
On 7 January 2020, the Danish High Court (“High Court”) found the two construction groups, Jorton A/S and H. Skjøde Knudsen A/S, guilty of having infringed the Danish Competition Act by exchanging prices and coordinating tenders on several construction contracts. The High Court found that the two (...)

The Danish High Court fines two companies for bid rigging in the construction sector (Jorton / H. Skjøde Knudsen)
Danish Competition and Consumer Authority (Copenhagen)
THE HIGHT COURT FINES TWO CONSTRUCTION COMPANIES FOR BID RIGGING * The High Court has fined the construction companies Jorton A/S and H. Skjøde Knudsen A/S respectively DKK 3,000,000 (€ 401,442) and DKK 267,628 (€ XXX) for bid rigging. Two members of the managements were fined respectively DKK (...)

The Hungarian Competition Authority fines undertakings €4.8 million for sharing EU-funded public procurement tenders for diagnostic imaging equipment (GE Hungary / Premier G / Euromedic Technology)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (’’GVH’’) fined several undertakings which were found to have shared amongst themselves the EU-funded public procurement tenders for diagnostic imaging (MRI, CT and X-ray) equipment in Hungary in 2015. The total fine amounts to EUR 4.8 million, with GE Hungary (...)

The Spanish Competition Authority opens investigation into potential anticompetitive practices in the maritime transport of passengers and vehicles in the South of Spain (Algeciras / Ceuta)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
The Spanish Competition and Markets Authority, CNMC, is investigating whether a number of companies active in maritime transport between Algeciras and Ceuta may be in breach of article 1 of the Spanish Competition Act (‘LDC’) and article 101 of the Treaty on the Functioning of the EU (‘TFEU’). (...)

The Austrian Supreme Court finds that the concept of single economic entity may also apply to jointly controlled undertakings (Exercise of voting rights by minority shareholder)
CERHA HEMPEL (Austria)
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CERHA HEMPEL (Austria)
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CERHA HEMPEL (Austria)
Company Law versus Competition Law – Minority shareholder successfully defends against the adoption of a resolution (6 Ob 105/19p)* For the first time following a longer break, the Supreme Court examined in depth the interplay between company law and antitrust law in case 6 Ob 105/19p – CERHA (...)

The EU Court of Justice confirms that a company does not necessarily insulate from State aid if it enjoys exclusive rights and operates in a sector covered by a legal monopoly (Arriva Italia)
Maastricht University
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The French Competition Authority fines meal vouchers issuers for exchanging information, market sharing, and price-fixing (Edenred France / Up / Natixis Intertitres / Sodexo Pass France)
French Competition Authority (Paris)
The Autorité de la concurrence fines the four historical meal vouchers issuers for a total of nearly 415 M€, for anticompetitive practices* Background The Autorité has been informed of anti-competitive practices in the meal vouchers sector by the company Octoplus (Resto Flash), which offers a (...)

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

The German Competition Authority fines steel manufacturers for collusion and exchange of sensitive information (Ilsenburger / Thyssenkrupp Steel / Voestalpine)
Van Bael & Bellis (Brussels)
According to a press release of the German Federal Cartel Office (“FCO”) dated 12 December 2019, the FCO fined steel manufacturers ThyssenKrupp, Ilsenburger Grobblech and Voestalpine Grobblech, as well as three individuals, a total amount of approximately € 646 million for exchanging sensitive (...)

The Turkish Council of State rejects an appeal request made by a cement producer concerning the Regional Administrative Court’s decision which imposed a monetary fine for engaging in concerted practices with its competitors, increasing prices and territorial allocation (Batısöke)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of 13th Chamber of the Council of State’s (“Council of State”) decision (E. 2019/1035, K. 2019/4253, 11.12.2019) concerning the last stop of the judicial review. In the judicial review process, Batisöke Söke Çimento Sanayii T.A.Ş. (“Batısöke”) filed to annul (...)

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

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

The Dutch Court of Appeal in Arnhem-Leeuwarden applies the EU competition law notion of an undertaking in a cartel damage claim procedure (GIS Cartel)
Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
On 26 November 2019 the Court of Appeal of Arnhem ("Court of Appeal") applied the EU competition law notion of an ‘undertaking’ in a cartel damage claim procedure between TenneT and entities belonging to the Alstom group of companies. The Court of Appeal ruled that one of these entities formed a (...)

The German Competition Authority fines car makers for steel purchasing cartel (BMW / Daimler / Volkswagen)
Van Bael & Bellis (Brussels)
According to a press release of the German Federal Cartel Office (“FCO”) dated 21 November 2019, car manufacturers BMW, Daimler and Volkswagen were fined a total amount of approximately € 100 million for their involvement in a steel purchasing cartel between 2004 and 2013. The anticompetitive (...)

The German Competition Authority fines €100 million three car manufacturers for joint anti-competitive practices concerning the purchase of long steel products (BMW / Daimler / Volkswagen)
Ashurst (Frankfurt)
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Ashurst (Munich)
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Ashurst (Munich)
On 21 November 2019, the German Federal Cartel Office ("FCO") issued fines totalling approximately €100 million on BMW, Daimler and Volkswagen for joint anti-competitive practices concerning the purchase of long-steel products. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS In 2018, the FCO imposed (...)

The EU Court of Justice leaves intact the Commission’s finding that e-procurement is a service of general interest which can be commercially exploited insofar as the State does not offer the service itself (TenderNed)
University of Bristol - Law School
In its Judgment of 7 November 2019 in Aanbestedingskalender and Others v Commission, C-687/17 P, EU:C:2019:932 (the ‘TenderNed’ case), the Court of Justice of the European Union (CJEU) rejected the appeal against the earlier Judgment of the General Court (GC) of 28 September 2017 (T-138/15, (...)

The EU Court of Justice provides further guidance on how economic activities linked to non-economic functions must be treated in a State aid context (Aanbestedingskalender)
Maastricht University
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The Turkish Competition Authority unconditionally approves an acquisition concluding that the parties, both controlled by state authorities of the People’s Republic of China, constitute separate entities (Tsinghua Tongfang / CNNC Capital)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Board’s CNNC Capital/Tongfang decision, regarding the acquisition of sole control over Tsinghua Tongfang Co. Ltd. (“Tongfang”) by China National Nuclear Corporation Capital Holdings Co. Ltd. (“CNNC Capital”). The Board assessed whether the parties, both (...)

The UK Competition Authority fines three construction companies for price-fixing, market sharing, and exchange of information (Stanton Bonna Concrete / CPM / FP McCann)
United Kingdom’s Competition Authority - CMA (London)
Construction firms fined £36 million for breaking competition law* The CMA has issued 3 firms with fines totalling more than £36 million for breaking competition law in supplying certain concrete drainage products for building projects. Following an investigation by the Competition and Markets (...)

The Hong Kong Competition Authority clarifies its approach to information exchange in a case involving the pharmaceutical sector (Hong Kong Association of the Pharmaceutical Industry)
Linklaters (Hong Kong)
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Linklaters (Hong Kong)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Hong Kong Competition Commission (“HKCC”) recently published its decision relating to a proposed market sales survey by the Hong Kong Association of the (...)

The Cypriot Competition Authority issues a decision imposing a fine of €33,843.81 on a local authority for pricing its water supply services for livestock productions excessively (Community Council of Kokkinotrimithia)
Stephanie Theodotou Lawyer (Cyprus)
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Trojan Economics (Nicosia)
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 amended (...)

The Brazilian Competition Authority recommends closing an administrative inquiry that investigates potential anticompetitive conduct in the transmission of sensitive information among competitors in the payment market
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
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Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
On October 14, CADE’s General Superintendence (GS) recommended closing an administrative inquiry investigating potential anticompetitive conduct. Such conduct consisted of the transmission of sensitive information among competitors in the payments market. More specifically, the investigation (...)

The Belgian Competition Authority issues a guide on the exchange of information in the framework of professional association
Belgian Competition Authority (Brussels)
Guide on the exchange of information in the framework of professional association* After completing the public consultations, the Board of the Belgian Competition Authority (BCA) has adopted on the 1st of October 2019 a guide on the exchange of information in the framework of professional (...)

The Belgian Competition Authority publishes a guide which sets out the principles of exchanging information between competitors and how it applies to associations of undertakings
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
On 1 October 2019, the Belgian Competition Authority published a Guide on the "Exchange of Information in the framework of Associations of Undertakings". The Guide sets out the main principles of exchanging information between competitors and how they apply to associations of undertakings, and (...)

The EU General Court provides further guidance concerning the concept of State aid in the context of fiscal measures favoring port authorities (Port autonome du Centre) (Port de Bruxelles) (Havenbedrijf Antwerpen)
Van Bael & Bellis (Brussels)
On 20 September 2019, the General Court delivered three judgments (Cases T-673/17, Port autonome du Centre and de l’Ouest and Others v. Commission, T-674/17, Le Port de Bruxelles and Région de Bruxelles-Capitale v. Commission, T-696/17, Havenbedrijf Antwerpen and Maatschappij van de Brugse (...)

The Portuguese Competition Authority fines 14 banks for exchange of information
Portuguese Competition Authority (Lisbon)
AdC imposes a fine of 225 million euros to 14 banks The Portuguese Competition Authority (Autoridade da Concorrência - AdC) fined 14 banks in the total amount of 225 million euros in connection with the concerted practice of exchanging sensitive commercial data, during a period of more than ten (...)

The Danish Competition Authority informs that an association of camera distributors accepts fine for price coordination and information exchange (Team DS)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: ”Team DS a.m.b.a., Denmark, accepts fine for price coordination and information exchange”* On 6 August 2019, the Danish association of camera distributors Team DS a.m.b.a. accepted to pay a fine of DKK 1,300,000 (€ 174,300) for coordination of prices and information exchange between the (...)

The Danish Competition Authority fines an association for photo dealers for illegal price coordination and exchange of information (Team DS)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
The Danish purchasing association for photo dealers, Team DS, has accepted a fine consisting of DKK 1.3 million for infringing the Danish Competition Act by coordinating prices and illegal information exchange. In addition to the imposition of a fine on the association itself, a fine of DKK (...)

The Indian Competition Authority fines companies for bid-rigging regarding a tender for the selection of an agency to carry-out tree census (Nagrik Chetna Manch / SAAR / CADD / Pentacle / Pune)
Trilegal (Mumbai)
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Trilegal (Bangalore)
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Trilegal (Mumbai)
The Competition Commission of India (CCI) recently found that SAAR IT Resources Private Limited (OP 1), CADD Systems and Services Private Limited (OP 2) and Pentacle Consultants (I) Private Limited (OP 3), collusively manipulated the process of bidding, by rigging the bids for the tender (...)

The Spanish Competition Authority fines eight companies that operate in the raw milk market for entering into an anticompetitive information exchange agreement (Industrias Lácteas 2)
Callol, Coca & Asociados (Madrid)
On 12 July 2019, the CNMC found that the main milk producers had entered into anticompetitive information exchanges (at the national and regional level) on raw cow milk purchase prices and volumes purchased from farmers and milk suppliers. Altogether, the fines amount to €80.6 million. The said (...)

The Estonian Competition Authority forms an opinion about the competition of 5G frequency licences and believes the frequency band should be divided into small blocks
Estonian Competition Authority (Tallinn)
The Competition Authority formed an opinion about the competition of frequency licenses in the frequency band of 3,410-3,800 MHz, as a result of which, the undertakings acquiring the licenses will start building a so-called 5G network for communications services. The Competition Authority (...)

The Spanish Competition Authority publishes a new ruling on the dairy sector cartel and imposes fines on companies and two trade associations amounting to €80.6 million (Industrias Làcteas 2)
CMS Albiñana y Suárez de Lezo (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
On 26 February 2015, the Spanish Competition Authority (“CNMC”) handed nine companies and two trade associations that operated in the dairy sector fines of EUR 88 million. These fines were annulled by the Spanish High Court in October/November 2018 after the Spanish Supreme Court declared that a (...)

The Spanish Competition Authority fines eight milk dairy companies and two industry associations for exchanging sensitive commercial information (Industrias Lacteas 2)
Bird & Bird (Madrid)
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Ecija & Asociados (Madrid)
On 11 July 2019, the Spanish Competition Authority ("CNMC") fined eight dairy companies and two industry associations with a total of €80,657,617 for infringing Article 1 of the Spanish Competition Act ("LDC") and Article 101 of the TFEU. The alleged anticompetitive practices took place in the (...)

The District Court of Rotterdam annuls a €41 million fine imposed by the Dutch Competition Authority on a railway operator for allegedly abusing its dominant position (Nederlandse Spoorwegen)
Bird & Bird (The Hague)
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Bird & Bird (Amsterdam)
ABUSE OF DOMINANCE FINE OF € 41 MILLION FOR DUTCH RAILWAY OPERATOR ANNULED* Introduction The Authority for Consumers and Markets (“ACM“, the Dutch competition authority) was in 2017 – after years of silence – finally able to fine an undertaking for abuse of dominance. A heavy fine of almost € 41 (...)

The Swiss Federal Supreme Court affirms a major ticket sale company’s sole legitimacy to submit a complaint against the Competition Commission’s prohibition of the merger between its wholly owned subsidiary and another company (Ticketcorner Holding / Tamedia)
Lenz & Staehelin (Zurich)
In its decision of June 24, 2019, the Federal Supreme Court affirms Ticketcorner Holding AG’s sole legitimacy to lodge a complaint against ComCo’s prohibition of the merger between its wholly-owned subsidiary Ticketcorner AG and Starticket AG. The Federal Supreme Court thereby clarifies that (...)

The Indian Competition Authority clears a minority shareholdings acquisition in the financial industry after the submission of the merger notification (Kedaara / Ajax)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI cleared the acquisition by Kedaara Capital Fund (Kedaara), a private equity fund, of an approximately 7.98% stake in Ajax Engineering (Ajax), a manufacturer of concreting equipment. [1] Since there were no horizontal overlaps or vertical relationships, the CCI concluded that the (...)

The Turkish Competition Authority grants an exemption to an electronic refuel and information system bringing together fuel distributors and to end-users in a two-sided market (Platform Aracılık / Danışmanlık)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Background The Turkish Competition Board (“Board”) has recently published its reasoned decision on an exemption application by Platform Aracılık ve Danışmanlık Ltd. Şti. (“Platform Aracılık”) regarding its sample agreements (hereinafter referred to as the “Agreement”) with five fuel distributors (“Fuel (...)

The UK Competition Authority provisionally finds that four pharmaceutical companies broke competition law by fixing the quantities and the prices of an anti-depressant drug (Auden Mckenzie / King / Alissa / Lexon)
United Kingdom’s Competition Authority - CMA (London)
Suppliers of antidepressants accused of illegal anti-competitive conduct* The CMA has provisionally found that 4 pharmaceutical companies broke competition law in relation to the supply of an anti-depressant drug. The Competition and Markets Authority (CMA) has accused competitors King and (...)

The Spanish Competition Authority fines €33.88 million publishing houses and an association for the application of a mechanism to restrict trade policies and commercial conditions (ANELE)
Bird & Bird (Madrid)
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Ecija & Asociados (Madrid)
On 30 May 2019, the Spanish Competition Authority ("CNMC") imposed a total fine of 33.88 million EUR on the National Association of Text Books and Teaching Materials Publishers ("ANELE") and 34 publishing houses for the application of a mechanism to restrict trade policies and commercial (...)

The Spanish Competition Authority fines non-university textbook publishers and an association for allegedly creating a mechanism to coordinate commercial policies and terms and conditions of trade (ANELE)
Callol, Coca & Asociados (Madrid)
The NMCC has declared that the association ANELE and all the publishers under investigation have breached Article 1 SCA and Article 101 TFEU, in relation to (i) the adoption and implementation of ANELE’S Code of Conduct (CoC), which restricted promotional activities; and (ii) digital books, due (...)

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

The EU Commission fines five banks for participating in foreign exchange spot trading cartel (Barclays / RBS / Citigroup / JPMorgan / MUFG)
DG COMP (Brussels)
Antitrust: Commission fines Barclays, RBS, Citigroup, JPMorgan and MUFG €1.07 billion for participating in foreign exchange spot trading cartel* In two settlement decisions, the European Commission has fined five banks for taking part in two cartels in the Spot Foreign Exchange market for 11 (...)

The EU Commission imposes a fine of €1.07 billion on five banks for participating in two foreign exchange spot trading cartels in the banking sector (Barclays / RBS / Citigroup / JPMorgan / MUFG)
Bird & Bird (Brussels)
On 16 May 2019, in two settlement decisions, the European Commission ("EC") has fined Barclays, RBS, Citigroup, JPMorgan and MUFG 1.07 billion EUR for participating in two foreign exchange spot trading cartels (see EC press release here). “Foreign exchange spot-trading activities are one of the (...)

The EU Commission imposes fines totaling over €1 billion on banks for their involvement in two separate cartels in the spot foreign exchange markets (Barclays / RBS / Citigroup / JPMorgan / MUFG)
Van Bael & Bellis (Brussels)
On 16 May 2019, the European Commission adopted two decisions under its cartel settlement procedure, in which it imposed fines totalling € 1.07 billion on five banks for their involvement in two separate cartels on the spot foreign exchange markets for eleven currencies. The banks involved in (...)

The Polish Competition Authority clears merger subject to the resulting corporate group’s accepting to sell two fuel stations (BP Europa / Arge Paliwa / Arge Nieruchomości)
Polish Competition Authority (Warsaw)
Conditional approval for concentration: BP - Arge* The Office of Competition and Consumer Protection (UOKiK) issued an approval for acquisition, by BP Europa, of control over Arge Paliwa and Arge Nieruchomości. The Transaction may become effective under the condition that the acquiring company (...)

The Danish City Court of Hillerod fines a demolition company for exchanging prices with a competing company in four cases (Nedrivningsaktieselskabet J. Jensen)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Demolition Company fined DKK 1 million in bid rigging case* The City Court of Hillerød has fined the demolition company Nedrivningsaktieselskabet J. Jensen DKK 1 million for exchanging prices with a competing demolition company in four cases. Moreover, the City Court fined two members (...)

The Hong Kong Competition Authority publishes a cooperation and settlement policy expanding its leniency program
Hogan Lovells (Hong Kong)
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Hogan Lovells (Hong Kong)
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Hogan Lovells (Beijing)
On 29 April 2019, the Hong Kong Competition Commission (’HKCC’) published the Cooperation and Settlement Policy for Undertakings Engaged in Cartel Conduct (’Cooperation Policy’). In essence, the Cooperation Policy expands HKCC’s Leniency Policy, published in November 2015, just before the full (...)

The Hong Kong Competition Authority publishes a cooperation and settlement policy to complement its existing leniency framework
Hong Kong Competition Commission
The Commission has published a Cooperation and Settlement Policy for Undertakings Engaged in Cartel Conduct (Cooperation Policy) as a supplement to its existing Leniency Policy for Undertakings Engaged in Cartel Conduct (Leniency Policy) and Enforcement Policy. Under the Cooperation Policy, (...)

The Estonian Competition Authority opens criminal proceedings to investigate a possible restriction of competition in the agricultural equipment market
Estonian Competition Authority (Tallinn)
Authority conducts criminal proceedings for investigating a possible restriction of competition in companies selling agricultural equipment* In the framework of a criminal case concerning a possible restriction of competition, the Competition Authority carried out searches at the premises of (...)

The Spanish Competition Authority fines €57.71 million three tobacco companies and their distributor for participating in an exchange of commercially sensitive information (Philip Morris / Altadis / JT international)
Bird & Bird (Madrid)
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Ecija & Asociados (Madrid)
On 10 April 2019, the Spanish Competition Authority ("CNMC") fined three of the world’s largest tobacco companies - Philip Morris, Altadis and JT International – and their common distributor, Logista – with 57.71 million EUR for participating in an exchange of commercially sensitive information in (...)

The Spanish Competition Commission fines tobacco manufacturers for an anticompetitive exchange of strategic information (Philip Morris / Altadis / JT International Iberia / Logista)
Callol, Coca & Asociados (Madrid)
The Spanish National Markets and Competition Commission (NMCC) has fined Spain’s main tobacco manufacturers, Philip Morris, Altadis, JT International Iberia, as well as wholesaler Logista for an anticompetitive exchange of strategic information. Logista facilitated immediate access to its daily (...)

The EU Commission concludes that aspects of UK controlled foreign company rules constitute unlawful State aid
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Commission has published a summary of its findings in its state aid investigation into the U.K.’s controlled foreign company (CFC) finance company (...)

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

The EU Court of Justice holds that the principles applied in order to determine the relevant entities for liability for fines should also be applied to determine the relevant entities liable for damages under private damages claims (Vantaan kaupunki / Skanska)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
In a preliminary ruling request made by the Finnish Supreme Court on the question of the relevant entities liable for damages, the Court of Justice of the EU (CJEU) held that principles applied in order to determine the relevant entities for liability for fines under Articles 101 and 102 TFEU (...)

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

The EU Court of Justice expands cartel damages liability for corporate parents and successors (Vantaan Kaupunki / Skanska Industrial Solutions)
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Short The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a (...)

The EU Court of Justice hands down a judgement in which it ensures victims of competition law breaches get compensation in the context of an asphalt cartel (Vantaan Kaupunki / Skanska)
Hausfeld (London)
On 14 March 2019, the Court of Justice of the European Union (“CJEU”) handed down an important judgment for victims of competition law infringements: ensuring that their fundamental right to compensation for losses caused by such infringements cannot be circumvented by the sale or dissolution of (...)

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

The EU Court of Justice extends the concept of economic continuity to claims for damages so that entities which have violated competition are subject to sanctions (Vantaa / Skanska Industrial Solutions)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On March 14, 2019, the Court of Justice of the European Union (CJEU) delivered a landmark judgment in a preliminary referral from the Korkein Oikeus (the Finnish Supreme Court), addressing several pillars of EU competition law (case C-724/17, Vantaa v. Skanska Industrial Solutions and others). (...)

The Turkish Competition Authority finds exchange of informations and supply restrictions from nine undertakings during an investigation in the Poultry sector (Investigation in the Poultry Sector)
ACTECON (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ACTECON (Istanbul)
The Turkish Competition Authority (“TCA”) has concluded its full-fledged investigation regarding a total of 20 undertakings operating in the poultry sector. In its decision dated 13.03.2019 and numbered 19-12/155-70, the TCA held that the following 9 undertakings violated Article 4 of the Law No. (...)

The Turkish Competition Authority initiales a full-fledged investigation on the Turkish poultry sector and concludes that sector specific justifications are not enough to prevent violations (BESDBIR)
Balcıoğlu Selçuk Akman Keki (BASEAK)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
ASSESSMENT OF INFORMATION EXCHANGE FINES UNDER TURKISH COMPETITION LAW REGIME: SECTOR SPECIFIC JUSTIFICATIONS MAY NOT BE ENOUGH TO PREVENT THE VIOLATIONS !* Competition law, at its core, is a case law based practice. The natural habitat of enforcement for competition rules is the consolidation (...)

The Danish Competition Authority fines plumbing companies for entering into a cartel agreement (Christoffersen & Knudsen / Sanoterm)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
On 7 March 2019, a Danish plumbing company (Christoffersen & Knudsen A/S) was fined DKK 575,000 (€ 77,000) by the Danish State Prosecutor for Serious Economic and International Crime for entering into a cartel agreement with their competitor (Sanoterm Danmark A/S). In the same case complex, (...)

The Danish Competition Authority fines several plumbing companies and three managers for bid-rigging (Christoffersen & Knudsen)
Danish Competition and Consumer Authority (Copenhagen)
Plumbing company and management members from several plumbing companies pay fines in settlements for bid rigging* The plumbing company Christoffersen & Knudsen A/S and three members from the management in this and two other plumbing companies have entered into settlements with the Danish (...)

The EU Commission fines car safety equipment suppliers € 368 million in cartel settlement for illegal information exchanges (Takata / Autoliv / TRW)
DG COMP (Brussels)
Antitrust: Commission fines car safety equipment suppliers € 368 million in cartel settlement* The European Commission has fined Autoliv and TRW a total of € 368 277 000 for breaching EU antitrust rules. Takata was not fined as it revealed the cartels to the Commission. The companies took part (...)

The EU Commission imposes fines totalling € 368 million on car safety equipment suppliers in cartel settlement decision (Takata / Autoliv / TRW)
Van Bael & Bellis (Brussels)
On 5 March 2019, the European Commission (the “Commission”) announced that it had imposed total fines of € 368,277,000 on two car safety equipment suppliers, Autoliv and TRW, for their involvement in two cartels concerning the supply of car seatbelts, airbags and steering wheels to European car (...)

The UK FCA makes the first use of its enforcement powers under competition law and in a landmark decision fines 3 asset managers for exchanging "strategic" information (Hargreave / Newton / RAMAM)
White & Case (London)
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White & Case (Brussels)
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Stephenson Harwood
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Summary In a landmark decision on 21 February 2019 (the “Decision”), marking the first use of its enforcement powers under the Competition Act 1998 (“CA 1998”), (...)

The UK FCA issues its first formal decision under its competition law enforcement powers by fining three asset management firms in an IPO context (Hargreave / Newton / RAMAM)
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
On 21 February 2019, the Financial Conduct Authority (FCA) issued a decision finding that three asset management firms breached competition law in the context of an initial public offering (IPO). This marks the FCA’s first formal decision under its competition law enforcement powers, which it (...)

The UK FCA fines companies sharing strategic information on a bilateral basis during an initial public offering (Hargreave / Newton / RAMAM)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 21 February, the UK Financial Conduct Authority (the “FCA”) found that Hargreave Hale Ltd (“Hargreave Hale”), Newton Investment Management Limited (“Newton”), and (...)

The UK FCA issues its first antitrust decision and fines several companies for sharing strategic information during an initial public offering (Hargreave / Newton / RAMAM)
Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The U.K. Financial Conduct Authority (FCA) has issued its first antitrust decision since obtaining competition law powers four years ago. The decision is a controversial one. It sets the FCA up as a strict enforcer on the type of information that competing investors can share when making (...)

The UK FCA finds that three asset management firms breached competition law in the context of an initial public offering in the financial market through bilateral exchanges of confidential, strategic information regarding their bidding intentions (Hargreave / RAMAM / Newton)
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
On 21 February 2019, the Financial Conduct Authority (FCA) issued a decision finding that three asset management firms breached competition law in the context of an initial public offering (IPO). This marks the FCA’s first formal decision under its competition law enforcement powers, which it (...)

The UK Court of Appeal upholds the UK Competition Authority’s fining and confirms that a single exchange of pricing information is sufficient for a "by object" infringement (Balmoral Tanks)
Baker Botts (Brussels)
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Baker Botts (Brussels)
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Baker Botts (London)
ONE-TIME INFORMATION EXCHANGE SUFFICIENT – A RECENT REMINDER IN THE UK* The UK’s Competition and Markets Authority (“CMA”) recently welcomed the Court of Appeal’s dismissal of a challenge brought against a decision of the Competition Appeal Tribunal (“CAT”) by Balmoral, a supplier of steel water (...)

The EU General Court annuls the Commission’s decision which classified Belgium’s "excess profit" tax scheme as State aid (Magnetrol International)
Van Bael & Bellis (Brussels)
On 14 February 2019, the General Court (“GC”) issued a judgment annulling the decision of the European Commission (the “Commission”) concerning the Belgian “excess profit” tax rulings (Joined Cases T-131/16 and T-263/16, Belgium and Magnetrol International v. Commission). Under Belgian law, Belgian (...)

The EU General Court delivers its first judgment on State aid through tax rulings by annulling the Commission’s decision on the Belgian excess profit ruling system (Magnetrol International)
Clifford Chance (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 14 February 2019, the EU General Court annulled the European Commission’s State aid decision relating to the Belgian excess profit ruling system. The General (...)

The EU General Court overturns the Commission’s finding that Belgium granted unlawful State aid through advance tax rulings (Magnetrol International)
Maastricht University
Many Tax Rulings Do Not Make a Single Aid Scheme* The autonomy that Member States enjoy in the field of direct taxation must be exercised in compliance with EU State aid law. A State aid measure is considered to be a “scheme” when (a) no further implementing acts are necessary, (b) the granting (...)

The EU General Court annuls the Commission’s State aid decision regarding the Belgian excess profits tax ruling system (Magnetrol International)
Simmons & Simmons (Brussels)
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Simmons & Simmons (Brussels)
In a Decision of 11 January 2016, the European Commission declared the Belgian excess profit scheme, pursuant to which Belgium granted advance tax rulings authorising Belgian entities which were part of multinational groups to exempt part of their profits from corporate income taxation, (...)

The Italian Competition Authority finds two anti-competitive agreements in the market for the provision of fire prevention services (Wood Firefighting Services)
Giannino SI (Monserrato)
In the recent Wood Fire Service case, the Italian Competition Authority (ICA) has found two anti-competitive agreements put in place by several players in the market for the provision of wood fire prevention services. The first anti-competitive agreement took the shape of a bid rigging practice (...)

The Danish City Court of Hellirød fines competing demolition companies for bid coordination by exchanging prices (Nedrivning)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
On 8 February 2019, the City Court of Hillerød concluded that CMP Nedrivning ApS (a Danish demolition company) had violated section 6 of the Danish Competition Act (corresponding to Article 101 TFEU) by coordinating prices with competing demolition companies. The company was found to be part of (...)

The Competition and Consumer Commission of Singapore fines hotels for exchanging commercially sensitive information (Capri / Village Hotels / Crowne Plaza)
Baker McKenzie (Singapore)
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Baker McKenzie (Singapore)
Finding of Single Economic Entity in the Competition and Consumer Commission of Singapore’s infringement decision against 4 competing hotels for the exchange of commercially sensitive corporate customer information between competing hotels in Singapore. On 30 January 2019, the CCCS issued its (...)

The Indian Competition Authority fines 2 sellers of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Godrej / Boyce)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel* The Competition Commission of India (“CCI/ Commission”), by way of order dated 15.01.2019, has imposed a penalty of INR 85,01,364/-on Godrej and Boyce manufacturing Co. Limited (“Godrej”) for acting in (...)

The Indian Competition Authority re-imposes fines on a professional association for limiting supply with its certification requirements in the pharmaceutical industry (Vedanta Bio Sciences Vadodara / Chemists and Druggists Association of Baroda)
Vaish Associates Advocates (New Delhi)
CCI Imposes Penalty on Chemists and Druggists Association of Baroda* CCI, by way of order dated 15.01.2019 has found the Chemists and Druggists Association of Baroda (‘CDAB’) to be in contravention of the Act by indulging in the activity of limiting and controlling the supply of drugs and (...)

The Italian Council of State confirms that the Italian Competition Authority wrongly established a bid rigging practice in the medical sector (Alliance / Siemens / Philips / Toshiba / AGCM)
Giannino SI (Monserrato)
By its recent judgment in Magnetic Resonance Imaging Scanners (MRI Scanners) the Italian Council of State uphold on appeal the judgement previously handed down by the Regional Administrative Court of Latium (TAR Latium). The TAR Latium set aside a decision made by the Italian Competition (...)

The EU Commission opens an in-depth investigation into the tax treatment of an US multinational company in the Netherlands (Nike)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into tax treatment of Nike in the Netherlands* The European Commission has opened an in-depth investigation to examine whether tax rulings granted by the Netherlands to Nike may have given the company an unfair advantage over its competitors, (...)

The Danish Competition Appeal Tribunal confirms fines imposed to members of an association of camera distributors for participating in anticompetitive agreements
Danish Competition and Consumer Authority (Copenhagen)
Anti-competitive agreement/decision in an association of camera distributors* The Danish Competition Appeal Tribunal has upheld a decision taken by the Danish Competition Council (DCC) that a horizontal cooperation agreement/decision among more than 50 independent camera distributors, who are (...)

The EU Commission sends a statement of objection to four banks accused of collusion in the bond trading market
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections in US Dollar supra-sovereign, sovereign and agency bond trading cartel* The European Commission has informed four banks of its preliminary view that they have breached EU antitrust rules by colluding, in periods from 2009 to 2015, to distort (...)

The Italian Competition Authority finds a cartel in the market for car hire purchase and imposes a record fine of €670 million (Banca / Banque PSA / Santander Consumer Bank / BMW Bank)
Giannino SI (Monserrato)
In the Car Finance case the Italian Competition Authority (ICA) has levied a record-breaking fine of overall € 670 million on the participants to a secret cartel affecting the business sector of car hire purchase. The anticompetitive agreement was put in place by several car manufacturers, BMW, (...)

The Turkish Competition Authority determines whether members of the guard rails and road safety systems have violated article 4 of the Law No. 4054 on the Protection of Competition through collusive tendering and bid rigging (Çelik Otokorkuluk)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) decision of 22 November 2018 numbered 18-44/702-344 in which the Board assessed the allegations that several undertakings–which are all active in the steel guardrail sector in Turkey and members of the Turkish Association of Steel (...)

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

The US DoJ reaches settlement with six broadcast television companies and prohibits share of competitively sensitive information in the television spot advertising market (Sinclair Broadcast Group / Raycom Media / Tribune Media Company / Meredith Corporation / Griffin Communications / Dreamcatcher Broadcasting)
McDermott Will & Emery (Washington)
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Crowell & Moring (Washington)
THE LATEST: DOJ Reaches Settlement with Six Broadcast Television Companies* The Department of Justice (DOJ) and six broadcast television companies reached settlements last week after the DOJ claimed that the companies shared competitively sensitive information that allowed the parties to alter (...)

The EU Commission finds a State aid to a Conservatory to be compatible with the internal market (Fundació Privada Conservatori del Liceu)
Maastricht University
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The Indian Competition Authority does not find "product information service" charges anticompetitive in the pharmaceutical industry because they are not mandatory (RDCA Retail / Dispensing Chemists Association)
Vaish Associates Advocates (New Delhi)
CCI exonerates RDCA of anti-competitive conduct in pharmaceutical market- disagrees with findings of the DG* The CCI, by way of an order dated November 8, 2018 exonerated Retail and Dispensing Chemists Association, located in Mumbai (“RDCA”) on allegations of limiting and controlling free supply (...)

The Indian Competition Authority exonerates parties from allegations of cartelization despite having admitting coordination in the flashlight market (Eveready / Panasonic / Indo National / Geep / AIDCM)
Vaish Associates Advocates (New Delhi)
CCI holds that mere information exchange by itself is not anti-competitive, in spite of leniency applications filed* The Competition Commission of India (”CCI”) by way of an order dated November 6, 2018 has exonerated Eveready Industries India Limited (“Eveready”), Panasonic Energy India Co. Ltd. (...)

The Indian Competition Authority dismisses abuse of dominance allegations in the market for online marketplace platforms because it finds no dominance in the relevant market (All India Online Vendors Association / Flipkart India)
Vaish Associates Advocates (New Delhi)
CCI defines online sale platform as a separate relevant market -holds neither Flipkart nor Amazon as dominant in the market for online marketplace platforms* CCI, by way of order dated 06.11.2018 has dismissed allegations against Flipkart India Private Limited (“Flipkart India”) and Flipkart (...)

The Indian Competition Authority holds that information exchange is not a standalone violation of the Indian Competition Act (Flashlights cartel)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
On 6 November 2018, the Competition Commission of India (CCI) found that four manufacturers/traders of flashlights and their trade association (the Opposite Parties) were not involved in cartelisation as, despite an information exchange, there was not enough corroborating evidence to suggest a (...)

The Spanish Competition Authority examines possible price fixing and other vertical restrictions in the animal health products market (Medicamentos Veterinarios)
CMS Albiñana y Suárez de Lezo (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
Background On 16 September 2014, the National Association for Animal Health (“ASEMAZ-ASA”) filed a complaint before the Spanish Competition Authority (“CNMC”) against several companies active in the animal health products market (“the Companies”) for alleged anti-competitive practices in breach of (...)

The South African Competition Tribunal rejects a tender collusion allegation on the basis that the tender was a sham (Geometry / Vaxiprox)
Anheuser-Busch InBev (Leuven)
The Competition Commission of South Africa (the Commission) sought an order from the Competition Tribunal of South Africa (the Tribunal) declaring that two brand activation companies (Geometry Global (Pty) Ltd (Geometry) and Vaxiprox (Pty) Ltd (Vaxiprox)) had colluded on a tender issued by a (...)

The EU Commission holds that Luxembourg did not grant illegal State aid to a fast-food company as a consequence of the exemption of income attributed to a US branch (McDonald’s)
Stockholm University
Fiscal State Aid and Tax Treaty Law: the puzzling decision in the McDonald’s Case* On 17 December 2018 the European Commission issued the public version of its decision in the McDonald’s case (SA.38945). The Commission found, contrary to its initial conclusion in the opening decision, that (...)

The EU Commission finds that the non-taxation of certain profits of a fast-food company in Luxembourg is in line with the EU State aid rules (McDonald’s)
DG COMP (Brussels)
State aid: Commission investigation did not find that Luxembourg gave selective tax treatment to McDonald’s* The Commission has found that the non-taxation of certain McDonald’s profits in Luxembourg did not lead to illegal State aid, as it is in line with national tax laws and the (...)

The Indian Competition Authority fines manufacturer associations for bid rigging in public procurement program for ethanol, ignoring market economics (ISMA Indian Sugar Mills Association / EMAI Ethanol Manufactures Association of India)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty on Sugar mill manufacturers and Trade Associations (ISMA and EMAI) for collusive bidding in Government tender under the Ethanol Blending Programme* The Competition Commission of India (CCI/Commission) vide order dated September 18, 2018 has imposed heavy monetary penalties (...)

The French Supreme Court uses the EU Court of Justice framework to overturn a judgment issued in a cartel of endives producers (Endive cartel)
Niddam-Drouas Avocats (Paris)
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Niddam-Drouas Avocats (Paris)
In the endive cartel case, the French Supreme Court (Cour de casssation) judgement issued 12 September 2018 analyses the relationship between competition law and EU agricultural rules. In its decision following a preliminary ruling issued by the European Court of Justice (ECJ), the Supreme (...)

The Hellenic Competition Commission clears merger between two companies in the energy sector after concluding that the transaction does not raise competition concerns (Motor Oil / NRG Trading House)
Hellenic Competition Authority (Athens)
Clearance of the proposed acquisition by «Motor Oil (Hellas) Corinth Refineries S.A.» (MOH) of sole control over «NRG Trading House S.A.»* By virtue of a unanimous Decision, the Chamber of the Hellenic Competition Commission approved, under Greek merger control rules, the proposed acquisition by (...)

The Indian Competition Authority fines seller of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Geep Industries India)
Vaish Associates Advocates (New Delhi)
Competition Commission of India (CCI) imposes penalty on Geep Industries for being a member of bilateral “ancillary” cartel* By way of order dated August 30, 2018, the CCI imposed a penalty of INR 9,64 06,682 (Nine crores sixty-four lakh six thousand six hundred and eight two) on Geep Industries (...)

The US FTC settles civil complaint regarding wage-fixing against a medical staffing agency (Your Therapy Source)
McDermott Will & Emery (Paris)
A recent settlement shows that the US Federal Trade Commission (FTC) will use its enforcement authority to target employer collusion in the labor market. What Happened The FTC brought a complaint against a medical staffing agency, Your Therapy Source, LLC, and the owner of a competing (...)

The Indian Company Law Appellate Tribunal (NCLAT) upholds the Indian Competition Authority’s record fine imposed in the cement cartel case (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates Advocates (New Delhi)
NCLAT upholds the highest penalty imposed by CCI on cement cartel* The National Company Law Appellate Tribunal (NCLAT) by way of a judgement dated 25 July 2018 has upheld the penalty imposed by the Competition Commission of India (CCI) on 11 cement companies for cartelization. The CCI in its (...)

The German Competition Authority fines several steel companies for price-fixing and exchanging information (ArcelorMittal Commercial Long / Cologne / Dörrenberg Edelstahl / Engelskirchen Kind & Co. / Edelstahlwerke / Wiehl / Saarstahl / Völklingen / Schmidt + Clemens / Lindlar and Zapp Precision Metals / Schwerte)
German Competition Authority (Bonn)
Bundeskartellamt imposes first fines totalling approx. 205 million euros on special steel companies* The Bundeskartellamt has imposed fines totalling approx. 205 million euros on six special steel companies, a trade association and ten individuals for concluding price-fixing agreements and (...)

The Indian Competition Authority fines state chemists’ association and 3 pharma companies for anticompetitive practice of "No Objection Certificates" prior to appointment of stockists (Alis Medical Agency / Federation of Gujarat State Chemists & Druggists Associations)
Vaish Associates Advocates (New Delhi)
CCI imposes penalties on the Chemists’ Associations in State of Gujarat and three pharma companies for indulging in practice of “No Objection Certificate” before appointment of stockists* The Competition Commission of India (“CCI”) by way of an order dated 12 July 2018 has imposed penalty on the (...)

The Indian Competition Authority dismisses cartel allegations against 37 suppliers of signaling cables to national railways (North Western Railway / Rajasthan Transformers and Switchgears)
Vaish Associates Advocates (New Delhi)
CCI closes allegation of cartel against 37 suppliers of signaling cables to Indian Railways* The Competition Commission of India (CCI/Commission ) by way of an order dated 12 July 2018 rejected the findings of the Director General (DG) and closed the case against 37 signaling cable (...)

The Indian Competition Authority decides its fourth leniency and fines broadcasting service providers for bid-rigging in tenders floated by sports broadcasters (Essel Shyam Communication / Globecast India / Globecast Asia)
Vaish Associates Advocates (New Delhi)
CCI decides its fourth leniency, imposes penalty on broadcasting service providers for bid-rigging in tenders floated by Sports Broadcasters* By way of an order dated 11 July 2018, the Competition Commission of India (CCI) imposed a penalty of INR 22.36 Crore on Essel Shyam Communication (...)

The Danish Competition Authority adopts guidelines on joint bidding under competition law
Danish Competition and Consumer Authority (Copenhagen)
New guidelines on joint bidding under competition law* The Danish Competition and Consumer Authority published new guidelines on how to assess joint bidding under competition law on 25 April 2018. These guidelines are now available in English. The guidelines address the assessments (...)

The Russian Competition Authority exposes a large cartel of medical products suppliers (RM Endovascula / Raymed Trading Group PVT / Slonika / Exomedic / Vascular / Balticamed / Life Medicine / Inmed)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed a large cartel of medical products suppliers* Moscow OFAS exposed a cartel formed by “RM Endovascular” Ltd., “Raymed Trading Group PVT” Ltd., “SLONIKA” Ltd., “EXOMEDIC” Ltd., “VASCULAR” Ltd., “BALTICAMED” Ltd., “LIFE MEDICINE” Ltd. and “INMED” Ltd. The companies took part in 124 auctions for (...)

The French Competition Authority clears merger between two domestic electrical goods companies after concluding that the transaction is unable to give rise to anticompetitive effects in Guadeloupe (Cafom / Dimeco)
French Competition Authority (Paris)
RETAIL OF DOMESTIC ELECTRICAL GOODS IN THE FRENCH OVERSEAS DEPARTMENTS* The autorité de la concurrence clears the acquisition of the Dimeco society (connection , Circuit Ménager) bu the Cafom Group (But and Darty) Parties to the transaction On 18 April 2018, the Cafom group notified the (...)

The Spanish Competition Authority fines five companies and three of their executives for an information exchange to collude in tenders for the award of institutional advertising contracts (Carat España / Inteligencia y Media / Media by Design / Media Sapiens / Persuade Comunicación)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
Five companies (Carat España SAU, Inteligencia y Media SA, Media by Design Spain SA, Media Sapiens Spain SL and Persuade Comunicación) have been sanctioned for a collusive behaviour consisting in the exchange of commercially sensitive information in order to share tenders in the Framework (...)

The Turkish Competition Authority prohibits the publishing of price lists by two professional federations of translators and translation offices (TUÇEF / TURÇEF)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) TUÇEF and TURÇEF decision (03.05.2018; 18-13/230-105). The Board reviewed the allegations put forward by Berkay Gökçe, a real person, against TURÇEF Yeminli Çevirmenlik Federasyonu (“TURÇEF”) and TUÇEF Uluslararası (...)

The Spanish National Markets and Competition Commission fines five companies and three company executives for bid-rigging of public tenders for institutional advertising services (Agencias de Medios)
Callol, Coca & Asociados (Madrid)
On 7 May 2018, the NMCC imposed fines amounting to €7.12 million upon five companies: Carat España, S.A.U, Inteligencia y Media, S.A. (YMEDIA), Media By Design Spain, S.A. (MEDIA BY DESIGN), Media Sapiens Spain, S.L. and Persuadé Comunicación, S.A. and three of their managers or legal (...)

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

The Italian Competition Authority clears a horizontal cooperation agreement in the telecommunication sector by a commitment decision (Flash Fiber)
Giannino SI (Monserrato)
In the Flash Fiber case the Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation into a horizontal cooperation agreement concerning the telecommunication sector. After the implementation of the commitments agreed with the parties, the ICA (...)

The US FTC publishes a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger negotiations
US Department of Justice (Washington)
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Jones Day (Dallas)
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Jones Day (Washington DC)
In Short The Situation: The Federal Trade Commission ("FTC") recently published a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger negotiations and due diligence. The Risk: Information-sharing (...)

The EU Commission fines maritime car carriers and car parts suppliers in three separate cartel cases (MOL / NYK / K Line / Wwl-Eukor / Csav) (Denso / Bosch / NGK) (TRW / Continental)
DG COMP (Brussels)
Antitrust: Commission fines maritime car carriers and car parts suppliers a total of €546 million in three separate cartel settlements* In three separate decisions, the European Commission has fined four maritime car carriers €395 million, two suppliers of spark plugs €76 million, and two (...)

The Spanish Competition Authority fines four banks for colluding to offer interest rate derivatives at different conditions to those agreed with the clients (Banco Santander / Banco Sabadell / BBVA / Caixabank)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
The CNMC has imposed a EUR 91 million fine to Banco Santander, Banco Sabadell, BBVA and Caixabank for colluding to offer interest rate derivatives at different conditions from those agreed with the clients concerned. The derivatives in question were used to cover the risks of the interest rate (...)

The Spanish Competition Authority fines four banks for price-fixing of financial derivative products ancillary to syndicated loans (Caixabank / Santander / Sabadell / BBVA)
Callol, Coca & Asociados (Madrid)
The CNMC has just issued its Decision on financial derivatives (Decision), fining the accused banks (Santander, Sabadell, Caixa, BBVA) €91 million. The Decision refers, in particular, to the derivative products ancillary to syndicated loans, which goal is to insure borrowers against (...)

The EU General Court overturns a Commission decision that health insurance providers did not receive State Aid, after finding that the presence of operators seeking to make profit determines the economic nature of an activity (Dôvera Zdravotná Poistovña)
Maastricht University
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court annuls a decision of the Commission that found no State aid because it considered the recipient of the measure was not an undertaking (Dôvera zdravotná poist’ovňa)
Arendt & Medernach (Luxembourg)
Application of State aid and competition law rules to the health sector reinforced by the General Court* The General Court has annulled a decision of the EU Commission finding no state aid because the recipient of the measure, a Slovak health insurance body was not an undertaking. According (...)

The EU General Court annuls a Commission finding that state measures in favour of health insurance organisations did not constitute state aid, and holds that the economic nature of an activity is determined by the presence of operators seeking to make a profit (Dôvera Zdravotná Poist’ovña)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
This State aid case gives interesting indications regarding the definition of an undertaking and the economic or non-economic nature of its activities. The GCEU pointed out that merely being in a position of competition on a given market does not determine the economic nature of an activity, (...)

The French Competition Authority conducts for the first time an investigation into an online platform merger and clears it subsequently (Axel Springer / Concept Multimédia)
French Competition Authority (Paris)
For the first time, the Autorité de la concurrence has examined the merger of two online platforms. After an in-depth examination, the Autorité unconditionally clears the acquisition of Concept Multimédia (Logic-Immo.com) by the Axel Springer Group (SeLoger.com)* Parties to the transaction On (...)