Exchange of information in associations of undertakings

Anticompetitive practices

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 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 (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 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)
Ashurst (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 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 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 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 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 Munich Regional Court bans the preferential display within a search engine of information exclusively drawn from a state-run health portal (Google)
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 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 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 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 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 guidance on environmental sustainability agreements and competition law
Herbert Smith Freehills (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 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 (ALB / BCR Leasing / BRD Sogelease)
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 Indonesian Competition Authority imposes its first predatory pricing fine against a multinational cement manufacturer (CKSC)
Dewi Negara Fachri & Partners (Jakarta)
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Dewi Negara Fachri & Partners (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 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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Hogan Lovells (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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Dutch Government implements the European regulation establishing a framework for the screening of foreign direct investments into the Union
Van Bael & Bellis (Brussels)
On 17 November 2020, the Dutch Senate passed a law (the “Implementing Law”) implementing Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (the “FDI Regulation”). 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 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 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 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 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 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 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 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 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 (Car Finance)
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 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 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 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 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 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 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 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)
Ashurst (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 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 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 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 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 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 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 UK Competition Authority consults on draft guidance concerning its powers and procedures in the relation to the post-Brexit foreign direct investments information-request process
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
As noted in our recent LawFlashes, New Powers for UK Government in Transactions Impacting Public Health Emergencies and National Security and Potential UK Reforms Could Increase Screening of Certain Foreign Takeovers, governments are increasing their scrutiny of certain foreign direct (...)

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 - Antitrust Division (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 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 - Antitrust Division (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 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 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 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 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 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 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 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 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 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 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 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 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 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 - Antitrust Division (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 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 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)
Ashurst (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 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 EU General Court overturns the Commission’s biggest State aid recovery order worth over €13 billion in tax advantages (Apple)
University of Oxford
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 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 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 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 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 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) (Hugo Boss / Ginsborg)
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 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 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 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 Serbian Competition Authority clarifies who is considered to be a party to a concentration and how merger filing thresholds are calculated
BDK (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 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 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 - Antitrust Division (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 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 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 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 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 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 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 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 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 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)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The French Competition Authority fines meal vouchers issuers for anticompetitive practices taking the form of information exchange, 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 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 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 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)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU 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 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 Brazilian CADE recommends closing an administrative inquiry which investigates potential anticompetitive conducts 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 EU General Court provides further guidance with regard to the concept of State aid in the context of fiscal measures favouring 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 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 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 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 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 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 fines totalling 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 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 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 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 confirms the application of the principle of economic continuity in private enforcement of a cartel case (Vantaan kaupunki / Skanska Industrial Solutions)
Sérvulo (Lisbon)
The Principle Of Economic Continuity’s Application On Private Enforcement: Case 724/17 Skanska* With two major decisions, March 2019 was an interesting month with regard to the ECJ’s case-law on the private enforcement of competition law: Skanska and Cogeco. This post will comment on the (...)

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

The 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 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 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 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 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 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 Financial Conduct Authority 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 formal decision under its competition law enforcement powers by finning 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 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 State aid decision regarding 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 EU General Court annuls the Commission 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 overturns the Commission’s finding that Belgium granted unlawful State aid through advance tax rulings (Magnetrol International)
College of Europe (Bruges)
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 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 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 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 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 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 American 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 millions (Car Finance)
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)
GeyerGorey (Washington)
DOD Bid Rigging Whistleblower and Related Antitrust Division Criminal Cases* Last week the Antitrust Division announced that three South Korean companies had agreed to plead guilty and to enter into civil settlements for rigging bids on United States Department of Defense Fuel Supply Contracts (...)

The 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)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The 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 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 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 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 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 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 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
Bennett Jones (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 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 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 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 (...)

The EU Court of Justice rules that the dissemination of misleading information is a restriction by object and excludes exemption under Article 101 §3 TFEU (Roche / Novartis)
Almain (Paris)
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Simmons & Simmons (Paris)
On 23 January 2018, the Court of Justice of the European Union delivered its decision on the preliminary ruling referred to it by the Italian Council of State in the dispute between Roche and Novartis on the one hand and the Italian competition authority (AGCM) on the other. In 2014, Roche and (...)

The Russian Competition Authority opens proceedings concerning a cartel in the railway tracks market (Partnerstvo)
Russian Federal Antimonopoly Service (Moscow)
Rail track collusion* Moscow OFAS exposed cartels at auctions of the Ministry of Defence for supplying materials for rail tracks. “Partnerstvo” Ltd., “Pravda” Ltd. and “DorRem” Ltd. concluded and implemented oral cartel agreements throughout 5 auctions (in breach of Clause 2 Part 1 Article 11 of (...)

The Polish Competition Authority issues a decision on collusion concerning ISO certificates (Prezes Urzędu Ochrony Konkurencji i Konsumentów)
WKB Wierciński Kwieciński Baehr (Warsaw)
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WKB Wierciński Kwieciński Baehr (Warsaw)
By way of its decision no. RWR 13/2017 of 29 December 2017, the President of the Office of Competition and Consumer Protection (“OCCP”) imposed a financial penalty exceeding PLN 461,000 (approx. EUR 112,000) on Istituto Italiano del Marchio di Qualita (“IMQ”) for fixing prices and dividing the (...)

The Polish Competition Authority conducts investigation into company takeover and concludes that the resulting concentration restricts competition in the national market (PKPE / Elester-PKP)
Polish Competition Authority (Warsaw)
Concentration concern: PKPE Holding and Elester-PKP* > UOKiK has issued a competition concern regarding the takeover of Elester-PKP by PKPE Holding. > The concentration may result in a restriction of competition. > The concern is by no means determinative of the possible final ruling in this (...)

The French Competition Authority accepts to clears acquisition of general merchandise stores subject to undertakings to address competition issues (Tati group / Gifi)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of stores owned by the Tati group (Tati, Fabio Lucci, Giga Store) by Gifi (GPG group), subject to a number of conditions* Parties to the transaction On 12 June 2017, the GPG group (retailer Gifi) notified the Autorité de la concurrence of (...)

The French Competition Authority does not consider acquisition in the publishing industry to harm competition, thus clearing it (Média-Participations / La Martinière)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of La Martinière Groupe (Le Seuil, Points, etc.) by Médias-Participations (Dargaud, Dupuis, etc.).* On 13 November 2017, the Média-Participations group notified the Autorité de la concurrence of its project to acquire sole control of La (...)

The EU Commission finds that competitive elements in a health care system do not make the system economic in nature (Alleged compensation of public hospitals in Lazio)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The Danish Competition Authority sanctions an association of camera distributors for cartel (Team DS)
Danish Competition and Consumer Authority (Copenhagen)
Association of camera distributors has coordinated prices and exchanged information about its members prices and other competitive parameters* On 1 December 2017, the Danish Competition Council (DCC) ruled in a case concerning anticompetitive behaviour regarding the camera market. The DCC (...)

The Indian Competition Authority reinstates fine against the national governing body for cricket for abuse of dominance and granting of exclusive licenses (Board of Control for Cricket in India)
Vaish Associates Advocates (New Delhi)
CCI re- imposes penalty of INR 52.24 crores on BCCI for abuse of dominance* The Competition Commission of India (“Commission/CCI”) vide its Order dated November 29, 2017 has re-imposed the penalty of INR 52.24 Crores on the Board of Control for Cricket in India (“BCCI”) after fresh inquiry that (...)

The French Competition Authority clears acquisition of corporate group in the field of books and stationery retail (Gibert Jeune / Gibert Joseph)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Gibert Jeune’s activity by Gibert Joseph* Parties to the operation On 9 May 2017, Gibert Joseph notified the Autorité de la concurrence of its intention to take control of Gibert Jeune. This acquisition comes within the scope of the (...)

The EU Court of Justice issues a ruling assimilating farmer cooperatives to undertakings under EU competition law (APVE)
Antwerp University (UFSIA)
The ECJ Preliminary Ruling in French Endives: Two (Too?) Simple Rules to Attune Article 101 TFEU to the Common Agricultural Policy* The competition and agricultural rules in the EU treaties have lived separate lives for many decades. While an agricultural exemption from the competition rules (...)

The EU Court of Justice provides guidance to French Court on the relationship between EU Common Agricultural Policy and Competition Law (APVE)
Van Bael & Bellis (Brussels)
On 14 November 2017, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a request for preliminary ruling from the French Supreme Court regarding the relationship between the objectives of the EU’s Common Agricultural Policy and those of EU competition law (C-671/15, APVE (...)

The EU Court of Justice confirms that not all practices by agricultural producer organisations and their associations are automatically excluded from the application of competition rules (APVE)
Baker McKenzie (London)
,
Baker McKenzie (Brussels)
Under certain strict conditions, agricultural producers can coordinate their pricing and quantities without risk of falling foul of the EU competition rules. However, the European Court of Justice (ECJ) has recently confirmed that not all practices by agricultural producer organisations and (...)

The EU Commission opens an in-depth investigation into statutory rules exempting some financing incomes earned by foreign subsidiaries
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (London)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax. The Commission’s investigation will focus on whether the UK Controlled (...)

The French Competition Authority imposes a €302 m fine on three leading companies in the PVC and Linoleum floor coverings sector for price-fixing, sharing commercially sensitive information and signing a non-compete agreement on environmental performance advertising (Forbo / Gerflor / Tarkett / SFEC)
Franklin (Paris)
,
McDermott Will & Emery (Paris)
SIGNIFICANT FINE IMPOSED BY THE FRENCH COMPETITION AUTHORITY IN FLOOR COVERINGS CARTEL* On October 18, 2017, the French Competition Authority (the “FCA”) imposed a EUR 302 million fine on the three leading companies in the PVC and linoleum floor coverings sector; Forbo, Gerflor and Tarkett, as (...)

The French Competition Authority fines three leading manufacturers of PVC and linoleum floor covering for cartel (Tarkett)
French Competition Authority (Paris)
The Autorité has imposed sanctions totalling €302 million on the three leading manufacturers of PVC and linoleum floor covering, as a penalty for price fixing among other pratices.* Background Acting on information submitted by the Directorate General for Competition Policy, Consumer Affairs (...)

The EU Commission concludes that Luxembourg has granted undue tax benefits to an e-commerce company (Amazon)
DG COMP (Brussels)
State aid: Commission finds Luxembourg gave illegal tax benefits to Amazon worth around €250 million* The European Commission has concluded that Luxembourg granted undue tax benefits to Amazon of around €250 million. This is illegal under EU State aid rules because it allowed Amazon to pay (...)

The EU General Court confirms that public funding of an e-platform for procurement purposes does not constitute a State aid (Aanbestedingskalender)
College of Europe (Bruges)
Activities linked to State prerogatives Economic activities which cannot be separated from the exercise of public powers cease to be economic in nature. Introduction The dividing line between economic and non-economic activities is in a permanent state of flux. Although it is now clear that (...)

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

The Indian Competition Authority fines 10 companies for bid rigging in coal and sand transportation tenders (Western Coalfields / Coal Carriers..)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty for bid-rigging in coal transportation auctions* The Competition Commission of India (’CCI’) vide order dated September 14, 2017 has imposed penalty of almost INR 12 Crore on 10 entities namely SSV Coal Carriers Pvt. Ltd (OP-1), Bimal Kumar Khandelwal (OP-2), Pravin Transport (...)

The Indian Competition Authority finds a professional committee in transportation and its 4 participating associations guilty of price fixing in the market for coastal container services and issues a cease and desist with no fine because conduct was limited and stopped before investigation (Cochin Port Trust / Container Trailer Owners Coordination Commission)
Vaish Associates Advocates (New Delhi)
CCI finds Container Trailer Owners Coordination Commission and its four participating associations guilty of anticompetitive conduct* The Competition Commission of India (“CCI”) vide dated 01.08.2017 has found Container Trailer Owners Coordination Committee (‘Committee’) and its four participating (...)

The German Competition Authority allows a company to participate in the national consortium for the construction of military corvettes (ARGE K130)
European Commission (Brussels)
Bundeskartellamt has no serious objections to consortium for the construction of corvettes* Bonn, 19 July 2017: The Bundeskartellamt will not initiate a proceeding to examine whether the planned participation of German Naval Yards Kiel GmbH ("GNYK") in the consortium ARGE K130 violates the (...)

The German Competition Authority fines three manufacturers of heat shields and their representatives for cartel (Elring Klinger Abschirmtechnik)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on automotive part manufacturers* The Bundeskartellamt has imposed fines amounting to 9.6 million euros on three manufacturers of heat shields and their representatives. The companies involved are Elring Klinger Abschirmtechnik (Schweiz) AG, Sevelen (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a public bureau because it does not constitute an enterprise and hence does not fall under the Competition Act (Bureau of Indian Standards)
Vaish Associates Advocates (New Delhi)
CCI closes allegation of abuse of dominance against the Bureau of Indian Standards* CCI vide its recent order dated June 29, 2017 has closed an allegation of abuse of dominant position against the Bureau of Indian Standards (BIS)and the Department of Consumer Affairs, Food and Public (...)

The EU Court of Justice finds that tax exemptions granted by Spain to the Catholic church can constitute State aid if they relate to economic activities (Congregación de Escuelas Pías Provincia Betania / Ayuntamiento de Getafe)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The OECD holds a roundtable to address issues on algorithms and collusion
Norton Rose Fulbright (Brussels)
OECD workshop addresses algorithms and collusion issues* On June 21-23, the OECD held a roundtable on the theme of “Algorithms and Collusion,” as part of a wider work stream on competition in the digital economy. The OECD roundtable reflects a shift in the debate over the antitrust implications (...)

The Latvian Competition Authority fines nine distributors of professional stage equipment for bid-rigging (SGS Sistēmas)
Konkurences padome (Riga)
The CC detects bid-rigging among distributors of professional stage equipment* On 30 May, the Competition Council of Latvia (the CC) adopted a decision to impose a fine on nine companies, which had coordinated their activities within the framework of procurements of public and municipal (...)

The Dutch Competition Authority finds that the incumbent rail company abused its dominant position with two separate infringements (Nederlandse Spoorwegen)
Euroclear (Brussels)
In the Netherlands, the public transport by rail is organised in two ways. On the one hand, there is the main railway network, which mainly covers the intercity connections and is exploited by NS. On the other hand, there are the regional railway networks, which include slow train services. The (...)

The Italian Competition Authority targets anti-competitive practices in market for the copyright management services (SIAE-Assomusica)
Giannino SI (Monserrato)
In SIAE-Assomusica , the Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation and Article 101 TFEU investigation into restrictive business practices put in place in the copyright management sector. The facts of the case The ICA investigations were triggered by the (...)

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

The French Competition Authority drops charges against car rental companies for exchanging detailed and individualised sales information (Europcar / Sixt / Avis / Hertz)
Van Bael & Bellis (Brussels)
On 27 February 2017, the French Competition Authority (“FCA”) decided to close a ten-year investigation into information exchanges between car rental companies without imposing any sanction. The FCA investigated whether information exchanged through airport management authorities facilitated (...)

The Indian Competition Authority opens an investigation into bid-rigging by a state government department (Government of Haryana Public Works Department)
Vaish Associates Advocates (New Delhi)
CCI initiates investigation against Public Works Department (PWD), Government of Haryana* CCI by its order dated 27 February 2017 has initiated investigation against PWR, Govt. of Haryana for abuse of dominance in relation to inviting of bids for construction of rail over bridge in Karnal (...)

The French Competition Authority dismisses collusion case against car rental companies due to lack of evidence that exchange of information led to strategic changes in their behavior (Europcar / Avis / Citer / Hertz / Sixt / EDA)
Compass Lexecon (Madrid)
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Compass Lexecon (Paris)
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Compass Lexecon (Madrid)
When Information Is Not (Market) Power: Using Quantitative Techniques To Show That Information Exchange Did Not Facilitate Collusion* Abstract On January 2015, the French competition authority claimed that some car rental companies infringed competition law by sharing monthly information (...)

The French Supreme Court recalls the maximum fine incurred by associations compared to companies and clarifies the concept of undertaking underlying such distinction (ECMA)
Epex Spot (Paris)
In its confirmatory ruling issued on 8 February 2017, the French judicial supreme court (Cour de cassation, chambre commerciale, hereafter the “Supreme Court”) specifies that the concept of “undertaking” used to subject any entity engaged in an economic activity, whatever its legal form, to the (...)

The Indian Competition Authority fines 7 cement manufacturers for bid rigging (State of Haryana / Cement Manufacturers)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty of INR 205 Crores on 7 cement manufacturers for bid-rigging in supply of cement to Director General (Supplies and Disposal), Haryana* CCI by its order dated January 19, 2017 has imposed a penalty for bid-riggingon 7 cement manufacturers, viz. Shree Cement Limited, Ultratech (...)

The EU Court of Justice confirms the EU Commission decision on the animal feed phosphates cartel (Timab Industries)
DG COMP (Brussels)
Antitrust: Commission welcomes Court of Justice judgment on Animal Feed Phosphates cartel* The European Commission welcomes today’s judgment by the EU Court of Justice dismissing in its entirety Timab’s appeal against an earlier General Court ruling. The General Court (case T-456/10) had upheld (...)

The Indian Competition Authority opens investigation into abuse of dominance by a local development authority (Sudarshan Kumar Kapur / Delhi Development Authority)
Vaish Associates Advocates (New Delhi)
CCI initiates investigation against Delhi Development Authority (DDA) * CCI by its order dated January 12, 2017 has initiated an investigation against the Delhi Development Authority (“DDA”) for abuse of dominant position in relation to delayed allotment of flats in the Middle Income Group (...)

The Polish Competition Authority fines ski equipment wholesaler for vertical pricing restraints (Fordex)
WKB Wierciński Kwieciński Baehr (Warsaw)
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Freshfields Bruckhaus Deringer (London)
In its decision in Case DOK-1/2016 of 23 December 2016, the President of the Office of Competition and Consumer Protection (the “OCCP”) imposed a fine of PLN 72,345 (approx. EUR 16,500) on a ski equipment wholesaler Przedsiębiorstwo Produkcyjno-Handlowe Fordex sp. z o.o. (“Fordex”), for fixing the (...)

The UK Competition Authority fines suppliers of galvanized steel tanks for bid-rigging (Franklin Hodge / Balmoral Tanks / Galglass)
United Kingdom’s Competition Authority - CMA (London)
CMA fines water tank firms over £2.7 million* The CMA has today issued 2 decisions imposing fines on suppliers of galvanised steel tanks for breaching competition law. Galvanised steel tanks are used for water storage in larger buildings, such as schools, hospitals and other commercial and (...)

The EU General Court annuls a cartel settlement decision on appeal due to the Commission’s failure to sufficiently inform the undertakings on the fining methodology used (Printeos)
Van Bael & Bellis (Brussels)
Under the Commission’s cartel settlement procedure, an undertaking admitting liability to a cartel infringement and waiving certain procedural rights is rewarded with a 10% reduction in the fine. In the envelopes cartel case, the Commission fined five producers €19.4 million under the settlement (...)

The Indian Competition Appellate Tribunal reverses the Indian Competition Authority’s decision for a second time and orders an investigation against movies producers (K Sera Sera Digital Cinema / Digital Cinema Initiatives)
Vaish Associates Advocates (New Delhi)
COMPAT orders investigation against producers of Hollywood movies* COMPAT by its order dated November 9, 2016 has ordered investigation against 6 producers of Hollywood films for the allegedly forcing a technology, called D-Cinema technology, for providing cinema screening under the auspices (...)

The Indian Competition Authority approves an internal restructuring of healthcare conglomerate’s three companies into two companies with clearer business verticals (Fortis Healthcare / Fortis Malar Hospital / SRL)
Vaish Associates Advocates (New Delhi)
CCI approves international organization within the Fortis Group* CCI vide its order dated October 14, 2016, has given the approval to the internal re-organization of the hospitals and diagnostics business of Fortis Group into separate verticals. Prior the proposed combination, the healthcare (...)

The French Competition Authority fines several modelling agencies for cartel (L’Agence)
French Competition Authority (Paris)
The Autorité fines for anticompetitive agreement the modelling sector’s main professional union and 37 modelling agencies* In brief The Autorité de la concurrence today issues a decision under which it fines the main professional union of modelling agencies, the SYNAM, for having, between (...)

The Latvian Competition Council fines medical equipment traders for bid rigging (Optika&Dentika / KJ Serviss)
Konkurences padome (Riga)
The CC fines Medical Equipment Traders for collusive Behaviour in Public Procurements* On 8 September, the Competition Council (the CC) fined two medical equipment traders SIA OPTIKA&DENTIKA and SIA KJ SERVISS for participating in a cartel agreement in four public procurements. Due to the (...)

The Polish Competition Authority fines a professional association for anticompetitive conduct aimed at the governmental treatment of infertility programme (Association of Medical Centers)
Hansberry Tomkiel (Warsaw)
I. Introductory remarks In its decision no RŁO 4/2016 of 1st September 2016 (the “Decision”), the Polish Office for Competition and Consumer Protection (the “Competition Authority”) sanctioned the Association of Polish Centers of Infertility Treatment and Reproduction Development (the (...)

The Polish Competition Authority fines infertility treatment providers for price fixing (Polish Centres of Infertility Treatment and Reproduction Development)
WKB Wierciński Kwieciński Baehr (Warsaw)
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WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision dated 1 September 2016, the President of the Office of Competition and Consumer Protection (hereinafter the “OCCP President”) fined the Association of Polish Centres of Infertility Treatment and Reproduction Development (hereinafter the “Association”) for fixing prices of offers for (...)

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

The EU Commission concludes Ireland granted undue tax benefits to a multinational technology company (Apple)
DG COMP (Brussels)
State aid: Ireland gave illegal tax benefits to Apple worth up to €13 billion* The European Commission has concluded that Ireland granted undue tax benefits of up to €13 billion to Apple. This is illegal under EU state aid rules, because it allowed Apple to pay substantially less tax than other (...)

The US FTC charges an undertaking for an alleged invitation to collude with another undertaking that served as both a competitor and a supplier (Fortiline)
Morgan Lewis (New York)
This article has been nominated for the 2017 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A dual distribution relationship does not protect against Section 5 liability for an invitation to collude. For the first time, the Federal Trade Commission (...)

The Indian Competition Authority fines a professional association and its compliant pharmaceutical member company for anticompetitive agreements (Maruti & Company / KCDA Karnataka Chemists & Druggists Association / Lupin)
Vaish Associates Advocates (New Delhi)
CCI again fines Pharma Company for Anti-Competitive Activities * The Competition Commission of India (“CCI/ Commission”) by way of its order dated 28.07.2016 has found the Karnataka Chemists and Druggist Association (“KCDA”) , Lupin Ltd. (“Lupin”) and their Office bearers to be in contravention of (...)

The German Competition Authority fines TV studio operators for cartel (Studio Berlin Adlershof)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on TV studio operators* The Bundeskartellamt has imposed fines amounting to a total of approx. 3.1 million euros on Studio Berlin Adlershof (SBA) GmbH, its affiliate Studio Berlin Broadcast GmbH (both located in Berlin) and Bavaria Studios & Production (...)

The Latvian Competition Authority fines companies specialized in water infrastructure development service for bid rigging (Sistēmas)
Konkurences padome (Riga)
The Competition Council of Latvia Fines Three Companies for Collusive Bidding by Contractors* On 8 July 2016, the Competition Council (CC) of Latvia has fined three companies – SIA CO Sistēmas, SIA SAN B, and SIA Talsu spriegums – for rigging a public tenders. Companies were found to coordinate (...)

The Spanish Competition Authority fines 8 companies and 9 of their executives for their involvement in a cartel and bid rigging case in the public procurement process on the national railway market (Infraestructuras Ferroviarias)
European Commission (Brussels)
The CNMC fines four companies and nine of their executives € 5.64 million for dividing up the awards for supplying ADIF with rail turnouts* The CNMC fined € 5.58 million Amurrio Ferrocarril y Equipos, S.A, Jez Sistemas Ferroviarios, S.L., Talleres Alegría, S.A. and Duro Felguera Rail, S.A.U for a (...)

The Indian Competition Authority clarifies that mere collusion or coordination is not enough to hold undertakings in contravention of the provisions of the Competition Act (Shri Nirmal / Ruchi Soya / Betul Oils / Ganganagar)
Vaish Associates Advocates (New Delhi)
CCI: Mere collusion or coordination is not enough to hold the Parties in contravention of the provisions of the Competition Act* The CCI, by way of its order dated June 28, 2016 held that M/s Ruchi Soya Industries Ltd., M/s Betul Oils Ltd and M/s Ganganagar Commodity Ltd. were not in (...)

The Italian Regional Administrative Court of Latium sets aside a previous infringement decision made by the Italian Competition Authority on a bid-rigging practice (Rai servizi Post-Produzione)
Giannino SI (Monserrato)
By a judgment issued in Rai servizi post-produzione the Regional Administrative Court of Latium (the Court) reversed a previous infringement decision made by the Italian Competition Authority (ICA). The Court held that the ICA failed to establish an anti-competitive concerted practice to the (...)

The Croatian High Administrative Court fines several personal protection firms for cartel (Sokol Marić)
Croatian Competition Agency (Zagreb)
Decisions of the High Administrative Court* In the first case, by dismissing the claim of the claimants the High Administrative Court backed the CCA decision of 17 March 2015 establishing that the personal protection firms Sokol Marić, AKD-Zaštita, Securitas Hrvatska, Klemm Sigurnost, (...)

The Finnish Competition Authority inspects bus and coach operators suspected of collusion
Finnish Competition and Consumer Authority (Helsinki)
FCCA has inspected bus and coach operators in Southwest Finland* The purpose of the inspections was to find out whether the operators were guilty of unlawful collaboration between competitors. The Finnish Competition and Consumer Authority has a right to carry out inspections under 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 (...)

Procedures

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

The Amsterdam Court of Appeal rules that Dutch courts have jurisdiction over damages claim resulting from an abuse of dominance on the Greek beer market (Macedonian Thrace Brewery / Athenian Breweries / Heineken)
Van Bael & Bellis (Brussels)
On 16 February 2021, the Amsterdam Court of Appeal overturned the Amsterdam District Court’s ruling declining jurisdiction over the damages claim brought by MacedonianThrace Brewery (“MTB”) against Heineken’s subsidiary Athenian Breweries (“AB”). In 2014, the Hellenic Competition Commission (“HCC”) (...)

The Slovak Competition Authority fines a company for a failure to submit required documentation and information within a stipulated time limit and the submission of false information (Slovenská pošta)
Slovak Competition Authority (Bratislava)
AMO SR imposed a fine on the undertaking Slovenská pošta, a.s., for a failure to submit required documentation and information within a stipulated time limit and the submission of false information – additional information* On 29 October 2020 the Antimonopoly Office of the Slovak Republic, the (...)

The UK Government announces the withdrawal of the draft guidance on the Competition Authority’s powers and procedures on the EU foreign direct investment information sharing regime
Morgan Lewis (London)
,
Morgan Lewis (London)
,
Morgan Lewis (London)
The UK government and the Competition and Markets Authority (CMA) have announced the withdrawal of draft guidance on the CMA’s powers and procedures with respect to enforcing an EU regulation for screening foreign direct investment (FDI) into the European Union. The withdrawal follows a European (...)

The EU Commission adopts a formal decision that the UK will not be treated as an EU Member State for FDI regulation purposes
Covington & Burling (London)
The EU Regulation on Foreign Direct Investment (2019/452) (the “EU FDI Regulation”) will enter into force fully on October 11, 2020. Most notably, on this date, a cooperation and information sharing mechanism among Member States and the European Commission in respect of foreign direct investment (...)

The US Congress approves the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act
Skadden, Arps, Slate, Meagher & Flom (New York)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
On June 25, 2020, Congress approved the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA or “the Act”), which limits the civil damages exposure of companies that cooperate with the Department of Justice (DOJ) in selfreporting their own (...)

The US DoJ welcomes the Congressional reauthorization of the antitrust criminal penalty enhancement and reform act
US Department of Justice - Antitrust Division (Washington)
Department of Justice Applauds Congressional Passage Of Reauthorization Of The Antitrust Criminal Penalty Enhancement And Reform Act* On June 25, the U.S. House of Representatives and Senate passed identical bills, H.R. 7036 and S. 3377, to repeal the sunset provision of the Antitrust Criminal (...)

The Turkish Constitutional Court rules that the principle of legality of crimes and punishments violated with respect to determination of administrative fine by the Competition Authority (Onmed)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction On 30 September 2020, the Constitutional Court’s long-awaited decision as regards the controversies arisen from the application of the most favorable law in competition law cases was announced in the Turkish Official Gazette. This decision appears to be a crucial one as it is the (...)

The Indian Competition Authority authorises companies to collaborate and enter into agreements to share information to enhance the efficiency of production, supply, distribution, storage, acquisition during the COVID-19 crisis Free
National University of Study and Research in Law (Ranchi)
,
National University of Study and Research in Law (Ranchi)
Background. The outbreak of the covid-19 pandemic has pushed the global economy into total shambles. Economies all over the world are on a verge of collapse and the Indian economy has been no exception. The continuous surge in the covid-19 cases along with the countrywide imposition of (...)

The EU General Court annuls a €33.6 million fine imposed in relation to the Euro Interest Rate Derivatives cartel because of the Commission’s insufficient reasoning on the applied calculation method (HSBC)
Liège University (Liège)
In yet another bank cartel case, the EU General Court (“GC” or “the Court”) takes a position consistent with its previous case law as regards the right to defence of the parties and annuls the fine imposed on HSBC due to insufficient reasoning. In addition, the GC assesses the conditions for (...)

The Spanish Supreme Court issues judgement on the principle of individual nature of fines by assessing a €42 million fine to the parent company of an energy group (Repsol)
Callol, Coca & Asociados (Madrid)
In 2015, the NMCC imposed two fines on Repsol S.A. (Repsol), the parent company of the energy group, amounting to €20 and €22.5 million for coordinating prices through exchanges of information with competitors and for fixing of fuel prices at service stations, respectively. Repsol appealed the (...)

The Spanish Supreme Court rejects applicability of ‘fortuitous discovery’ doctrine when an inspection order is excessively vague (Unión de Empresas de Recuperación)
Cuatrecasas
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Cuatrecasas (Madrid)
On February 26, 2019, the Spanish Supreme Court ruled on the Unión de Empresas de Recuperación (“UDER”) appeal against the National High Court’s judgment, which had confirmed a 2014 decision of the Comisión Nacional de los Mercados y la Competencia (Spanish Competition Commission, “CNMC”) fining 13 (...)

The EU Parliament and Council reach a provisional political agreement on a Commission proposal for a Directive to make Member States’ competition authorities even more effective enforcers of EU antitrust rules (ECN+ Directive)
Court of First Instance of Namur (Namur)
On 30 May 2018, the European Parliament and the Council reached a provisional political agreement on a Commission proposal for a Directive to make Member States’ competition authorities even more effective enforcers of EU antitrust rules (the so-called “ECN+ Directive”). The Commission’s proposal (...)

Advocate General Wathelet recommends setting aside the General Court judgment that dismissed the claims brought by one participant to the smart card cartel case without carrying an extensive review of the conduct challenged by the undertaking and of the amount of the fine (Infineon Technologies)
Van Bael & Bellis (Brussels)
On 12 April 2018, Advocate General (“AG”) Wathelet delivered an opinion in which he recommended that the Court of Justice of the European Union (“ECJ”) set aside the General Court’s (“GC”) judgment which had dismissed the claims brought by Infineon in connection with its involvement in the smart card (...)

The EU Court of Justice delivers four judgments dismissing the appeals brought by participants involved in a cartel (Air freight cartel)
Van Bael & Bellis (Brussels)
By way of background, in 2012, the European Commission adopted a decision in which it found that a number of undertakings had fixed pricing mechanisms and surcharges for a variety of freight forwarding services, which the Commission considered to amount to four distinct infringements of the EU (...)

The EU Commission adopts the Proposal for a Regulation setting out the conditions and procedure by which it may request undertakings and associations of undertakings to provide information in relation to the internal market and related areas
Reed Smith (Brussels)
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Court of Justice of the European Union
Hardly picked up by the specialised press, the Proposal for a Regulation setting out the conditions and procedure by which the European Commission may request undertakings and associations of undertakings to provide information in relation to the internal market and related areas (“the (...)

The EU General Court confirms that the EU Commission may rely on recordings seized unlawfully by a third party in a dawn raid (Heiploeg)
Norton Rose Fulbright (Brussels)
GENERAL COURT CONFIRMS THAT THE COMMISSION MAY RELY ON LAWFULLY SEIZED RECORDINGS EVEN IF MADE UNLAWFULLY BY A THIRD PARTY* On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the (...)

Regulations

The German Competition Authority supports the German association of the automotive industry’s measures for overcoming the challenges caused by the COVID-19 pandemic in the automotive industry Free
German Competition Authority (Bonn)
Crisis management measures in the automotive industry - Bundeskartellamt supports the German Association of the Automotive Industry (VDA) in developing framework conditions under competition law aspects* The German Association of the Automotive Industry (VDA) has presented measures for (...)

The Hong Kong Competition Authority and the Securities and Futures Commission sign a memorandum of understanding to enhance collaboration and the exchange of information on competition issues in the securities and futures industry
Herbert Smith Freehills (Hong Kong)
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Reed Smith (Hong Kong)
,
Herbert Smith Freehills (Hong Kong)
On 28 April 2020, the Hong Kong Competition Commission (HKCC) and the Securities and Futures Commission (SFC) announced that they had signed a memorandum of understanding (MoU) to enhance collaboration and exchange of information, particularly in respect of competition issues in the securities (...)

The US DoJ issues positive Business Review Letter to drug wholesale company and announces it will not challenge collaborative efforts in procuring healthcare supplies used to treat COVID-19 patients (AmerisourceBergen) Free
US Department of Justice - Antitrust Division (Washington)
Justice Department Issues Business Review Letter to AmerisourceBergen Supporting Distribution of Critical Medicines Under Expedited Procedure for COVID-19 Pandemic Response* The Department of Justice announced today that it will not challenge collaborative efforts of AmerisourceBergen (...)

The US DoJ issues a positive Business Review Letter to medical supplies distributors and announces it will not challenge their collaborations supporting Project Airbridge under the expedited procedure for the COVID-19 pandemic response (McKesson / Owens & Minor / Cardinal Health / Medline Industries / Henry Schein) Free
US Department of Justice - Antitrust Division (Washington)
Department of Justice Issues Business Review Letter to Medical Supplies Distributors Supporting Project Airbridge Under Expedited Procedure for COVID-19 Pandemic Response* The U.S. Department of Justice announced today that it will not challenge collaborative efforts of McKesson Corporation, (...)

The EU Commission publishes its final study on antitrust aspects in the EU loan syndication markets
Morgan Lewis (Frankfurt)
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Morgan Lewis (Frankfurt)
In its recent assessment of the European loan syndication sector from an antitrust perspective, the European Commission did not find specific evidence or indication of any current antitrust infringements. However, the Commission and national competition authorities will likely closely monitor (...)

The OECD holds a roundtable on blockchain technology and competition policy
OECD - Competition Division (Paris)
1. Introduction 1. Blockchain is a general-purpose technology that threatens to disrupt markets and institutions across the world. Where the internet enabled the publishing and digital transfer of information, blockchain authenticates the ownership of assets, makes them unique, traceable, and (...)

The German Competition Authority publishes a paper on "Big Data and Competition" as Big Data and digital markets remain in the focus of EU competition authorities
Hogan Lovells (Brussels)
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Hogan Lovells (Munich/Frankfurt)
I. Introduction On 6 October, the German Federal Cartel Office (’FCO’) launched its new series of papers on ’Competition and Consumer Protection in the Digital Economy’. The first paper deals with ’Big Data and Competition’. The same day, a ’real-life example’ of competition enforcement in Big Data (...)

The US FTC and DoJ publish antitrust guidance to human resource professionals about how antitrust laws apply in the employment context
Crowell & Moring (Washington)
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McDermott Will & Emery (Chicago)
On October 20, 2016, the United States Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued joint Antitrust Guidance to Human Resource (HR) Professionals (the Guidance) involved in hiring and compensation decisions. The agencies issued the guidance to educate (...)

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