Introduction Trade associations, professional organisations, associations of undertakings… all these types of structures give the opportunity for companies to exchange useful information for business since their role is precisely to collect and disseminate information on a relevant sector among their members, in order for them to have better knowledge of the market and to better adapt to (...)
Exchange of information in associations of undertakings
Procedures
The German Competition Authority clears the joint acquisition of shares in a semiconductor manufacturing company by three technology companies (TSMC / Bosch / Infineon / NXP)
Bundeskartellamt clears acquisition of shares in new TSMC semiconductor factory in Dresden by Bosch, Infineon and NXP*
Bonn, 7 November 2023: The Bundeskartellamt has cleared plans by Bosch, Infineon and NXP to each acquire 10 per cent of the shares in European Semiconductor Manufacturing (...)
The New Caledonian Competition Authority welcomes the creation of a collaborative network to promote competitive functioning of markets in the Pacific region (PINCCER) Free
Pacific competition authorities create collaborative network to promote competitive functioning of markets*
Competition and consumer protection authorities in the Pacific plan to collaborate more closely in the future by sharing market data, investigative techniques and authorities’ best (...)
The Australian Competition Authority and its counterpart competition, consumer protection, and economic regulators from across the Pacific form a new international network to promote competitive markets (PINCCER) Free
*New international network formed to promote competitive markets in the Pacific
The ACCC and its counterpart competition, consumer protection, and economic regulators from across the Pacific will share information, investigative techniques, and authority best practice, in a newly formed (...)
The Croatian and Georgian Competition Authorities sign a memorandum of cooperation
CCA and Georgian competition authority sign a Memorandum of Cooperation*
The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on (...)
The UK Competition Authority publishes Guidance on the application of competition law to environmental sustainability agreements
CMA publishes "Green Agreements" Guidance*
The Competition and Markets Authority (CMA) has now published its guidance on sustainability agreements (the Guidance). The Guidance differs in several respects from the draft guidance published in February 2023 and supplements the CMA’s revised (...)
The UK Competition Authority publishes new guidance on the application of competition law to environmental sustainability agreements
New Guidance from UK Competition & Markets Authority on Environmental Sustainability Agreements*
This Alert provides a brief summary of the UK Competition & Markets Authority (“CMA”) October 12 guidance concerning the application of UK competition/antitrust law to environmental (...)
The US FTC finalises a consent order to prevent interlocking directorate arrangement and anticompetitive information exchange in a $5.2B cash-and-stock deal between a private equity firm and a natural gas producer (Quantum Energy Partners / EQT Corporation)
FTC Approves Final Order to Prevent Interlocking Directorate Arrangement, Anticompetitive Information Exchange in EQT, Quantum Energy Deal*
The Federal Trade Commission finalized a consent order that prevents entanglements and the exchange of confidential, competitively sensitive information (...)
The New Caledonian Competition Authority approves the acquisition of a hotel by a real estate and catering group (Hilton / Jean-Pierre Cuenet Group)
The ACNC unconditionally authorizes the acquisition of the company CCC (Hilton) by the Jean-Pierre Cuenet group*
In this decision, the Authority unconditionally authorizes the takeover of exclusive control of the company Compagnie des Chargeurs Calédoniens SA by the Jean-Pierre Cuenet group. (...)
The EU Commission calls for greater market access and fair competition at EU-China high-level dialogue
EU calls for greater market access and fair competition at EU-China High-Level Dialogue*
European Commission Executive Vice-President, Valdis Dombrovskis, and Vice Premier of the State Council, He Lifeng, co-chaired today the 10th EU-China High-level Economic and Trade Dialogue (HED). The (...)
The EU Commission blocks the proposed acquisition of an online travel agency by a leading online hotel booking platform (Booking.com / eTraveli)
On September 25, 2023, the European Commission (EC) blocked the proposed acquisition by Booking Holdings, Inc. of Flugo Group Holdings AB (eTraveli). This is the EC’s first prohibition of a transaction this year and its first-ever prohibition based solely on concerns regarding “conglomerate (...)
The Singaporean Competition Authority clears a proposed merger of electronic chemicals businesses which affects the market for the supply of cleaning solutions used principally in the semiconductor manufacturing process (Fujifilm / KMG)
CCCS Clears Merger of Electronic Chemicals Businesses*
1. The Competition and Consumer Commission of Singapore (“CCCS”) has cleared the proposed acquisition by FUJIFILM Holdings America Corporation (“Fujifilm”) of CMC Materials KMG Corporation (“KMG”) and certain of its direct and indirect (...)
The US FTC announces a partnership with the Department of Labor to bolster efforts to protect workers from anticompetitive, unfair, and deceptive practices in labor markets
FTC, Department of Labor Partner to Protect Workers from Anticompetitive, Unfair, and Deceptive Practices*
New agreement establishes formal collaboration between agencies on issues affecting workers
The Federal Trade Commission and the U.S. Department of Labor (DOL) signed a new agreement (...)
The EU General Court rules that the Belgian excess profit tax exemption to companies forming part of multinational groups constitutes an unlawful aid scheme (Magnetrol International)
On 20 September 2023, the General Court rendered its judgments in the well-known State aid cases concerning the Belgian excess profit tax exemption. In particular, the General Court ruled in cases Belgium v Commission (Case T-131/16 RENV) and Magnetrol International v Commission (T-263/16 (...)
The EU General Court rules that the tax exemptions granted by Belgium to companies forming part of multinational groups constitute an unlawful aid scheme (Magnetrol International)
Tax rulings: the tax exemptions granted by Belgium to companies forming part of multinational groups constitute an unlawful aid scheme*
The General Court thus confirms the decision of the European Commission which found, in 2016, that that tax scheme infringed the EU rules on State aid (...)
The Argentinian Competition Authority implements a new eligibility criteria for economic concentrations to benefit from the simplified notification provision under the Argentinian merger control regime
On August 28, 2023, Provision No. 62/2023 of the National Commission for the Defense of Competition ("CNDC") was published in the Official Gazette.
The Provision establishes the inclusion and exclusion criteria for economic concentrations to be filed under the Summary Procedure ("PROSUM" for (...)
The US FTC secures an innovative structural relief to prohibit interlocking directorates and preserve competition in the natural gas market (Quantum Energy Partners / EQT Corporation)
Antitrust Enforcement Agencies Continue to Target Interlocking Directorate Arrangements*
On August 16, 2023, the Federal Trade Commission (“the FTC”) marked its first enforcement action of the prohibitions on interlocking directorates under Section 8 of the Clayton Act in over 40 years. (...)
The UK Competition Appeal Tribunal dismisses the first claim under the Subsidy Control Act ruling that cross subsidisation by a local authority does not fall within the Act because there was no subsidy granted by the State to an enterprise (Durham Company)
Over the summer the Competition Appeal Tribunal (the “CAT“) handed down what we expect to be the first of many decisions under the Subsidy Control Act 2022 (the “SCA“): The Durham Company Limited v Durham County Council [2023] CAT 50.
While the claimant was unsuccessful in this case, the (...)
The EU Court of Justice overturns the Hungarian Competition Authority’s decision and reaffirms that FDI screening mechanisms must respect fundamental freedoms in the EU (Xella Magyarország)
Weak cases sometimes make good law. On 13 July, the ECJ in Case C-106/22 held that: Except in specific circumstances, the EU FDI Screening Regulation 2019/452 does not apply to acquisitions by EU-based purchasers; and FDI screening measures which restrict fundamental freedoms can only be (...)
The Brazilian Competition Authority approves the creation of a joint venture to develop and operate software to standardise sustainability measurement in the food and agricultural supply chain since the risks of exchange of competitively sensitive information to obtain is mitigated due to the submitted commitments (SustainIt / Cargill / Louis Dreyfus / ADM International)
CADE clears joint venture for the development of sustainability measurement software*
The deal involves SustainIt, Cargill, Louis Dreyfus, and ADM and intends to create a platform to measure sustainability in the food and agricultural supply chain.
On 21 June, the Administrative Council (...)
The EU Court of Justice AG Collins encourages the Court to dismiss a gun jumping appeal arguing that the Commission, inter alia, does not have to be transparent when fixing the amount of fines as that may undermine the deterring effect (Altice / PT Portugal)
Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court’s Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants by an acquirer may constitute gun-jumping, regardless of the absence (...)
The Cypriot Competition Authority receives notification of the proposed acquisition of a 5-star grand resort by a hotel group (Hawaii Hotels / Fattal Hotel Group)
Notification of a concentration regarding the acquisition of the share capital of Hawaii Hotels Limited by Fattal Limassol Limited*
The Service of the Commission for the Protection of Competition has received notification of a concentration, according to Section 10 of the Control of (...)
The Japanese FTC publishes Green Guidelines concerning the activities of corporate enterprises and other organisations in pursuit of the realization of a green society
In line with Japan’s greenhouse gas emissions goals, the Green Guidelines provide more than 70 case examples and explain whether various activities to achieve a green society raise any antitrust issues.
On 31 March 2023, the Japan Fair Trade Commission (JFTC) published guidelines concerning (...)
The Belgian Competition Authority assesses a sustainability initiative on living wages in the banana sector
The Belgian Competition Authority assesses a sustainability initiative on ’living wages in the banana sector*
The Belgian Competition Authority considers that the sustainability initiative of IDH Sustainable Trade and certain large retail chains to promote living wages in the banana sector, (...)
The Bulgarian Competition Authority issues a Statement of Objections over abuse of dominance by undertakings of the same corporate group in the freight rail transport industry (DP NKZI / BDZ TP)
The CPC addressed a statement of objections to DP NKZI alleging the company has abused its dominant position, which can prevent, restrict or distort competition in the market for freight rail transport in the country and affect consumers’ interests*
With Ruling № 67/19.01.2023 on case № (...)
The UK Competition Authority publishes a Draft Guidance on horizontal agreements as well as a Draft Sustainability Guidance to signal greater openness towards collaborative efforts to fight climate change
On 25 January 2023, the UK Competition and Markets Authority (the “CMA”) opened a consultation on its Draft Guidance on Horizontal Agreements, which is intended to set out the framework for the application of the Chapter I prohibition of the Competition Act 1998 - the UK equivalent of Article (...)
The EU Court of Justice preliminarily determines that dominant firms can be held to account for abusive conduct even when third parties implement the infringement (Unilever Italia)
On 19 January 2023, the CJEU delivered its preliminary ruling in the case Unilever Italia Mkt Operations Srl v Autorità Garante della Concorrenza e del Mercato, C-680/20 (“AGCM”) (“Unilever”), on two questions posed by the Consiglio di Stato (Italian Council of State). The first related to the (...)
The Brazilian Competition Authority conditionally clears a joint venture of firms in the automotive sector subject to compliance with information exchange restrictions (Volkswagen / BMW / Mercedes-Benz / BASF / Bosch / Henkel / SAP / Schaeffler / Siemens / T-Systems / ZF)
CADE conditionally clears a joint venture of firms in the automotive sector*
The companies’ trade agreement will give rise to a new economic player
On 14 December 2022, the Administrative Council for Economic Defense (CADE) conditionally cleared a joint venture among 11 companies in the (...)
The Irish Competition Authority accepts a grocery chain and grocery wholesaler combination, subject to binding commitments to not exchange commercially sensitive information (BWG Foods / McCarrick Brothers Wholesale)
CCPC requires binding commitments from BWG to acquire McCarrick’s*
The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by BWG Foods Unlimited Company (BWG) of McCarrick Brothers Wholesale Longford (...)
The EU Commission adopts guidelines on the application of EU competition law to the collective agreements of solo self-employed persons
On September 29, 2022, the European Commission adopted guidelines on the application of EU competition law to the collective agreements of solo self-employed persons (hereinafter referred to as the “Commission Guidelines”), with the aim of defining when solo self-employed persons can (...)
The South African Competition Authority and the Egyptian Competition Authority join forces to strengthen anti-monopoly competition laws
South African and Egyptian Competition Authorities join forces to strengthen anti-monopoly competition laws*
The Competition Commission South Africa this morning, 31 August 2022, signed a Memorandum of Understanding (MoU) with the Egyptian Competition Authority to establish a general (...)
The EU Court of Justice preliminarily determines that discriminatory access to data may constitute an abuse of a dominant position (Enel)
On 12 May 2022, the European Court of Justice ("the Court") delivered a preliminary ruling on abuse of dominance through the exploitation of data. As the historic monopolist, ENEL had access to customer data which it used to strengthen its position.
Key takeaways ENEL prevented its (...)
The Croatian Competition Authority and the Financial Services Supervisory Agency sign a memorandum of agreement for cooperation on sustainable competition policy
Croatian Financial Services Supervisory Agency and Croatian Competition Agency sign a memorandum of agreement*
The parties committed themselves to cooperation in the area of competition in the financial services market including the capital market, the insurance market, the pension insurance (...)
The French Competition Authority fines an undertaking active in the spirits market for gun jumping (Cofepp / Marie Brizard Wine & Spirits)
The Autorité fines Cofepp for acquiring control of MBWS without prior notification of the transaction and without waiting for its decision*
Background
The Autorité de la concurrence has fined Cofepp (Poliakov, Label 5, Cruz, Saint James, Old Nick, etc.) for acquiring control of Marie (...)
The French Competition Authority fines a company for gun-jumping in a case relating to a progressive takeover and de facto control in the spirit market (Cofepp / Marie Brizard Wine & Spirits)
On 12 April 2022, the FCA fined the Compagnie Financière Européenne de Prises de Participation ("COFEPP") EUR 7 million for both (i) failure to notify its merger with Marie Brizard Wine & Spirits ("MBWS") and (ii) completion of the merger prior to the FCA’s approval. The FCA launched the (...)
The US DoJ and Department of Labor strengthen their partnership to protect workers through greater coordination and information sharing, cross-agency training and outreach
Departments of Justice and Labor Strengthen Partnership to Protect Workers*
The Agencies Will Enhance Enforcement Efforts Through Greater Coordination and Information Sharing, Cross-Agency Training and Outreach
The Justice Department’s Antitrust Division and the Labor Department signed a (...)
The US DoJ and Department of Labor release a Memorandum of Understanding to strengthen and coordinate enforcement efforts in labor markets
Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury) released a report titled “The State of Labor Market Competition,” and (...)
The Indian Competition Authority fines a renewable energy firm a nominal sum for gun jumping in a first-of-its-kind decision (Adani Green / SB Energy)
In its order dated 9 March 2022, the Competition Commission of India (“CCI”) penalized Adani Green Energy Limited (“Adani Green”) for gun jumping in connection with its acquisition of S.B. Energy Holding Limited (“SB Energy” / “Target”).
Per the CCI, the central issue was of Adani Green (...)
The Indian Competition Authority fines a renewable energy firm for gun-jumping (Adani Green / SB Energy)
Adani Greens Energy Limited (“Adani Green/Acquirer”) was served with a show cause notice (“SCN”) on 14 August 2021 in relation to its acquisition of S.B. Energy Holding Limited (“S.B. Energy/Target”) (“Combination”). The notice for the Combination was filed on 18 May 2021, pursuant to the (...)
The Turkish Competition Authority publishes a Communiqué which amends the turnover thresholds required for merger notification
On 04.03.2022, important amendments/additions have been introduced to the Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (“Communiqué No. 2010/4”). With this article, it is aimed to summarize these latest amendments in the Communiqué (...)
The EU Commission proposes for public comment its new competitor cooperation guidelines which are tougher on information sharing but provide scope for sustainability agreements
The European Commission (Commission) is accepting public comment on its proposed revisions to European Union regulations and guidance on common competitor cooperation arrangements, which are due to expire on 31 December 2022. Cooperation agreements among existing or potential competitors (...)
The EU Commission includes for the first time in its draft revision of the horizontal cooperation guidance a specific section on consortia agreements
The European Commission’s draft revision of the horizontal cooperation guidance published on March 1, 2022, for the first time includes a specific section on the assessment of consortia agreements. Up to now, there has been very limited guidance in case law and in the existing horizontal (...)
The Australian Competition Authority seeks views on court enforceable undertakings proposed by 2 maritime container suppliers in relation to their proposed merger (Cargotec / Konecranes)
ACCC consults on divestiture proposal for Cargotec, Konecranes merger*
The ACCC is seeking views on court enforceable undertakings proposed by each of Cargotec and Konecranes in relation to their proposed merger.
The proposed undertakings in Australia are based on similar remedies Cargotec (...)
The US DoJ sues to block a merger between a healthcare technology provider and a health company following anticompetitive concerns (UnitedHealth Group / Change Healthcare)
Justice Department Sues to Block UnitedHealth Group’s Acquisition of Change Healthcare*
Acquisition Would Allow Health Care Giant to Use Competitively Sensitive Claims Data of Hundreds of Millions of Americans to Reduce Competition and Innovation to the Detriment of Health Insurance (...)
The Canadian Competition Authority joins the competition authorities of the United States, Australia, New Zealand, and the United Kingdom in a new working group focused on sharing information to identify and prevent potentially anticompetitive conduct in the global supply and distribution of goods
International working group targets potential collusion by competitors in supply and distribution of goods*
The Competition Bureau has joined the competition authorities of the United States, Australia, New Zealand, and the United Kingdom in a new working group focussed on sharing (...)
The UK Competition Authority imposes its 3 largest fines totalling £56.7M for breaches of initial enforcement orders in connection with 2 mergers in Big Tech and sportswear (JD Sports / Footasylum) (Meta / Giphy)
Within the last six months, the UK’s Competition and Markets Authority ("CMA") has issued its three largest fines for breaches of an initial enforcement order ("IEO"). These include fines of GBP 50.5 million and GBP 1.5 million for breaches of an IEO imposed in connection with the completed (...)
The UK Competition Authority fines sports retailers £5M after breaching the rules around a merger blocked by the Authority (JD Sports / Footasylum)
Sports retailers fined almost £5m for breaching CMA order*
JD Sports and Footasylum have been fined almost £5 million after breaching the rules around a merger blocked by the CMA. Breaches include the sharing of commercially sensitive information between JD Sports and Footasylum CEOs Failure (...)
The European Commission drafts new competition rules for Vertical Block Exemption Regulation (VBER) and guidelines for vertical restraints scheduled to take effect in June 2022
I. The context
The European Commission (“EC”) is currently revising the rules governing vertical agreements under EU competition law, which will expire on May 31, 2022. In this respect, on July 9, 2021, the EC published its long-awaited draft revised Vertical Block Exemption Regulation (...)
The EU Commission issues draft guidance on information exchange in dual distribution scenarios
On 4 February 2022, the European Commission (“Commission”) published (for a brief period of public consultation) revised draft guidance on dual distribution, available here, which includes an extensive discussion concerning information exchange (“Draft Guidance”). This is likely to be one of (...)
The EU General Court overturns the Commission’s decision to fine a semiconductor chip manufacturer for €1.06 billion for abusing its dominant position (Intel)
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision (...)
The EU General Court annuls a €1.06B fine imposed by the Commission on a chip maker based on economic evidence (Intel)
Three’s a charm for Intel: On judicial review of economic evidence to rebut a legal presumption*
In 2009, the European Commission imposed what was then a record-breaking fine of EUR 1.06 billion on Intel for abuse of dominance. Intel’s initial action for annulment was dismissed by the (...)
The German Competition Authority initiates an inquiry in the waste management sector to examine whether a recycling management company can be obliged to notify future takeovers of smaller companies (Rethmann Group / Remondis)
Rethmann Group / Remondis: Bundeskartellamt examines preconditions for extended obligation to notify future takeovers (Section 39a German Competition Act, GWB)* The Bundeskartellamt has initiated a further sector inquiry in the waste management sector. The authority is going to examine (...)
The German Competition Authority designates a parent company of a Big Tech company as an undertaking of paramount significance for competition across markets (Google / Alphabet)
On 30 December 2021, the German Bundeskartellamt (Federal Cartel Office, “FCO”) designated Alphabet Inc., parent company of Google, (“Google”) as an ‘undertaking of paramount significance for competition across markets’.
The FCO is now considering whether to prohibit particular (...)
The Polish Competition Authority orders a supermarket to pay debts to suppliers in a first-of-its-kind decision that provides public compensation to entities other than consumers (SCA Polska / Intermarché)
UOKiK President orders SCA PR Polska (Intermarche) to pay debts towards suppliers*
President of the Office of Competition and Consumer Protection Tomasz Chróstny obliged SCA PR Polska (Intermarche Group) to change practices that could constitute an unfair use of contractual advantage.
As a (...)
The EU Court of Justice AG Pikamäe delivers an opinion concerning the fiscal advantages granted by Luxembourg to a subsidiary of a major car manufacturing company which could substantially change the Commission’s approach in assessing member states’ tax rulings (Fiat / Ireland)
On 16 December 2021, Advocate General Priit Pikamäe delivered an Opinion in Case C-898/19 P, Ireland v Commission and Others, concerning fiscal advantages granted by Luxembourg to a Fiat group subsidiary, which – if followed by the European Court of Justice – could substantially change the (...)
The US FTC, US DoJ and the EU Commission issue a joint statement on the launch of the EU-US Joint Technology Competition Policy Dialogue
Joint Statement from FTC, DOJ Antitrust Division, and European Commission Leadership on Launch of EU-US Joint Technology Competition Policy Dialogue*
Leadership of the Federal Trade Commission, the Antitrust Division of the Department of Justice, and the Directorate-General for Competition (...)
The EU General Court rejects an appeal by a recipient of illegal aid who requested that the Commission declare the aid compatible with the internal market even though the member state concerned had failed to notify the Commission (Solar Electric)
Illegal Aid Cannot be Regularised a Posteriori*
A Commission decision finding non-notified aid to be compatible with the internal market cannot remedy the illegality that existed before the Commission decision.
Introduction
In November 2021, the General Court rejected an appeal by the (...)
The US FTC and DoJ, which rejected the legitimacy of the "portfolio effects" doctrine over 20 years ago, could revisit their opinion over the acquisition of a brewery by a Japanese beverages company (Bell’s Brewery / Kirin)
Bell’s Brewery Sale May Tap Into Longstanding Portfolio Effects Debate*
The announced acquisition of Bell’s Brewery by Japanese conglomerate Kirin provides an opportunity to reexamine the much-maligned “portfolio effects” doctrine of merger analysis.
Bell’s, the Michigan-based craft brewer (...)
The Norwegian Competition Authority issues a draft paper on its approach to abusive price discrimination
Discriminatory Abuse – Time to clear up the ambiguities!*
The Norwegian Competition Authority has issued a draft paper on abusive (price) discrimination, outlining how the agency plans to approach the matter, which should be most welcome. Essentially, the legal position is at best unclear, (...)
The EU General Court upholds a decision from the Commission sanctioning a telecommunications operator for gun jumping and clarifies in its decision the applicable rules (Altice / PT Portugal)
On September 22, 2021, the EU General Court (GC) upheld a decision from the European Commission (Commission) by which it fined telecommunications operator Altice for gun jumping (T-425/18, Altice Europe v Commission). In particular, the GC affirmed that the Commission could impose two separate (...)
The EU Court of Justice upholds the Commission’s decision finding that the Belgian tax rulings regarding excess profits qualify as a State aid scheme (Magnetrol International)
On 16 September 2021, the ECJ handed down its much awaited judgment on whether the Belgian tax rulings concerning excess profits could be classified as an aid scheme (as opposed to individual aid measures). The ECJ set aside the General Court’s judgment and backed the European Commission’s (...)
The EU Commission finds that a new Italian airline company is not an economic successor and therefore is not liable to repay an illegal State aid received by another national air carrier (ITA / Alitalia)
State aid: Commission finds new air carrier ITA is not Alitalia’s economic successor and Italy’s capital injections into ITA are market conform*
The European Commission has found that Italia Trasporto Aereo S.p.A. (“ITA”) is not the economic successor of Alitalia and, hence, it is not liable (...)
The Indian and Japanese Competition Authorities sign a memorandum on cooperation against anticompetitive activities
The CCI and the Japan Fair Trade Commission (JFTC) (Competition Authorities) concluded a Memorandum on Cooperation on 6 August 2021. India and Japan had earlier entered into a Comprehensive Economic Partnership Agreement which came into force on 1 August 2011, which included provisions that (...)
The Hungarian Competition Authority launches an investigation into one of the largest domestic wholesalers of fishing products
The GVH has caught a big fish among the domestic wholesalers of fishing products*
23 July 2021, Budapest – The Hungarian Competition Authority (GVH) has launched an investigation into one of the largest domestic undertakings engaged in the wholesale of fishing products due to allegedly (...)
The Hungarian Competition Authority launches an investigation against a leading regional player on the gravel market
GVH has launched an investigation against a leading regional player on the gravel market*
21 July 2021, Budapest – The Hungarian Competition Authority (GVH) has initiated a competition supervision proceeding against a large undertaking engaged in gravel production in the Central Hungary (...)
The Ukrainian Parliament adopts the Tax Amnesty Law which includes amnesty for competition law violations
AMNESTY FOR VIOLATIONS OF THE COMPETITION LAW*
On 21 July 2021, the Law of Ukraine on Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Encouraging the De-shadowing of Income and Improving Tax Culture of Citizens by Introducing a One-time (Special) Voluntary Declaration of (...)
The EU Commission approves a €1.2B rescue loan and opens an investigation into a €3.2B Portuguese further restructuring aid in favour of a national airline company (TAP)
State aid: Commission approves €1.2 billion rescue loan; opens investigation into €3.2 billion Portuguese further restructuring aid in favour of TAP*
By two separate decisions adopted today, the European Commission has (i) re-approved €1.2 billion rescue aid to Transportes Aéreos Portugueses (...)
The EU Court of Justice rejects an appeal filed by an airline company and provides further guidance on standing to challenge State aid decisions related to competing undertakings (Lufthansa)
On 15 July 2021, the Court of Justice of the European Union (“ECJ” or “Court”) rejected the appeal filed by the German airline company Deutsche Lufthansa AG against the judgment of the General Court of 12 April 2019, Deutsche Lufthansa v Commission (Case T-492/15).
The substance of the (...)
The European Data Protection Board rejects the request of the Hamburg Data Protection Authority to prevent a social media company from sharing data with a subsidiary (Facebook / WhatsApp)
Data exchange between WhatsApp and Facebook remains unregulated at European level*
European Board sees no urgent need for action
The European Data Protection Board (EDPB) has rejected the request of the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) to impose (...)
The EU General Court confirms that the aid granted by Austria to its national airline in order to compensate it for the damage resulting from the cancellation or rescheduling of its flights due to the COVID-19 pandemic is compatible with the internal market (Austrian Airlines / Laudamotion)
The General Court confirms that the aid granted by Austria to Austrian Airlines in order to compensate it for the damage resulting from the cancellation or rescheduling of its flights due to the COVID-19 pandemic is compatible with the internal market*
That aid, having been deducted from (...)
The Finnish Competition Authority conditionally approves a merger between a manufacturer and a wholesale operator in the food service procurements sector (Valio / Heinon Tukku)
The FCCA conditionally approves the merger between Valio and Heinon Tukku*
The Finnish Competition and Consumer Authority (FCCA) approved the merger in which Valio Oy will purchase Heinon Tukku Oy on 30 June 2021. A precondition for approving the merger is that Valio undertakes to protect (...)
The Romanian Competition Authority changes the analyzing manner of cases in the sector of pharmaceuticals and parapharmaceuticals retail
The Competition Council Changes the Analyzing Manner of Cases in Sector of Pharmaceuticals and Parapharmaceuticals Retail*
The Competition Council will change the analysing manner of the cases in the sector of pharmaceuticals and Para pharmaceuticals retail through specialized stores (...)
The Norwegian Competition Authority fines an energy company for breach of disclosure requirements regarding its acquisition of a petrol station belonging to a competing chain (St1 Norge)
The Norwegian Competition Authority imposes a fine of NOK 3 million on St1 Norge AS*
The Norwegian Competition Authority has today imposed a fine of NOK 3 million on St1 Norge AS for breach of disclosure requirements when it took control over a petrol station belonging to a competing chain. (...)
The French Competition Authority accepts the proposed settlement with a Big Tech company regarding online advertising practices and imposes a €220M fine for self-preferencing in the market for online display advertising (Google AdX / Google DoubleClick for Publishers)
In a decision of 7 June 2021, the French Competition Authority (“FCA”) accepted a proposed settlement by Google LLC and Google Ireland Ltd (“Google”) with respect to certain online advertising practices. The decision also imposed a € 220 million fine on Google as it concluded that Google’s (...)
The EU General Court annuls the Commission’s decision that ordered the recovery of €283M from a Big Tech company back to a country for State aid (Amazon)
Amazon and the Difficulty of Finding a Comparable Tax Payer*
To apply the Arm’s Length Principle to transactions between two related companies, the Commission must identify the less complex company of the two and compare it to a similar independent company.
Methodological errors in the (...)
The Slovak Parliament adopts the Act on Protection of Competition which implements the provisions of the ECN+ Directive
The implementation of the Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (ECN+ Directive) is a topic that resonates in competition law circles all over the EU. In Slovakia, (...)
The Indian Competition Authority dismisses a complaint against two regional development authorities and clarifies that a statutory body exercising economic functions cannot be guilty of abuse of dominance for policy-making decisions which apply equally to all market participants (Greater Noida Industrial Development Authority / New Okhla Industrial Development Authority)
KEY POINTS
A statutory body exercising economic functions can not be said to have abused its dominant position in a particular relevant market for any decisions taken as part of the policy-making process, which apply equally to all market participants.
BRIEF FACTS
Three separate (...)
The Italian Government welcomes legislative proposals on competition law reform
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 (...)
The Indian Competition Authority dismisses complaints against the State of Tamil Nadu’s road department on an alleged anticompetitive tender process because sufficient bids were received and the procurement process was found to benefit both the procurer and the public (Trichy Superintendent Engineer of Highways Department)
KEY POINTS
The consumer, based on his requirements / commercial considerations, has the freedom to specify and choose the kind of service, machineries, timelines, mode, and the manner in which it requires the same, provided that no provision of the Act is violated. The public procurement (...)
The Indian Competition Authority finds an abuse of dominance in the market for wholesale procurement of branded alcoholic beverages (International Spirits and Wines Association of India / Uttarakhand Agricultural Produce Marketing Board)
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 (...)
The EU Commission issues a second competition comfort letter in support of pharmaceutical cooperation to combat the COVID-19 pandemic
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 (...)
The Japanese FTC and the Government issue guidelines for business collaboration with startups to promote open innovation and ensure fair and free competitive environments
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 Serbian Government publishes rules on regional State aid for further alignment of the legislation with the EU’s acquis
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)
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 (...)
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)
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 (...)
The EU Commission opens a public consultation on the application of competition law to collective bargaining agreements for the self-employed
Over the past years, the EU institutions have shown quite some attention to the position of workers in the so-called gig or peer economy, despite the limited legislative authority of the EU in the area of social policy.
As early as 2016, the European Parliament called the EU Commission for (...)
The Russian Supreme Court adopts a decree providing clarifications on antitrust matters that arise in court proceedings
In March, the Russian Supreme Court adopted a Decree providing clarifications on antitrust matters (the "Plenum Decree") .
The Plenum Decree replaced most of the previous antitrust clarifications issued by the Supreme Commercial Court back in 2008. The new measure is comprehensive and covers (...)
The Italian Competition Authority ends an infringement proceeding by adopting a commitment decision following a natural gas distributor’s abusive conduct (Italgas)
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 (...)
The Danish Parliament approves extensive amendments to the Competition Act within the implementation of the ECN+ Directive
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 (...)
The UK Competition Authority publishes guidance on environmental sustainability agreements and competition law
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)
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 Indonesian Competition Authority imposes its first predatory pricing fine against a multinational cement manufacturer (CKSC)
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 UK Government and the EU Commission issue a Trade and Cooperation agreement providing a set of substantive and procedural rules on subsidy control
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 (...)
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
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 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)
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 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)
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 Montenegrin Competition Authority opens an investigation into State aid granted by the government to a state-owned shipping company (Crnogorska plovidba)
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“) (...)
The EFTA Surveillance Authority clears public financing of Norway’s e-health record system (Akson)
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 EU Court of Justice AG Kokott discusses the criteria to consider consistent administrative practices as aid schemes under Article 1(d) of Regulation 2015/1589 (Magnetrol International)
On 3 December 2020, Advocate General (AG) Kokott delivered her Opinion on whether an administrative practice of the Belgian tax authorities could fall within the notion of “aid scheme” as provided in Article 1(d) of Regulation 2015/1589, of 13 July 2015, laying down detailed rules for the (...)
The 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)
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 (...)
The Polish Competition Authority charges the supermarket group’s buyer company with abuse of contractual advantage against its suppliers (SCA PR Polska)
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 Belgian Competition Authority investigates a cosmetic company for its imposition of a maximum discount level on its network of selective distributors (Caudalie)
The Investigation and Prosecution Service of the Belgian Competition Authority has submitted a motivated proposal for decision in a case concerning the imposition by Caudalie of a maximum discount level on its network of selective distributors*
On 20 November 2020, the Investigation and (...)
The Polish Competition Authority conducts sector inquiries on wholesalers and suppliers of medical gases in the pharmaceutical sector
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)
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 Indian Competition Authority clears acquisition by a Big Tech company of a minority shareholding in its commercial partner for new low-cost smartphones (Google / Jio Platforms)
The CCI cleared the acquisition by Google International LLC (Google) of approximately 7.73% of the equity share capital in Jio Platforms Limited (Jio Platforms), a subsidiary of Reliance Industries Limited (RIL). Google group entities also entered into a commercial agreement with Jio Platforms (...)
The Georgian Competition Authority announces that the law amendments in the competition sector will come into force
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 (...)
The Georgian Parliament adopts amendments to its competition act
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 (...)
The Slovak Competition Authority releases the first draft of the new Competition Act for consultation
The Slovak national competition authority (Antimonopoly Office of the Slovak Republic, the “AMO”) released the first draft of the new Competition Act for consultation. The authorities and the public may submit comments to the draft until 6 November 2020. The proposed date of entry into force (...)
The Slovenian Competition Authority fines two corporate groups for failure to notify their merger (Agrokor / Ardeya Global)
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 (...)
The EU Commission unconditionally clears the merger of two companies active in the acquisition of sports broadcasting rights in Czechia and Slovakia and in the sale of advertising space in Czechia (PPF / CME)
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 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)
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 (...)
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)
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
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 Dutch Competition Authority launches a market study into information systems and information exchange in the hospital sector
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 Australian Competition Authority examines the experiences of consumers, developers, and suppliers regarding the mobile app market
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 (...)
The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in a competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)
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 Australian Competition Authority signs agreement to coordinate on cross-border investigations with competition authorities in Canada, New Zealand, UK and US
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 FTC signs Multilateral Mutual Assistance and Cooperation Framework with US DOJ and competition authorities in Australia, Canada, New Zealand and the UK
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 (...)
The US DoJ signs antitrust cooperation framework with US FTC and competition authorities in Australia, Canada, New Zealand, and the United Kingdom
Assistant Attorney General Makan Delrahim Signs Antitrust Cooperation Framework With Australia, Canada, New Zealand, And United Kingdom*
Multilateral Mutual Assistance and Cooperation Framework aims to boost international cooperation efforts
Today, Assistant Attorney General Makan Delrahim (...)
The New Zealand Competition Authority signs multilateral framework enhancing international cooperation on competition enforcement with Australia, Canada, UK and US
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 Canadian Competition Authority signs a competition enforcement framework with five foreign counterparts to strengthen its relationship and enhance cross-border enforcement
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 Australian Competition Authority partners with its counterpart competition agencies from five other countries to coordinate on cross-border investigations
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 Canadian Competition Authority enters into multilateral mutual assistance and cooperation framework with Competition Authorities in Australia, New Zealand, the UK, and the US
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 UK Competition Authority signs multilateral cooperation framework with its 5 counterparts in Australia, Canada, New Zealand and US
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 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)
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 a takeover in the natural gas market subject to divestment remedy (OK / Ørsted Varmeservice)
The Danish Competition Council has approved OK a.m.b.a.’s acquisition of natural gas customer agreements and Ørsted Varmeservice A/S*
On 18 August 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of OK a.m.b.a.’s (hereinafter “OK”) (...)
The Finnish Competition Authority opens in-depth investigation into the acquisition of agricultural business (Hankkija / SSO Rauta-Maatalous)
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 (...)
The Romanian Competition Authority analyses a merger in the market for animal feed and related markets (Koninklijke DSM / Erber)
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 Japanese FTC clears managerial integration of 2 internet companies subject to conditions (Z Holdings / LINE)
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 (...)
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)
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 EU Commission issues a communication setting out specific best practices and recommendations for national courts to protect confidential information in private litigation proceedings
The protection of confidential information is an issue of increasing importance in today’s business relationships, as well as in cases of litigation before the courts. Indeed, the issue not only arises in connection with modern business contracts, where the parties may exchange in real time (...)
The EU General Court overturns the Commission’s biggest State aid recovery order worth over €13 billion in tax advantages (Apple)
Apple: One Case to Rule Them All*
Some cases just have it all; the Apple case is one of them. First, size: at more than thirteen billion euros, the recovery order Ireland had to enforce dwarfed the previously biggest one (EDF, at around one billion euros). Second, international political (...)
The EU General Court annuls the Commission’s decision that Ireland had granted illegal State aid of at least €13 billion (Apple)
In July 2020, the EU General Court annulled the European Commission’s decision that Ireland had granted illegal state aid of at least €13bn to Apple through two tax rulings. The General Court’s judgment in the Apple case was one of the most keenly awaited judgments in the area of state aid. (...)
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)
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 (...)
The German Competition Authority clears merger of online dating platforms within the merger of their holding companies (Parship / Elite Partner / Lovoo)
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 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)
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 Hungarian Competition Authority facilitates investments in start-ups after authorizing non-compete clauses in the sale contract (CodeCool)
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 (...)
The Danish Competition Authority approves an energy and fibre optic group’s acquisition of several companies from another energy group, subject to divestment of customers (SEAS-NVE / Ørsted)
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 German Federal Court of Justice provisionally confirms an allegation against a social media company for abusing its dominant position (Facebook)
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 EU Court of Justice narrows down the concept of “undertaking” with regards to health insurance bodies (Dôvera zdravotná poistʼovňa)
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 (...)
The EU Court of Justice publishes its decision concerning a State aid question in the context of supplementary health insurance (Dôvera zdravotná poistʼovňa)
The Dovera-saga: Peace of mind for solidarity or cold feet for EU competition law?*
Last summer’s CJEU judgment in Case C-262/18 P Dovera Zdravotna Poist’ovna has gone by quite unnoticed with only a few mentions and annotationsin the usual blogs and journals. However, this judgment – which (...)
The OECD holds a roundtable on conglomerate effects of mergers
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)
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 England & Wales High Court rules that complying with a court-ordered disclosure in patent infringement proceedings between pharmaceutical companies does not breach competition law (Teva / Chiesi)
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 (...)
The Serbian Competition Authority clarifies who is considered to be a party to a concentration and how merger filing thresholds are calculated
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 Hong Kong Competition Authority revises leniency program for cartel conduct
Competition Commission revises leniency programme for cartel conduct*
The Competition Commission (Commission) today published a revised Leniency Policy for Undertakings Engaged in Cartel Conduct and a new Leniency Policy for Individuals Involved in Cartel Conduct to enhance the effectiveness (...)
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)
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)
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 Romanian Competition Authority sets down guidelines on business practices for companies during the COVID-19 pandemic
The Romanian Competition Council (RCC) has just set down guidelines on business practices for companies during the COVID-19 pandemic.
While the competition watchdog acknowledges that companies should take certain protective measures to prevent the spread of the coronavirus (e.g. reduce (...)
The 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)
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 EU Court of Justice confirms that a company is not necessarily insulated from State aid if it enjoys exclusive rights and operates in a sector covered by a legal monopoly (Arriva Italia)
Exclusive Rights and Legal Monopolies*
Introduction
The fact that a company enjoys exclusive rights and operates in a sector covered by a legal monopoly does not necessarily insulate it from State aid rules. This has been confirmed by the Court of Justice in its judgment of 19 December (...)
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)
SEPARABILITY OF ECONOMIC FROM NON-ECONOMIC ACTIVITIES*
Introduction
Pure research whose results are widely disseminated is undoubtedly a non-economic activity. Research reports are often published on the internet. But the design and management of a research organisation’s website can be an (...)
The EU Court of Justice upholds the Commission’s decision 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)
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 Turkish Competition Authority unconditionally approves an acquisition concluding that the parties, both controlled by Chinese State authorities, constitute separate entities (Tsinghua Tongfang / CNNC Capital)
This case summary concerns an analysis of the Board’s CNNC Capital/Tongfang decision, regarding the acquisition of sole control over Tsinghua Tongfang Co. Ltd. (“Tongfang”) by China National Nuclear Corporation Capital Holdings Co. Ltd. (“CNNC Capital”). The Board assessed whether the (...)
The Cypriot Competition Authority issues a decision imposing a fine of €33K on a local authority for excessively pricing its water supply services for livestock productions (Community Council of Kokkinotrimithia)
Introduction
On 14 October 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €33,843.81 on the Community Council of Kokkinotrimithia (“CCK”) for a violation of Section 6(1)(a) of the Protection of Competition Law (Law 13(I)/2008), as (...)
The EU General Court provides further guidance concerning the concept of State aid in the context of fiscal measures favoring port authorities (Port autonome du Centre) (Port de Bruxelles) (Havenbedrijf Antwerpen)
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 Estonian Competition Authority forms an opinion about the competition of 5G frequency licences and believes the frequency band should be divided into small blocks
The Competition Authority formed an opinion about the competition of frequency licenses in the frequency band of 3,410-3,800 MHz, as a result of which, the undertakings acquiring the licenses will start building a so-called 5G network for communications services.
The Competition Authority (...)
The Rotterdam District Court annuls a €41M fine imposed by the Dutch Competition Authority on a railway operator for allegedly abusing its dominant position (Nederlandse Spoorwegen)
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 (...)
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)
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)
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 Polish Competition Authority clears merger subject to the resulting corporate group’s accepting to sell two fuel stations (BP Europa / Arge Paliwa / Arge Nieruchomości)
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 (...)
The Hong Kong Competition Authority publishes a cooperation and settlement policy expanding its leniency program
On 29 April 2019, the Hong Kong Competition Commission (’HKCC’) published the Cooperation and Settlement Policy for Undertakings Engaged in Cartel Conduct (’Cooperation Policy’). In essence, the Cooperation Policy expands HKCC’s Leniency Policy, published in November 2015, just before the full (...)
The Hong Kong Competition Authority publishes a cooperation and settlement policy to complement its existing leniency framework
The Commission has published a Cooperation and Settlement Policy for Undertakings Engaged in Cartel Conduct (Cooperation Policy) as a supplement to its existing Leniency Policy for Undertakings Engaged in Cartel Conduct (Leniency Policy) and Enforcement Policy.
Under the Cooperation Policy, (...)
The EU Commission concludes that aspects of UK controlled foreign company rules constitute unlawful State aid
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
The European Commission has published a summary of its findings in its state aid investigation into the U.K.’s controlled foreign company (CFC) finance company (...)
The EU General Court delivers its first judgment on State aid through tax rulings by annulling the Commission’s decision on the Belgian excess profit ruling system (Magnetrol International)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On 14 February 2019, the EU General Court annulled the European Commission’s State aid decision relating to the Belgian excess profit ruling system. The (...)
The EU General Court annuls the Commission’s State aid decision regarding the Belgian excess profits tax ruling system (Magnetrol International)
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 overturns the Commission’s finding that Belgium granted unlawful State aid through advance tax rulings (Magnetrol International)
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 (...)
The EU General Court annuls the Commission’s decision which classified Belgium’s "excess profit" tax scheme as State aid (Magnetrol International)
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, (...)
The EU Commission opens an in-depth investigation into the tax treatment of an US multinational company in the Netherlands (Nike)
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 (...)
The EU Commission finds a State aid to a Conservatory to be compatible with the internal market (Fundació Privada Conservatori del Liceu)
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 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)
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 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)
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 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)
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 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)
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 (...)
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)
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 US FTC publishes a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger negotiations
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: (...)
The EU General Court annuls a Commission finding that state measures in favor of health insurance organizations 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)
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 overturns a Commission decision that health insurance providers did not receive State aid, after finding that the presence of operators seeking to make profit determines the economic nature of an activity (Dôvera Zdravotná Poistovña)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)
The EU General Court annuls a decision of the Commission that found no State aid because it considered the recipient of the measure was not an undertaking (Dôvera zdravotná poist’ovňa)
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. (...)
The French Competition Authority unconditionally clears the acquisition of a multimedia company by the German group which owns an online property portal (Axel Springer / Concept Multimédia)
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 (...)
The EU Commission clears the merger of semiconductor companies subject to interoperability and quasi-structural remedies designed to address conglomerate concerns (Qualcomm / NXP)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On 26 July 2018, US company Qualcomm Inc announced the abandonment of its proposed acquisition, through its subsidiary Qualcomm River Holding BV (Qualcomm), of (...)
The Polish Competition Authority conducts investigation into company takeover and concludes that the resulting concentration restricts competition in the national market (PKPE / Elester-PKP)
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 (...)
The French Competition Authority accepts to clears acquisition of general merchandise stores subject to undertakings to address competition issues (Tati group / Gifi)
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 (...)
The French Competition Authority does not consider acquisition in the publishing industry to harm competition, thus clearing it (Média-Participations / La Martinière)
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
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 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)
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 (...)
The French Competition Authority clears acquisition of corporate group in the field of books and stationery retail (Gibert Jeune / Gibert Joseph)
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 Commission opens an in-depth investigation into UK statutory rules exempting some financing incomes earned by foreign subsidiaries
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 (...)
The EU Commission concludes that Luxembourg has granted undue tax benefits to an e-commerce company (Amazon)
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 State aid (Aanbestedingskalender)
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 (...)
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)
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)
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 Dutch Competition Authority finds that the incumbent rail company abused its dominant position with two separate infringements (Nederlandse Spoorwegen)
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 Indian Competition Authority opens an investigation into bid-rigging by a state government department (Government of Haryana Public Works Department)
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 Supreme Court recalls the maximum fine incurred by associations compared to companies and clarifies the concept of undertaking underlying such distinction (ECMA)
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 Indian Competition Authority opens investigation into abuse of dominance by a local development authority (Sudarshan Kumar Kapur / Delhi Development Authority)
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 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)
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 a healthcare conglomerate’s three companies into two companies with clearer business verticals (Fortis Healthcare / Fortis Malar Hospital / SRL)
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 (...)
The EU Commission confirms the illegal granting of State aid by Ireland to a Big Tech company (Apple)
Introduction
Criticism against the European Commission’s State aid decisions over tax arrangements intensified following the August 2016 decision on Apple. In that decision, the Commission found Ireland to have given Apple a benefit of approximately €13bn in illegal State aid through tax (...)
The EU Commission publishes its largest-ever negative State aid decision regarding tax arrangements, requiring Ireland to recover €13 billion of aid (Apple)
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 Big Tech company (Apple)
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 (...)
The Higher Regional Court of Düsseldorf confirms the personal liability of the company’s statutory representatives in its managing corporate body for any consequential damages arising from the antitrust infringement (ArcelorMittal / Dörrenberg / Kind & Co. / Wiehl...)
On July 27, 2023 , the Higher Regional Court of Düsseldorf ruled on the question of whether a company that has been fined under antitrust law can hold itself harmless by seeking indemnification from the statutory representatives in its managing corporate body. While the Higher Regional Court (...)
The England & Wales Court of Appeal rules on the carriage of competition disputes at the CAT, affirming the CAT’s specialist role in competition class actions (Evans / O’Higgins)
Introduction
The UK Court of Appeal recently ruled on a carriage dispute in competition collective proceedings at the Competition Appeal Tribunal (CAT or Tribunal). The CAT had ruled on 31 March 2022 in Evans v Barclays PLC & Ors / O’Higgins which, amongst other issues on appeal, raised (...)
The Austrian Competition Authority files an application with the Cartel Court to impose a fine of €4.8M on a construction cartel and a motion to ascertain whether a leniency applicant committed an infringement (Pittel / Brausewetter / Kostmann)
Construction cartel UPDATE – AFCA files application for a fine on Pittel + Brausewetter and for findings on Kostmann*
In the course of its investigations into the Austrian construction industry, the Austrian Federal Competition Authority (AFCA) filed another application on 21 February 2023 (...)
The Latvian Senate sends the case of a car distribution cartel back to the Regional Administrative Court for reconsideration due to procedural issues (Moller Auto Latvia / Moller Auto Ventspils / Moller Auto Krasta...)
The Senate annuls the judgment of the Regional Administrative Court in the case of the Volkswagen car distribution cartel*
On 23 September, the Senate of the Republic of Latvia annulled the judgment of the Administrative Regional Court in the case of the Volkswagen car distribution cartel, (...)
The EU Court of Justice upholds the General Court’s classification of the Spanish tax rules on the amortization of financial goodwill as State aid incompatible with the internal market (Deutsche Telekom / Banco Santander / Sigma Alimentos Exterior / Prosegur Compañia de Seguridad / Duty Free Group / Banco Santander / Santusa)
The Court of Justice dismisses the appeals brought against the judgments of the General Court upholding the classification of the Spanish tax rules on the amortisation of financial goodwill as State aid incompatible with the internal market*
In 2007, after a number of written questions had (...)
The EU Court of Justice issues a preliminary ruling clarifying the single economic unit doctrine in private enforcement providing an analysis that has far-reaching consequences on future damages claims across the EEA (Sumal / Mercedes Benz Trucks España)
Abstract:
The determination of the liability of a subsidiary for the anticompetitive conduct of its parent company ignited, long time ago, a sharp debate between those advocating for the single economic unit doctrine and those supporting the corporate separability doctrine. This paper, after (...)
The EU Court of Justice establishes in a long-awaited ruling conditions under which the victim of a competition law infringement may seek compensation from a subsidiary of the perpetrator (Sumal / Mercedes Benz Trucks España)
On 6 October 2021, the European Court of Justice (“ECJ”) sitting in Grand Chamber clarified the notion of “undertaking” for the purposes of EU competition law in a long-awaited ruling (Case C-882/19, Sumal). The judgment establishes the possibility for the victim of a competition law (...)
The EU Court of Justice confirms that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law (Sumal / Mercedes Benz Trucks España)
On 6 October 2021, a preliminary ruling of the Court of Justice of the European Union (“CJEU”) in Sumal confirmed that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law. This note briefly analyzes the judgment and the (...)
The Turkish Competition Authority concludes an investigation into the small household appliances sector with the first settlement decision under the newly introduced settlement procedure (Philips / Dünya Dış)
After an investigation process of 8 months, the Turkish Competition Board (“Board”) announced on August 9, 2021 on its website that it has concluded the investigation with a settlement decision which constitutes the first example of the newly introduced settlement procedure by the Turkish (...)
The EU General Court delivers two new landmark rulings in the field of State aid and taxation against a Big Tech company and an energy company (Amazon) (Engie)
On 12 May 2021, the General Court of the European Union (“GC”) delivered two important judgments concerning tax rulings granted by Luxembourg to Amazon (Joined cases T-816/17, Luxembourg v Commission and T-318/18, Amazon EU and Amazon.com v Commission) and Engie (Joined cases T-516/18, (...)
The EU General Court issues two decisions on State Aid appeals brought by a major Big Tech company and an energy company (Amazon) (Engie)
On May 12, 2021, the General Court of the European Union (EU) published its decisions on the appeals against the findings of the European Commission (EC) that State aid had been granted to Amazon and Engie by Luxembourg in the form of tax rulings resulting in non-arm’s length transfer pricing (...)
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)
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 (...)
The Amsterdam Court of Appeal accepts jurisdiction regarding a damages claim in a case of abuse of dominance in the Greek beer market (Macedonian Thrace Brewery / Athenian Breweries / Heineken)
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. (...)
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)
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 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
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 (...)
The US Congress approves the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act
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
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 (...)
The Turkish Constitutional Court issues a decision finding a violation of constitutional rights of the concerned undertaking during the appeal process of a competition law infringement action (Onmed)
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 and acquisition during the COVID-19 crisis
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)
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)
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 Spanish Supreme Court rejects the applicability of ‘fortuitous discovery’ doctrine when an inspection order is excessively vague (Unión de Empresas de Recuperación)
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”) (...)
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)
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 (...)
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)
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 (...)
The EU Court of Justice delivers four judgments dismissing the appeals brought by participants involved in a cartel (Airfreight cartel)
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
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 US DoJ and the FTC publish competition law compliance guidelines aimed at HR professionals involved in recruitment and remuneration decisions for their firms
In October, the US competition authorities (the Department of Justice (DOJ) and the Federal Trade Commission (FTC)) published competition law compliance guidelines aimed at HR professionals involved in recruitment and remuneration decisions for their firms (the US Guidelines). This development (...)
The EU General Court confirms that the EU Commission may rely on recordings seized unlawfully by a third party in a dawn raid (Heiploeg)
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 (...)
The EU Commission adopts a formal decision to hold that the UK will not be treated as an EU Member State for FDI regulation purposes
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 (...)
Regulations
The US FTC announces the withdrawal of two antitrust policy statements related to antitrust enforcement in healthcare markets
On July 14, 2023 the Federal Trade Commission (FTC) announced that it is withdrawing two antitrust policy statements related to antitrust enforcement in health care markets (the policy statements). Specifically, the FTC is withdrawing “safe harbors” for healthcare provider mergers, joint (...)
The EU Commission adopts Horizontal Block Exemption Regulations and Guidelines
On 1 June 2023 the EU Commission adopted its new horizontal block exemption Regulations (covering R&D agreements and Specialisation agreements) and Horizontal Guidelines (Guidelines). The new block exemption Regulations will apply as of 1 July 2023 (with a transitional period of two years (...)
The EU Commission adopts the new Horizontal Block Exemption Regulations and Guidelines
European Commission adopts the final version of the much-anticipated Research & Development Block Exemption Regulation and Specialisation Block Exemption Regulation, as well as the Horizontal Guidelines. IN DEPTH
On 1 June 2023, the European Commission (Commission) adopted and published (...)
The EU Commission adopts new Horizontal Cooperation Guidelines and publishes the final version of the R&D and Specialisation Block Exemption Regulations
The EU Commission (EC) has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC’s aim is to provide more guidance for competitors wishing to cooperate in areas such as R&D and production, but (...)
The EU Commission adopts new Block Exemption Regulations and Horizontal Guidelines which include many new considerations on unilateral announcements and signalling, restriction of competition by object and hub-and-spoke infringements
On 1 June 2023, the European Commission (“Commission”) adopted the final version of its new horizontals package, comprising revised Block Exemption Regulations on Research and Development Agreements and Specialisation Agreements and revised Guidelines on horizontal cooperation agreements (...)
The EU Commission adopts new Horizontal Block Exemption Regulations and Horizontal Guidelines which provide a stricter information exchange regime for competitors’ cooperation
On June 1, 2023, the European Commission (EC) adopted a revised legal framework that block-exempts research and development (R&D) and specialisation agreements between competitors from the prohibition of anticompetitive agreements under Article 101(1) of the Treaty on the Functioning of (...)
The EU Commission adopts new Regulations and Guidelines for horizontal cooperation and provides details on the exemption requirements for sustainability agreements and information exchange
On 1 June 2023, the EU Commission has announced the adoption of updated Horizontal Block Exemption Regulations on Research and Development (R&D) and Specialization agreements (HBERs) and revised Horizontal Guidelines.
HBERs exclude certain horizontal agreements from the scope of Art. (...)
The EU Commission adopts new Horizontal Cooperation Guidelines and publishes the R&D and Specialization Block Exemption Regulations which introduce a new era for horizontal cooperation in line with the Court of Justice’s and the Commission’s decisional practices
Overview of the EU Commission’s Guidance on Information Exchange
In June 2023 the European Commission adopted its revised guidelines on horizontal cooperation agreements (Guidelines) together with its revised horizontal block exemption Regulations on R&D and Specialisation Agreements. (...)
The US DOJ continues its crackdown on illegal interlocking directorates thereby increasing the spotlight on private equity and technology firms and leading to the resignation of five more US company board directors
The Antitrust Division of the US Department of Justice ("DOJ") continues to aggressively pursue alleged illegal interlocking directorates that violate Section 8 of the Clayton Act, and in particular, interlocks involving private equity ("PE") firms and technology companies. On March 9, 2023, (...)
The US DOJ withdraws policy statements in the healthcare industry to signal increased scrutiny on mergers, joint ventures, group purchasing and information sharing
The Department of Justice (DoJ) recently withdrew three longstanding health care focused antitrust enforcement policy statements that had provided certain “safety zones” for mergers, joint ventures, group purchasing, and information sharing among industry participants.
Without these safety (...)
The US DOJ signals heightened scrutiny on information exchanges and competitor collaborations in the healthcare sector and other industries
What happened
On February 3, 2023, the US Department of Justice’s (DoJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on healthcare, DoJ’s decision to withdraw these statements (...)
The US DoJ rescinds longstanding policy governing information exchanges in the healthcare sector
On 3 February 2023 the Department of Justice (DOJ) announced that it is withdrawing from certain policy statements related to antitrust enforcement in health care. Specifically, DOJ is withdrawing “safe harbors” for health care provider mergers, joint ventures, and joint purchasing (...)
The US DoJ rescinds three longstanding pieces of guidance on the exchange of competitively sensitive information through third parties
The US Department of Justice (DOJ) Antitrust Division is withdrawing three enforcement policy statements that provided important guidance on the exchange of competitively sensitive information through third parties. The guidance previously created a safe harbor for market benchmarking surveys (...)
The UK Competition Authority provides its guidance for the newly finalised framework for vertical agreements
On July 12, the CMA published its final guidance (the Guidance) accompanying the UK’s block exemption for vertical agreements (VABEO). The VABEO came into force on June 1, replacing the retained EU framework. The Guidance supplements the VABEO for agreements not covered by the block (...)
The Turkish Competition Authority issues the Regulation on Settlement Procedure for Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position
Introduction
On July 15, 2021, the Turkish Competition Authority (“Authority”) issued the Regulation on Settlement Procedure for Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position (“Settlement Regulation”), which was also published in (...)
The UK Government publishes its Subsidy Control Bill following Brexit
The UK Government has been busy adding flesh to the bare bones of the domestic subsidy control regime that has been in place since the start of 2021 following the signing of the EU/UK Trade and Cooperation Agreement (TCA).
The Subsidy Control Bill introduced before Parliament on 30 June (...)
The Dutch Competition Authority publishes guidelines to counter “vendor lock-in" in the market for information technology systems in the healthcare sector
On 18 June 2021, the Dutch competition authority, Autoriteit Consument & Markt (ACM), announced that it would prepare guidelines to counter “vendor lock-in” in information technology systems for the healthcare sector, principally hospital information systems and electronic patient files. (...)
The Dutch Competition Authority publishes guidelines on competition rules for IT suppliers in healthcare to counter "vendor lock-in"
ACM to draw up guidelines regarding competition rules in order to mitigate ‘vendor lock-in’ in health care IT*
The Netherlands Authority for Consumers and Markets (ACM) will draw up guidelines that will clarify the competition rules for IT suppliers in health care. ACM has found that, in (...)
The EU Commission publishes the results of its evaluation of the horizontal block exemption regulations and guidelines for R&D
On 6 May 2021, the European Commission (“Commission”) published the findings of its evaluation of the horizontal block exemption regulations for Research & Development (“R&D BER”) and specialisation agreements (“Specialisation BER”, together “HBERs”), as well as the accompanying (...)
The Dutch Government implements the EU regulation establishing a framework for the screening of foreign direct investments
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 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
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 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
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
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 a positive Business Review Letter to a drug wholesale company and announces it will not challenge collaborative efforts in procuring healthcare supplies used to treat COVID-19 patients (AmerisourceBergen)
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)
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 Turkish Competition Authority grants an exemption to an electronic refuel and information system bringing together fuel distributors and end-users in a two-sided market (Platform Aracılık / Danışmanlık)
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 (...)
The EU Commission issues a report on syndicated loans and competition compliance
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
Syndicated lending is a well-established and critical way of banks sharing risk in financing larger or riskier projects which a single lender is unable or (...)
The EU Commission publishes its final study on antitrust aspects in the EU loan syndication markets
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 Australian Competition Authority publishes guidelines on collective bargaining for small businesses
On 20 December 2018, the Australian Competition & Consumer Commission ("ACCC") published guidelines on collective bargaining for small businesses, including agribusinesses ("Guidelines"). Whilst collective bargaining can generally lead to more efficient negotiations, better access to (...)
The OECD holds a roundtable on blockchain technology and competition policy
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, (...)
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
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 (...)
The Finnish, Swedish, Danish, Norwegian and Icelandic Competition Authorities agree to enhance their co-operation in antitrust investigations by signing a cooperation agreement
The Finnish, Swedish, Danish, Norwegian and Icelandic competition authorities have agreed to enhance their co-operation in antitrust investigations by signing a cooperation agreement on 8 September 2017. Currently, Finland, Sweden and Denmark have already acceded to the new agreement by (...)
The Russian Competition Authority’s Head calls for stronger cooperation in cross-border investigations and exchange of classified information at UNCTAD’s 16th session of the intergovernmental group of experts on competition law and policy
Russia’s perspective on International Competition law and policies by of Mr. Igor Artemiev, Head of Federal Antimonopoly Service of the Russian Federation*
The 16th session of the Intergovernmental Group of Experts on Competition Law and Policy took place in Geneve from 5-7 July 2017.
Q: (...)
The US FTC and DOJ publish antitrust guidance to human resource professionals about how antitrust laws apply in the employment context
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 (...)
The US DOJ and FTC publish their antitrust guidance in order to alert HR professionals that agreements among competing employers to limit or fix the terms may violate antitrust laws
After years of filing civil enforcement actions against companies, hospitals, and various employer groups for entering into a variety of schemes to suppress employee wages, the Antitrust Division of the Department of Justice and the Federal Trade Commission have made it clear that naked (...)
Anticompetitive practices
The US DoJ welcomes the support of the AGs of Minnesota, California, North Carolina and Tennessee in an ongoing antitrust lawsuit against an agri-tech company for organizing and managing anticompetitive information exchanges among broiler chicken, pork and turkey processors (Agri Stats) Free
Four States Join Justice Department’s Suit Against Agri Stats for Organizing and Managing Unlawful Information Exchanges Among Chicken, Pork, and Turkey Processors*
Today, the Attorneys General of Minnesota, California, North Carolina and Tennessee joined a civil antitrust lawsuit filed by (...)
The Austrian Cartel Court imposes a €27M fine on a leading construction company in Central and Eastern Europe for cartel behaviour (Swietelsky)
Construction cartel: Cartel Court imposes a fine of EUR 27.15 million on Swietelsky at AFCA’s request*
The Cartel Court issued a decision on 27 March 2023, finding that Swietelsky breached the ban on cartels in the form of a single and continuous infringement and imposing a fine of EUR 27.15 (...)
The US DoJ sues an agri-tech company for organizing and managing anticompetitive information exchanges among broiler chicken, pork and turkey processors (Agri Stats)
Justice Department Sues Agri Stats for Operating Extensive Information Exchanges Among Meat Processors*
Agri Stats Suppresses Competition by Organizing and Managing Scheme to Share Competitively Sensitive Information Among Protein Processors
The Justice Department filed a civil antitrust (...)
The Romanian Competition Authority conducts dawn raids at the premises of 10 financial institutions as part of a new investigation into possible arrangements to limit consumers’ access to credit products and services for individuals (Credit Bureau / Romanian Association of Banks / Alpha Bank / CEC Bank...)
COMPETITION COUNCIL COMPLETES THE UNANNOUNCED INSPECTIONS IN THE BANKING SECTOR*
The Competition Council has completed the unannounced inspections carried out at ten banks, as well as at the Credit Bureau and the Romanian Association of Banks. The banks inspected are: Alpha Bank Romania (...)
The Austrian Competition Authority files an application with the Cartel Court to impose a fine of €1.4M on a construction firm for bid rigging (Fröschl)
Construction cartel update: AFCA applies to the Cartel Court to have a fine of EUR 1.4 million imposed on Fröschl*
As part of its successful investigations into the construction industry, the Austrian Federal Competition Authority (AFCA) filed another application with the Cartel Court on 05. (...)
The Austrian Competition Authority files an application with the Cartel Court to impose a fine of €9.8M on a construction firm for bid rigging (Granit Group)
Construction cartel update: AFCA applies to the Cartel Court to have a fine of EUR 9.8 million imposed on the Granit Group*
As part of its successful investigations into the construction industry, the Austrian Federal Competition Authority (AFCA) filed another application with the Cartel (...)
The South African Competition Authority holds a workshop on anticompetitive exchanges of information to alert industry of the risk of noncompliance
COMMISSION ENGAGES STAKEHOLDERS ON THE EXCHANGE OF COMPETITIVELY SENSITIVE INFORMATION*
The Competition Commission (Commission) today hosted a hybrid workshop for trade associations, business stakeholders, and sector regulators in Fourways, Johannesburg to raise awareness of the permissible (...)
The Dutch District Court of Rotterdam dismisses a challenge to fines imposed on cigarette manufacturers for illegally exchanging commercially sensitive information (Philip Morris Investments / Philip Morris Benelux / British American Tobacco / JT / Van Nelle Tabak)
On 18 July 2023, the Rotterdam District Court dismissed the appeals brought by tobacco manufacturers Philip Morris Investments BV, Philip Morris Benelux BV, British American Tobacco International BV, JT International Company Netherlands BV, and Van Nelle Tabak Nederland BV against fines (...)
The Italian Competition Authority initiates an antitrust investigation into an alleged cartel in the market for automotive fuel (Biofuel Automotive)
By a decision made on 11 July 2023 in the Biofuel Automotive Pricing case, the Italian Competition Authority (ICA) has opened an Article 101 TFEU investigation against seven oil companies. The ICA feared that those companies collectively fixed the value of an important element of automotive (...)
The Belgian Competition Authority sends a Statement of Objection to cartelists in the private security sector (Securitas / G4S / Seris)
Belgian Competition Authority: statement of objections concerning cartels in the private security sector*
On July 6, 2023, the Auditorate of the Belgian Competition Authority (ABC) informed Securitas , G4S and Seris that it has taken a preliminary position regarding possible cartel practices (...)
The Belgian Competition Authority sends a Statement of Objections to a private security provider for bid rigging, exchanging information and price fixing (G4S / Securitas / Seris)
On 6 July 2023, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the BCA ) sent a Statement of Objections to the three main market players in the private security sector, namely G4S, Securitas and Seris. This is a significant step in an (...)
The Polish Competition Authority conducts preliminary investigations into collusions in the market for selling farming machines
Preliminary investigations into collusions on selling farming machines* Have farming machines of most popular brands been sold in breach of the fair competition rules? President of the Polish Competition Authority (UOKiK or Authority) has instigated three preliminary investigations into this (...)
The Austrian Competition Authority files an application to impose a second fine on a construction company as part of the Authority’s action against a facade construction cartel (Simsek Bau / NFS Bau)
Facade construction cartel: AFCA files application to Cartel Court for imposition of a fine of EUR 63,000 on Simsek Bau GmbH*
In the course of its investigations into the facade construction sector, the Austrian Federal Competition Authority (AFCA) filed an application with the Cartel Court (...)
The Canadian Competition Authority publishes enforcement guidelines on recently criminalized wage-fixing and no-poach agreements
In brief
The Canadian Competition Act was recently amended to, among other things, criminalize wage-fixing and no-poach agreements between unaffiliated employers. Following a one-year grace period for permitted Canadian employers to ensure they are in compliance, the criminal prohibition (...)
The Brazilian Competition Authority recommends convicting cartelists for price fixing, bid rigging, exchanging commercially sensitive information and market sharing in the nuclear power industry
Office of the Superintendent-General of CADE recommends convicting cartel in procurement for Angra 3 power plant services*
The Tribunal of CADE is to adjudicate and give a final decision on the case.
The Office of the Superintendent-General of CADE submitted for adjudication by the (...)
The UK Competition Authority provisionally finds that 5 banks broke competition law by exchanging information on their trading strategies on UK bonds (Citi / Deutsche Bank / HSBC / Morgan Stanley / Royal Bank of Canada)
CMA provisionally finds 5 banks broke competition law on UK bonds*
The CMA has provisionally found these banks unlawfully exchanged sensitive information regarding UK government bonds in one-to-one online chats.
The Competition and Markets Authority (CMA) has provisionally found that 5 (...)
The Brazilian Competition Authority signs a leniency agreement with a producer of car breaking systems for cooperating with an investigation into an information exchange cartel (Robert Bosch)
CADE signs agreement in cartel investigation related to international market of braking systems*
On the hearing session of 10 May, the Tribunal of CADE signed a cease and desist agreement with the company Robert Bosch GMBH in a case related to a cartel in the international market of braking (...)
The US DoJ files a proposed amended complaint and consent decree with a fourth poultry producer to address the long-running conspiracy to suppress workers’ wages (George’s Food)
Justice Department Files Proposed Amended Complaint and Consent Decree with Fourth Poultry Processor, Further Addressing Long-Running Conspiracy to Suppress Workers’ Compensation*
Decree Prohibits the Exchange of Compensation Information, Requires Processor to Pay Restitution, and Subjects (...)
The Italian Competition Authority uncovers a collusion in the market for automotive fuel in a duty free area (Livigno Petrol Price)
The Italian Competition Authority finds a collusion in the market for automotive fuel in a duty free area*
In the Livigno Petrol Price case, the Italian Competition Authority (ICA) has detected a pricing collusion put in practice by several petrol stations active in the territory of the (...)
The Paris Administrative Court of Appeal affirms the New Caledonian Competition Authority’s decision to dismiss the complaint filed by a competitor firm over the opening of two hypermarket stores in the Païta and Anse Uaré regions (Hyper U / SDG-Carrefour)
The Paris Administrative Court of Appeal confirms the Authority’s decision to authorize the two Hyper U of the Ballande group*
In two judgments of April 13, 2023, the Paris Administrative Court of Appeal has just confirmed in all respects the decisions of the Authority n°2020-DEC-08 and (...)
The Czech Competition Authority sanctions distributors of electronics products for colluding but reduces the penalties as part of the leniency program (Beryko / Witty)
THE OFFICE PUNISHES A CARTEL OF XIAOMI ELECTRONICS DISTRIBUTORS DETECTED THANKS TO THE LENIENCY PROGRAM*
In its first-instance decision, the Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 24,467,000 on Beryko s.r.o. for participating (...)
The US DoJ continues enforcement action to address interlocking directorates across 10 different companies (Qualys / SumoLogic / F5 / N-able / Dynatrace / SolarWinds...)
Justice Department’s Ongoing Section 8 Enforcement Prevents More Potentially Illegal Interlocking Directorates*
Antitrust Division Continues to Focus on Competitors Sharing Company Directors in Violation of Section 8 of the Clayton Act
The Justice Department announced today that five more (...)
The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of several French undertakings in the distribution sector on account of suspicions of anticompetitive practices (Intermarché Casino Achats)
In its judgments of March 9, 2023 the Court of Justice of the EU (CJEU) annulled the General Court’s (GC) judgment that had partly upheld the European Commission’s (EC) inspection decision, and ruled that the EC had failed to fulfil its obligation to properly record the interviews it conducted (...)
The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices (Les Mousquetaires / ITM Entreprises / Casino / Guichard-Perrachon / Achats Marchandises Casino / Intermarché Casino Achats)
Judgments of the Court in Cases C-682/20 P |Les Mousquetaires and ITM Entreprises v Commission, C-690/20 P Casino, Guichard-Perrachon and Achats Marchandises Casino v Commission and C-693/20 P Intermarché Casino Achats v Commission*
The Court sets aside in part the judgments of the General (...)
The UK Competition Authority advises employers to avoid poaching, wage-fixing, information sharing and other related anticompetitive practices in the labour market
The UK Competition and Markets Authority has signalled its interest in bringing enforcement actions in the labour market by issuing guidance to employers on competition law compliance. The guidance warns employers that no-poaching agreements, wage-fixing agreements, and information sharing (...)
The UK Competition Authority publishes a guide for employers on how to avoid breaching competition law in labour markets
The UK antitrust authority, the CMA, has recently published a guide for employers on how to avoid breaching UK antitrust law in labour markets. This publication signals the UK’s intent to ratchet up antitrust scrutiny of labour markets – a trend that is gathering momentum across the world, in (...)
The UK Competition Authority issues new guidance on avoiding anti-competitive behaviour for employers
The Competition and Markets Authority (the “CMA”) has published new guidance for UK employers on how to avoid anti-competitive behaviour. The aim of this is to ensure staff are paid fairly for their work and can opt to move to another employer where pay and conditions are better. This serves (...)
The Turkish Competition Authority concludes its preliminary investigation into the market for car rental services and finds no evidence of anticompetitive exchange of information restricting competition (ALD Automotive / Celik Motor / Garanti Filo...)
On 31 January 2023, Turkish Competition Authority’s (“TCA”) decision dated 21 July 2022 and numbered 22-33/526-212 regarding a preliminary investigation into the car rental services market (the “Decision”) was published on the TCA’S official website. Back in 2020, the TCA started this (...)
The EU Court of Justice upholds the annulment of a €33.6M fine against a banking group on the rationale that the presumption of innocence was vitiated by two errors in law (HSBC)
Competition in the Euro Interest Rate Derivatives sector: the Court of Justice upholds the annulment of the € 33.6 million fine imposed on the HSBC Group*
The HSBC Group is a banking group, and one of its activities is global banking and markets. HSBC Holdings is the parent company of HSBC (...)
The EU Court of Justice partially overturns the General Court’s judgment on procedural grounds, and clarifies the presumption of innocence in hybrid investigations and the scope of restrictions by object in information exchanges (HSBC)
On 12 January 2023, the European Court of Justice (“ECJ”) published its long-awaited judgment in C 883/19 P HSBC v Commission.
The ECJ confirmed that HSBC had engaged in anti-competitive conduct but partially overturned the General Court’s (“GC”) judgment on procedural grounds. The judgment (...)
The EU Commission sends Statement of Objections to two banks over collusion in the market for trading Euro-denominated bonds (Deutsche Bank / Rabobank)
Antitrust: Commission sends Statement of Objections to Deutsche Bank and Rabobank over Euro-denominated bonds trading cartel case*
The European Commission has informed Deutsche Bank and Rabobank of its preliminary view that they breached EU antitrust rules by colluding to distort competition (...)
The EU Commission fines 5 styrene purchasers €157M for price fixing and exchanging sensitive commercial information (Sunpor / Synbra / Synthomer / Synthos / Trinseo / INEOS)
Antitrust: Commission fines styrene purchasers €157 million in cartel settlement*
The European Commission has fined Sunpor, Synbra, Synthomer, Synthos and Trinseo a total of €157 million for participating in a cartel concerning purchases on the styrene monomer merchant market. INEOS was not (...)
The German Federal Court of Justice confirms that a factual presumption of harm exists in cases of anticompetitive information exchanges (Schlecker)
On 5 January 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) published an important judgment in relation to follow-on damage actions relating to the so-called German drugstore products cartel (Case KZR 42/20). In its ruling, Germany’s highest civil court also confirmed a (...)
The EU Commission fines five styrene purchasers €157M for fixing prices and exchanging commercially sensitive information and grants a sixth member of the cartel full leniency (Sunpor / Synbra / Synthomer / Synthos / Trinseo / INEOS)
On 29 November 2022, the European Commission (the “Commission”) announced that it had imposed fines totalling €157 million on five companies involved in a purchasing cartel concerning styrene monomer (“styrene”) for various periods between 1 May 2012 and 30 June 2018. The five companies fined (...)
The Germany Federal Court of Justice rules that an exchange of secret information between competitors about pricing strategies for a common customer gives rise to a factual presumption of harm (Schlecker)
Introduction
In the Schlecker case, (BGH, decision of 29 November 2022, KZR 42/20, Schlecker. The BGH’s press release can be found here.) the Federal Court of Justice (BGH) dealt with claims by a drugstore chain against manufacturers for damages on the grounds of excessive prices. In (...)
The German Federal Court of Justice extends the factual presumption of damages to anticompetitive information exchange to give a further boost to victims’ claims against cartels (KWR working group)
Dirty laundry in the “KWR” working group
A total of 15 manufacturers of branded drugstore products were involved in the so-called drugstore products cartel. From at least 2004 to 2006, they regularly informed each other about (planned) gross price increases and the status of negotiations (...)
The Norwegian Competition Authority fines five publication houses operating in the Norwegian book market for exchanging commercial information (Gyldendal, Cappelen Damm, Vigmostad & Bjørke and Aschehoug)
Five operators in Norwegian book market fined 545 million NOK*
The Norwegian Competition Authority is imposing fines to the total amount of 545 million NOK on Norway’s four biggest publishing houses and the provider of the database Bokbasen for being in breach of the Competition Act. These (...)
The German Federal Court of Justice roundly rejects claims that cartel behaviour was ’harm-free’, which would have allowed the cartelists to avoid a presumption of injury, and declares the behaviour constituted a hardcore infringement (Schlecker)
In several jurisdictions, claimants’ burden of proof for the existence of injury is a major hurdle to traditional cartel damage claims. To avoid a presumption of injury under the settled case law of the German Federal Court of Justice (Bundesgerichtshof, (“BGH”) for hard-core cartels, (...)
The Australian Competition Authority receives court-enforceable remedies from a turf breeder to address concerted practices concerns (Lawn Solutions Australia Group)
Turf breeder to address concerted practices concerns*
Turf breeder Lawn Solutions Australia Group Pty Ltd (LSA) has provided a court-enforceable undertaking to address ACCC concerns that LSA may have engaged in a concerted practice by communicating with turf growers and resellers about the (...)
The Brazilian Competition Authority fines 3 companies and 13 individuals for a cartel in the sodium silicate market (Manchester Química / Unaprosil / Perquímia)
CADE fines over 60 million reais for a cartel in the sodium silicate market*
The authority fined companies and individuals for the anticompetitive conduct
In the hearing of 9 November, the Administrative Council for Economic Defense (CADE) convicted the companies Manchester Química, (...)
The Spanish Competition Authority cooperates with the Portuguese Competition Authority to investigate several wood chip suppliers over a potential information sharing cartel
The CNMC and the Portuguese competition authority (AdC) investigate several wood chip suppliers.* Competing companies allegedly shared the market in Spain and Portugal and exchanged sensitive information. These practices are prohibited by Article 101 of the Treaty on the Functioning of the (...)
The Polish Competition Authority fines 16 basketball clubs and the basketball league for conspiring to reduce player wages due to COVID-19-related match cancellations (BM Slam Stal / Gdyński Klub / Gliwickie /...)
Basketball clubs violated competition - decision of President of UOKiK* The joint arrangements of the basketball clubs to terminate their cooperation with the players represented an agreement restricting competition. The UOKiK President Tomasz Chróstny imposed nearly PLN 1 million in penalties (...)
The Portuguese Competition Authority cooperates with their Spanish counterpart to conduct dawn raids as part of an investigation into a potential wood chip cartel
Portuguese and Spanish Competition Authorities conduct unannounced inspections*
The Portuguese Competition Authority (AdC) and the Spanish CNMC carried out simultaneous unannounced inspections in Spanish territory, at an intermediary company active in the wood chip business.
Both (...)
The Polish Competition Authority fines 16 basketball clubs and the national league for exchanging commercially sensitive information and colluding to terminate player contracts during the COVID-19 pandemic (BM Slam Stal / Gdyński Klub / Gliwickie /...)
In December 2022, the Polish Competition Authority (Polish: Prezes Urzędu Ochrony Konkurencji i Konsumentów (“UOKiK”)) (the “PCA”) published the non-confidential version of its decision imposing fines on 16 basketball clubs (the “Clubs”) and the national basketball league (the “League”) for (...)
The US DoJ cracks down on potentially unlawful interlocking directorates which leads to 7 board resignations across 5 companies
On 19 October 2022, the Antitrust Division of the US Department of Justice (the Division) announced that seven directors have agreed to resign from the boards of directors of five companies in response to the Division’s “competition concerns” related to the Clayton Act’s prohibition on (...)
The US DoJ carries out first large-scale crackdown on potentially unlawful interlocking directorates which leads to 7 board resignations across 5 tech companies
On Wednesday, October 19, 2022, the Department of Justice Antitrust Division (DOJ) announced that seven directors resigned from their board positions because of DOJ’s concerns that holding the positions violated the Clayton Act’s prohibition on interlocking directorates. Discussed more fully (...)
The EU Commission adopts Guidelines on collective agreements by solo self-employed people
Antitrust: Commission adopts Guidelines on collective agreements by solo self-employed people*
The European Commission has adopted today its Guidelines on the application of EU competition law to collective agreements (‘Guidelines’) regarding the working conditions of solo self-employed (...)
The Brazilian Competition Authority fines six firms and 35 individuals for anticompetitively exchanging information on hiring practices in the healthcare industry
CADE signs agreements in case in the market of hired labour in healthcare industry*
A total of six firms and 35 individuals are to pay more than BRL 34 million in financial contributions
The Administrative Council for Economic Defense (CADE) signed six Cease and Desist Agreements with (...)
The Austrian Competition Authority fines a construction cartel €26.33M for illegal price fixing, market divisions and the exchange of information with competitors for construction tenders (HABAU Group)
Construction cartel: HABAU fine set at EUR 26.33 million*
Four companies from the HABAU group of companies have admitted participating in the construction cartel and fully acknowledged the infringement. The Austrian Federal Competition Authority (AFCA) and the Federal Cartel Prosecutor had (...)
The Austrian Competition Authority applies to fine the first company in its investigation of the facade construction industry for price fixing, market sharing, and exchange of competitively sensitive information (NFS Bau)
Facade construction: AFCA files application to have first company fined*
In the course of its investigations into the facade construction industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 25 August 2022 to fine one of the (...)
The Norwegian Competition Authority closes investigation against an industry association for possible exchange of market sensitive information
Closes investigation against industry association*
The Norwegian Competition Authority has been investigating an industry association for possible anticompetitive behaviour since 2020. After an overall assessment of the available facts, the Authority has now decided to close the (...)
The Turkish Competition Authority refuses to grant negative clearance to sharing of market information amongst ceramic sanitary ware manufacturers and ceramic tile manufacturers (Ceramic Sanitary Ware Manufacturers Association / Ceramic Tile Manufacturers Association)
The Board Decision concerning the request that a negative clearance/exemption be granted to the collection and sharing of certain information about the activities of Ceramic Sanitary Ware Manufacturers Association and Ceramic Tile Manufacturers (20.08.2020) (23.8.2022)*
As a result of the (...)
The Latvian Competition Authority fines three construction companies for an anticompetitive bid rigging cartel, with two fines reduced for cooperating with the Authority (PK Serviss / Koro Būve / Tavs Laikmets)
The Competition Council fines three construction companies for prohibited agreements in procurement organized by a private contracting entity*
On August 4, the Competition Council of Latvia (the CC) adopted a decision, detecting a prohibited agreement between three construction companies on (...)
The Austrian Competition Authority applies to the Cartel Court to review its ruling on a recent construction cartel following new evidence which may vitiate the award of leniency (STRABAG)
Construction cartel: AFCA applies for review of STRABAG decision by Cartel Court*
By decision of 21.10.2021 (27 Kt 12/21y), the Cartel Court imposed a fine of EUR 45.37 million on two companies of the STRABAG Group (STRABAG) for infringement of section 1 (1) of the Austrian Cartel Act (...)
The US DOJ files a lawsuit alleging that the tournament system of determining the pay for poultry processors constitutes an abusive exchange of information (Cargill / Jonathan Meng / Sanderson Farms / Wayne Farms)
Justice Department Files Lawsuit and Proposed Consent Decrees to End Long-Running Conspiracy to Suppress Worker Pay at Poultry Processing Plants and Address Deceptive Abuses Against Poultry Growers*
Decree Provisions Would Stop the Exchange of Compensation Information, Ban President of Data (...)
The EU Commission sends a Statement of Objections to two ethanol producers over alleged benchmarking cartel (Alcogroup / Agroetanol)
Antitrust: Commission sends Statement of Objections to Alcogroup and Agroetanol over alleged ethanol benchmarks cartel*
The European Commission has informed Alcogroup S.A. and its subsidiary Alcodis S.A. (together ‘Alcogroup’) as well as Lantmännen ek för and its subsidiary Lantmännen (...)
The Spanish Competition Authority fines construction companies €203.6M for altering the competitive process in infrastructure construction tenders for more than 25 years (Acciona Construcción / Dragados / FCC Construcción / Ferrovial Construcción / Obrascón Huarte Lain / Sacyr Construcción)
The CNMC has fined 6 of the main construction companies in Spain 203.6 million euros for altering the competitive process in infrastructure construction tenders for more than 25 years The sanctioned companies are: Acciona Construcción S.A., Dragados S.A., FCC Construcción, Ferrovial (...)
The EU Commission accepts commitments by a professional association of Irish insurers to ensure access to its data sharing platform (Irish Insurance)
Antitrust: Commission accepts commitments by Insurance Ireland to ensure access to its data sharing platform*
The European Commission has made commitments offered by Insurance Ireland, an association of Irish insurers, legally binding under EU antitrust rules. Insurance Ireland must ensure (...)
The EU Court of Justice partially annuls the decision of the Commission but upholds the amounts of the fines imposed for the optical disk drives cartel (Optical Disk Drives Cartel)
Cartel on the market for optical disk drives: the Court partially annuls the decision of the Commission but upholds the amounts of the fines imposed*
The Commission failed to satisfy its obligation to state reasons by finding that, in addition to their participation in a single and (...)
The EU Court of Justice partially annuls the Commission decision in an anticompetitive tender agreement case in the optical disk drive market but upholds the amounts of fines imposed (Optical Disk Drives Cartel)
On 16 June 2022, the Court of Justice of the European Union (“ECJ”) issued four judgments in which it partially annulled earlier judgments of the General Court, which had upheld the 2015 Commission Decision in relation to the optical disk drives (“ODDs”) cartel case. In that case, the (...)
The Turkish Administrative Court Ankara annuls the Competition Authority’s decision to impose an administrative monetary fine on a chemical supplier stating that the standard of proof has not been met (Hicri Ercili)
The Ankara 9th Administrative Court (“Administrative Court”) annulled the decision of the Turkish Competition Board (“Board”) where an administrative fine of TL 11,214,051.26 was imposed on Hicri Ercili Deniz Nakliyat Kimyevi Maddeler San. ve Tic. Ltd. Şti.) (“Hicri Ercili”), a supplier of the (...)
The Turkish Competition Authority issues final decision regarding the investigation of a petroleum company for price fixing and other anticompetitive infringements (Kınık Maden Suları)
Pronouncement of the Final Decision Regarding the Investigation about Kınık Maden Suları AŞ According to Article 49 of the Act no 4054 on the Protection of Competition (26.5.2022)*
Within the scope of the investigation conducted per the Competition Board decision dated 24.02.2022 and (...)
The Turkish Competition Authority issues final decision in the investigation regarding the price fixing infringement of an oil and gas company (Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret)
Pronouncement of the Final Decision Regarding the Investigation concerning Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret AŞ According to Article 49 of the Act no 4054 on the Protection of Competition (26.5.2022)*
Within the scope of the investigation (...)
The Turkish Competition Authority issues first decision where leniency and settlement procedures are implemented together (Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret / Kınık Maden Suları)
The First Decision where Leniency and Settlement Procedures are Implemented Together (25.5.2022) The investigation concerning Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret A.Ş. and Kınık Maden Suları A.Ş. was concluded. (26.5.2022)*
The investigation (...)
The Brazilian Competition Authority fines two companies and five individuals for anticompetitive conduct in the resin market (Royal Química / Cempre Apoio Educacional)
Cartel in the resin market is fined 46.8 million reais*
The authority convicted two companies and five individuals for the anticompetitive conduct
On 23 March 2022, the Administrative Council for Economic Defense (CADE) convicted the firms Royal Química and Cempre Apoio Educacional, in (...)
The European Competition Network considers that companies may need to cooperate to mitigate the effects of the Russo-Ukrainian war and the EU Commission adopts a Temporary Crisis Framework permitting more State aid
Russian invasion of Ukraine prompts ECN guidance on application of EU competition rules and European Commission’s adoption of State aid crisis framework
The Russian invasion of Ukraine on 24 February 2022 has prompted European competition enforcers to reassess the application of the EU (...)
The Spanish Competition Authority imposes fines totalling €24M on 3 steel companies for disclosing information about prices, exchanging information about third party prices and sharing data on the technical shutdowns of their facilities (Balboa / Sidenor / ArcelorMittal)
The CNMC fines three steel companies 24 million euros for two very serious infringements in the scrap purchase market in Spain* The companies disclosed information to one another regarding the prices they would offer to iron scrap suppliers. In addition, they shared data on the technical (...)
The Polish Competition Authority finds that the exchange of information between pharmaceutical wholesalers may have restricted competition in the market and resulted in higher prices for consumers in pharmacies
Data exchange between pharmaceutical wholesalers - charges presented by the President of UOKiK* The exchange of information between pharmaceutical wholesalers may have restricted competition in the market and resulted in higher prices for consumers in pharmacies. Through specialised IT tools, (...)
The EU Commission invites comments on draft revised rules on horizontal cooperation agreements between companies
Antitrust: Commission invites comments on draft revised rules on horizontal cooperation agreements between companies*
The European Commission has launched today a public consultation inviting all interested parties to comment on two draft revised Horizontal Block Exemption Regulations on (...)
The EU Commission publishes for consultation two draft revised horizontal block exemption regulations on research & development and specialisation agreements, as well as draft revised horizontal cooperation guidelines
On 1 March 2022, the European Commission ("EC") published for consultation two draft revised horizontal block exemption regulations ("HBERs") on research & development ("R&D") and specialisation agreements, as well as draft revised horizontal cooperation guidelines ("Horizontal (...)
The Italian Competition Authority fines three regional providers of public sector uniforms €36K for bid rigging (Galleria / Gim / Orsi)
The Italian Competition Authority finds a bid rigging practice in the market for professional clothing*
The Italian Competition Authority (ICA) has recently closed its antitrust enquiry opened in the Professional Work Wear case issuing an infringement decision. It found three suppliers of (...)
The EU Commission seeks feedback on commitments offered by an Irish insurers’ association concerning access to its data sharing platform (Insurance Ireland)
Antitrust: Commission seeks feedback on commitments offered by Insurance Ireland concerning access to its data sharing platform*
The European Commission invites comments on commitments offered by Insurance Ireland, an association of Irish insurers, to address competition concerns regarding (...)
The Australian Competition Authority authorises cooperation in the retail goods supply chain for the West and North of the country due to flooding in the South
ACCC authorises cooperation in retail goods supply chain to WA and NT*
The ACCC has granted an urgent interim authorisation permitting the cooperation and sharing of information by companies in the supply chain to ensure critical retail goods, including food supplies, are able to reach (...)
The German Competition Authority imposes fines on manufacturers of modular expansion joints for bridges involved in a quota cartel (Maurer / Mageba)
Fines imposed on manufacturers of modular expansion joints for bridges involved in a quota cartel*
The Bundeskartellamt has imposed fines totalling around 7.3 million euros on two manufacturers of modular expansion joints (expansion joint systems for road bridges) for engaging in an illegal (...)
The EU Commission publishes new draft guidance with regard to exchange of information related to dual distribution
The European Commission has published a new draft guidance with regard to exchange of information related to dual distribution. This draft guidance provides valuable dos and don’ts for companies concerning the information exchange in a dual distribution scenario. Any company dealing with dual (...)
The EU Commission reviews its guidelines on vertical restraints within the broader context of the review of the Vertical Block Exemption regulation
The European Commission (“Commission”) is currently reviewing its Guidelines on Vertical Restraints (“Vertical Guidelines”) within the broader context of the review of the Vertical Block Exemption Regulation (“VBER”) and consulted on its proposals last year. It has now launched a further (...)