This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. It could be said that exchange of information is one of the few areas in which the decisional practice of certain National Competition Authorities ("NCAs") is more developed than that of the European Commission (the "Commission"). Partly to fill that void and to (...)
Exchange of information
Anticompetitive practices
The French Competition Authority fines 12 manufacturers for cartel in the ham and cold meat sector (Charcuterie cartel)
The Autorité hands out fines worth 93 million euros to a cartel in the ham and cold meats (charcuterie) sector*
The manufactures involved (“cold meat manufacturers”) worked in concert in order to purchase cuts of ham from slaughterhouses at lower prices and/or were fixing the price increases for (...)
The Mexican Competition Authority opens a public consultation on draft modifications to the guidelines for the exchange of information between economic agents
Public Consultation on the Draft Modifications to the Guidelines for the Exchange of Information Between Economic Agents*
Pursuant to articles 28, paragraphs 14th and 20th, section VI, of the Political Constitution of the United Mexican States; articles 12, section XXII, last paragraph, (...)
The US DoJ allows an association of competing production companies to operate an online platform for offering their services with safeguards in place to avoid potential for anticompetitive conduct (Association of Independent Commercial Producers)
Justice Department Issues Business Review Letter to the Association of Independent Commercial Producers*
The Department of Justice announced today that it will not challenge a proposal by the Association of Independent Commercial Producers (AICP) to operate an online platform for advertisers (...)
The Lithuanian Competition Authority opens investigation into a suspected anticompetitive agreement among national basketball league and individual basketball clubs and warns similar agreements are not justified by the COVID-19 health emergency (Lithuanian Basketball League) Free
KONKURENCIJOS TARYBA LAUNCHES INVESTIGATION INTO SUSPECTED ANTI-COMPETITIVE AGREEMENT AMONG LITHUANIAN BASKETBALL LEAGUE AND BASKETBALL CLUBS*
The Lithuanian competition authority Konkurencijos taryba has launched an investigation into a suspected anti-competitive agreement among the (...)
The Chilean Supreme Court upholds a landmark decision by the Competition Tribunal condemning the country’s three largest supermarkets for conspiracy in fixing minimum resale prices of poultry (Walmart / Cencosud / SMU)
The Chilean Supreme Court recently upheld a landmark decision by the Competition Tribunal (“TDLC”) in Fiscalía Nacional Económica en contra de Cencosud S.A. y otras, Rol C-304-2016, condemning the country’s three largest supermarkets chains for having engaged in a conspiracy to fix minimum resale (...)
The EU Commission publishes its first comfort letter to foster cooperation among businesses in the pharmaceutical sector during COVID-19 pandemic Free
The European Commission published its first comfort letter in nearly 20 years on April 29, in an effort to foster cooperation among businesses during the coronavirus (COVID-19) pandemic. Here is what companies should know about the specific practices permitted under the comfort letter, as well (...)
The Mexican Competition Authority warns the National Association of Real Estate Developers to avoid possible agreements between competitors during the COVID-19 pandemic (ADI Mexico) Free
COFECE warns the National Association of Real Estate Developers to avoid possible agreements between competitors in this market* The Association has promoted among its members the granting of discounts to tenants, which could infringe the LFCE if these discounts are established or fixed (...)
The UK Government publishes an order to the Competition Act in order to exclude certain arrangements in the healthcare sector to tackle the COVID-19 pressures Free
Healthcare providers - suspension of competition law provisions to tackle coronavirus pressures*
To ensure that healthcare providers can work together effectively to tackle the coronavirus pandemic, an order has been made to exclude certain arrangements within the healthcare sector from (...)
The French Competition Authority imposes fines totalling €462,000 on five moving companies operating in the French overseas territories for colluding in the provision of moving services to the French Army (AGS Réunion / Océan Indien / DEM Austral Transdem / T2M)
On 23 March 2020, the French Competition Authority (“FCA”) imposed fines totalling € 462,000 on five moving companies operating in the French overseas territory of Réunion for having colluded in the provision of moving services to the French army between Réunion and the French mainland. The (...)
The UK Government and the Competition Authority adopt two recent measures against shortages and high prices during the COVID-19 outbreak Free
The rapid spread of COVID-19 in the United Kingdom and the measures being implemented to counter the disease have resulted in an unprecedented surge of consumer demand for groceries and other essential supplies. Safeguarding consumers against shortages and high prices is at the heart of two (...)
The Mexican Competition Authority issues its new regulatory provisions of the leniency and immunity program
COFECE issues Regulatory Provisions of the Leniency and Immunity Program*
The Regulatory Provisions are legally binding and aimed at providing tat providing greater legal certainty on procedures related to the Leniency and Immunity Program
Mexico City, March 4, 2020.- The Mexican Federal (...)
The UK Competition Appeals Tribunal rules on which part of the EU Commission’s settlement decision is binding on a defendant and that it is an abuse of process for defendants to deny in follow-on damage claim findings that are contained in settlements (DAF Trucks)
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an abuse (...)
The UK Competition Authority fines four pharmaceutical companies a total of £3,4 million for breaching competition law in relation to the supply of the antidepressant drug for market sharing and exchanging sensitive information (King Pharmaceuticals / Auden Mckenzie / Lexon / Alissa Healthcare)
On 4 March 2020, the UK’s Competition and Markets Authority (“CMA”) fined four pharmaceutical companies a total of £ 3.4 million for breaching competition law in relation to the supply of the antidepressant drug nortriptyline. The companies involved in the infringement were King Pharmaceuticals, (...)
The Peruvian Competition Authority initiates a proceeding against construction companies and their executives for bid-rigging in the construction sector (Altesa Contratistas Generales)
Indecopi has initiated an administrative sanctioning proceeding against 35 construction companies and 28 of their executives for an alleged liability of participating in bid rigging in 112 public tenders nationwide in the construction sector*
The 112 tenders were convened by the Ministry of (...)
The Indian Competition Authority rules that the conduct of a bidder who hires proxy bidders is not anti-competitive (Plasser / Harbour Sales)
Recently, Competition Commission of India (CCI) in the case of Plasser India v. Harbour Sales Private Limited., (Plasser India case) decided that a mere possibility of potential collusion based on common ownership of agents in a bid does not show anti-competitive conduct thereby not leading to (...)
The Italian Council of State reverses a banking cartel decision on account of the negligible competition impact (Raiffeisen)
Determining the appeal claims lodged in the Raiffeisen case, the highest administrative court or Council of State (hereinafter the Court) has reversed a previous infringement decision made by the Italian Competition Authority (ICA). The Court found that the contested restrictive business (...)
The Danish High Court finds two companies guilty of exchanging prices and coordinating tenders on several construction contracts (Jorton / Skjøde Knudsen)
On 7 January 2020, the Danish High Court (“High Court”) found the two construction groups, Jorton A/S and H. Skjøde Knudsen A/S, guilty of having infringed the Danish Competition Act by exchanging prices and coordinating tenders on several construction contracts.
The High Court found that the two (...)
The Danish High Court fines two companies for bid rigging in the construction sector (Jorton / H. Skjøde Knudsen)
THE HIGHT COURT FINES TWO CONSTRUCTION COMPANIES FOR BID RIGGING *
The High Court has fined the construction companies Jorton A/S and H. Skjøde Knudsen A/S respectively DKK 3,000,000 (€ 401,442) and DKK 267,628 (€ XXX) for bid rigging. Two members of the managements were fined respectively DKK (...)
The Hungarian Competition Authority fines €4.8 million undertakings for sharing EU-funded public procurement tenders for diagnostic imaging equipment (GE Hungary / Premier G / Euromedic Technology)
The Hungarian Competition Authority (’’GVH’’) fined several undertakings which were found to have shared amongst themselves the EU-funded public procurement tenders for diagnostic imaging (MRI, CT and X-ray) equipment in Hungary in 2015. The total fine amounts to EUR 4.8 million, with GE Hungary (...)
The Spanish Competition Authority opens investigation into potential anticompetitive practices in the maritime transport of passengers and vehicles in the South of Spain (Algeciras / Ceuta)
The Spanish Competition and Markets Authority, CNMC, is investigating whether a number of companies active in maritime transport between Algeciras and Ceuta may be in breach of article 1 of the Spanish Competition Act (‘LDC’) and article 101 of the Treaty on the Functioning of the EU (‘TFEU’). (...)
The French Competition Authority fines meal vouchers issuers for anticompetitive practices taking the form of information exchange, market sharing and price-fixing (Edenred France / Up / Natixis Intertitres / Sodexo Pass France)
The Autorité de la concurrence fines the four historical meal vouchers issuers for a total of nearly 415 M€, for anticompetitive practices*
Background
The Autorité has been informed of anti-competitive practices in the meal vouchers sector by the company Octoplus (Resto Flash), which offers a (...)
The German Competition Authority fines steel manufacturers for collusion and exchange of sensitive information (ThyssenKrupp)
According to a press release of the German Federal Cartel Office (“FCO”) dated 12 December 2019, the FCO fined steel manufacturers ThyssenKrupp, Ilsenburger Grobblech and Voestalpine Grobblech, as well as three individuals, a total amount of approximately € 646 million for exchanging sensitive (...)
The German Competition Authority fines car makers for steel purchasing cartel (BMW / Daimler / Volkswagen)
According to a press release of the German Federal Cartel Office (“FCO”) dated 21 November 2019, car manufacturers BMW, Daimler and Volkswagen were fined a total amount of approximately € 100 million for their involvement in a steel purchasing cartel between 2004 and 2013. The anticompetitive (...)
The UK Competition Authority fines three construction companies for price-fixing, market sharing and exchange of information (Stanton Bonna Concrete / CPM / FP McCann)
Construction firms fined £36 million for breaking competition law*
The CMA has issued 3 firms with fines totalling more than £36 million for breaking competition law in supplying certain concrete drainage products for building projects.
Following an investigation by the Competition and Markets (...)
The Brazilian CADE recommends closing an administrative inquiry which investigates potential anticompetitive conducts in the transmission of sensitive information among competitors in the payment market
On October 14, CADE’s General Superintendence (GS) recommended closing an administrative inquiry investigating potential anticompetitive conduct. Such conduct consisted of the transmission of sensitive information among competitors in the payments market.
More specifically, the investigation (...)
The Belgian Competition Authority issues a guide on the exchange of information in the framework of professional association
Guide on the exchange of information in the framework of professional association*
After completing the public consultations, the Board of the Belgian Competition Authority (BCA) has adopted on the 1st of October 2019 a guide on the exchange of information in the framework of professional (...)
The Portuguese Competition Authority fines 14 banks for exchange of information (BBVA / BIC / BPI / BCP ...)
AdC imposes a fine of 225 million euros to 14 banks
The Portuguese Competition Authority (Autoridade da Concorrência - AdC) fined 14 banks in the total amount of 225 million euros in connection with the concerted practice of exchanging sensitive commercial data, during a period of more than ten (...)
The Danish Competition Authority informs that an association of camera distributors accepts fine for price coordination and information exchange (Team DS)
Denmark: ”Team DS a.m.b.a., Denmark, accepts fine for price coordination and information exchange”*
On 6 August 2019, the Danish association of camera distributors Team DS a.m.b.a. accepted to pay a fine of DKK 1,300,000 (€ 174,300) for coordination of prices and information exchange between the (...)
The Competition Commission of India fines companies for bid rigging regarding a tender for the selection of an agency to carry-out tree census (Nagrik Chetna Manch / SAAR / CADD / Pentacle / Pune)
The Competition Commission of India (CCI) recently found that SAAR IT Resources Private Limited (OP 1), CADD Systems and Services Private Limited (OP 2) and Pentacle Consultants (I) Private Limited (OP 3), collusively manipulated the process of bidding, by rigging the bids for the tender (...)
The Spanish Competition Authority publishes a new ruling on the dairy sector cartel and imposes fines on companies and two trade associations amounting to €80.6 million (Industrias Làcteas 2)
On 26 February 2015, the Spanish Competition Authority (“CNMC”) handed nine companies and two trade associations that operated in the dairy sector fines of EUR 88 million. These fines were annulled by the Spanish High Court in October/November 2018 after the Spanish Supreme Court declared that a (...)
The Spanish Competition Authority fines eight companies that operate in the raw milk market for entering into an anticompetitive information exchange agreement (Industrias Lácteas 2)
On 12 July 2019, the CNMC found that the main milk producers had entered into anticompetitive information exchanges (at the national and regional level) on raw cow milk purchase prices and volumes purchased from farmers and milk suppliers.
Altogether, the fines amount to €80.6 million. The said (...)
The Turkish Competition Authority grants an exemption to an electronic refuel and information system bringing together fuel distributors and to end-users in a two-sided market (Platform Aracılık / Danışmanlık)
Background
The Turkish Competition Board (“Board”) has recently published its reasoned decision on an exemption application by Platform Aracılık ve Danışmanlık Ltd. Şti. (“Platform Aracılık”) regarding its sample agreements (hereinafter referred to as the “Agreement”) with five fuel distributors (“Fuel (...)
The UK Competition Authority provisionally finds that four pharmaceutical companies broke competition law by fixing the quantities and the prices of an anti-depressant drug (Auden Mckenzie / King / Alissa / Lexon)
Suppliers of antidepressants accused of illegal anti-competitive conduct*
The CMA has provisionally found that 4 pharmaceutical companies broke competition law in relation to the supply of an anti-depressant drug.
The Competition and Markets Authority (CMA) has accused competitors King and (...)
The Spanish Competition Authority fines non-university textbook publishers and an association for allegedly creating a mechanism to coordinate commercial policies and terms and conditions of trade (ANELE)
The NMCC has declared that the association ANELE and all the publishers under investigation have breached Article 1 SCA and Article 101 TFEU, in relation to (i) the adoption and implementation of ANELE’S Code of Conduct (CoC), which restricted promotional activities; and (ii) digital books, due (...)
The Spanish Supreme Court confirms the Competition Authority’s decision in fining a company for agreements and exchange of strategic information on prices (Repsol)
The Spanish Supreme Court has confirmed the penalty against Repsol for anticompetitive practices consisting in agreements and exchange of strategic information on the prices of fuel in Spain.
In the judgement, the Supreme Court has upheld the claims of the State Attorney (central government (...)
The EU Commission imposes fines totalling over € 1 billion on banks for their involvement in two separate cartels in the spot foreign exchange markets (Barclays / RBS / Citigroup / JPMorgan / MUFG)
On 16 May 2019, the European Commission adopted two decisions under its cartel settlement procedure, in which it imposed fines totalling € 1.07 billion on five banks for their involvement in two separate cartels on the spot foreign exchange markets for eleven currencies. The banks involved in (...)
The EU Commission fines five banks for participating in foreign exchange spot trading cartel (Barclays / RBS / Citigroup / JPMorgan / MUFG)
Antitrust: Commission fines Barclays, RBS, Citigroup, JPMorgan and MUFG €1.07 billion for participating in foreign exchange spot trading cartel*
In two settlement decisions, the European Commission has fined five banks for taking part in two cartels in the Spot Foreign Exchange market for 11 (...)
The Danish City Court of Hillerod fines a demolition company for exchanging prices with a competing company in four cases (Nedrivningsaktieselskabet J. Jensen)
Denmark: Demolition Company fined DKK 1 million in bid rigging case*
The City Court of Hillerød has fined the demolition company Nedrivningsaktieselskabet J. Jensen DKK 1 million for exchanging prices with a competing demolition company in four cases. Moreover, the City Court fined two members (...)
The Turkish Competition Authority fines ship operators for price fixing cartels (Tramola / Kale)
Upon a complaint, the Turkish Competition Board (TCB) found information exchanges on future prices between certain ro-ro ship operators and following a thorough investigation, imposed administrative monetary fines on five ro-ro ship operators active in Turkey’s Ambarlı region for two price fixing (...)
The Estonian Competition Authority opens criminal proceedings to investigate a possible restriction of competition in the agricultural equipment market
Authority conducts criminal proceedings for investigating a possible restriction of competition in companies selling agricultural equipment*
In the framework of a criminal case concerning a possible restriction of competition, the Competition Authority carried out searches at the premises of (...)
The Spanish Competition Commission fines tobacco manufacturers for an anticompetitive exchange of strategic information (Philip Morris / Altadis / JT International Iberia / Logista)
The Spanish National Markets and Competition Commission (NMCC) has fined Spain’s main tobacco manufacturers, Philip Morris, Altadis, JT International Iberia, as well as wholesaler Logista for an anticompetitive exchange of strategic information. Logista facilitated immediate access to its daily (...)
The Turkish Competition Authority finds exchange of informations and supply restrictions from nine undertakings during an investigation in the Poultry sector (Investigation in the Poultry Sector)
The Turkish Competition Authority (“TCA”) has concluded its full-fledged investigation regarding a total of 20 undertakings operating in the poultry sector. In its decision dated 13.03.2019 and numbered 19-12/155-70, the TCA held that the following 9 undertakings violated Article 4 of the Law No. (...)
The Turkish Competition Authority initiales a full-fledged investigation on the Turkish poultry sector and concludes that sector specific justifications are not enough to prevent violations (BESDBIR)
ASSESSMENT OF INFORMATION EXCHANGE FINES UNDER TURKISH COMPETITION LAW REGIME: SECTOR SPECIFIC JUSTIFICATIONS MAY NOT BE ENOUGH TO PREVENT THE VIOLATIONS !*
Competition law, at its core, is a case law based practice. The natural habitat of enforcement for competition rules is the consolidation (...)
The Danish Competition Authority fines several plumbing companies and three managers for bid rigging (Christoffersen & Knudsen)
Plumbing company and management members from several plumbing companies pay fines in settlements for bid rigging*
The plumbing company Christoffersen & Knudsen A/S and three members from the management in this and two other plumbing companies have entered into settlements with the Danish (...)
The EU Commission fines car safety equipment suppliers for illegal information exchanges (Takata / Autoliv / TRW)
Antitrust: Commission fines car safety equipment suppliers € 368 million in cartel settlement*
The European Commission has fined Autoliv and TRW a total of € 368 277 000 for breaching EU antitrust rules. Takata was not fined as it revealed the cartels to the Commission.
The companies took part (...)
The EU Commission imposes fines totalling € 368 million on car safety equipment suppliers in cartel settlement decision (Takata / Autoliv / TRW)
On 5 March 2019, the European Commission (the “Commission”) announced that it had imposed total fines of € 368,277,000 on two car safety equipment suppliers, Autoliv and TRW, for their involvement in two cartels concerning the supply of car seatbelts, airbags and steering wheels to European car (...)
The UK FCA issues its first antitrust decision and fines several companies for sharing strategic information during an initial public offering (Hargreave / Newton / RAMAM)
The U.K. Financial Conduct Authority (FCA) has issued its first antitrust decision since obtaining competition law powers four years ago. The decision is a controversial one. It sets the FCA up as a strict enforcer on the type of information that competing investors can share when making (...)
The UK FCA issues its first formal decision under its competition law enforcement powers by finning three asset management firms in an IPO context (Hargreave / Newton / RAMAM)
On 21 February 2019, the Financial Conduct Authority (FCA) issued a decision finding that three asset management firms breached competition law in the context of an initial public offering (IPO). This marks the FCA’s first formal decision under its competition law enforcement powers, which it (...)
The UK FCA fines companies sharing strategic information on a bilateral basis during an initial public offering (Hargreave / Newton / RAMAM)
On 21 February, the UK Financial Conduct Authority (the “FCA”) found that Hargreave Hale Ltd (“Hargreave Hale”), Newton Investment Management Limited (“Newton”), and River and Mercantile Asset Management LLP (“RAMAM”) had breached competition law by sharing strategic information on a bilateral basis (...)
The UK Court of Appeal upholds the UK Competition Authority’s fining and confirms that a single exchange of pricing information is sufficient for a "by object" infringement (Balmoral)
ONE-TIME INFORMATION EXCHANGE SUFFICIENT – A RECENT REMINDER IN THE UK*
The UK’s Competition and Markets Authority (“CMA”) recently welcomed the Court of Appeal’s dismissal of a challenge brought against a decision of the Competition Appeal Tribunal (“CAT”) by Balmoral, a supplier of steel water (...)
The Italian Competition Authority finds two anti-competitive agreements in the market for the provision of fire prevention services (Wood Firefighting Services)
In the recent Wood Fire Service case, the Italian Competition Authority (ICA) has found two anti-competitive agreements put in place by several players in the market for the provision of wood fire prevention services. The first anti-competitive agreement took the shape of a bid rigging practice (...)
The Competition and Consumer Commission of Singapore fines hotels for exchanging commercially sensitive information (Capri / Village Hotels / Crowne Plaza)
Finding of Single Economic Entity in the Competition and Consumer Commission of Singapore’s infringement decision against 4 competing hotels for the exchange of commercially sensitive corporate customer information between competing hotels in Singapore.
On 30 January 2019, the CCCS issued its (...)
The Indian Competition Authority fines 2 sellers of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Godrej / Boyce)
CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel*
The Competition Commission of India (“CCI/ Commission”), by way of order dated 15.01.2019, has imposed a penalty of INR 85,01,364/-on Godrej and Boyce manufacturing Co. Limited (“Godrej”) for acting in (...)
The Italian Council of State confirms that the Italian Competition Authority wrongly established a bid rigging practice in the medical sector (Alliance / Siemens / Philips / Toshiba / AGCM)
By its recent judgment in Magnetic Resonance Imaging Scanners (MRI Scanners) the Italian Council of State uphold on appeal the judgement previously handed down by the Regional Administrative Court of Latium (TAR Latium). The TAR Latium set aside a decision made by the Italian Competition (...)
The Danish Competition Appeal Tribunal confirms fines imposed to members of an association of camera distributors for participating in anticompetitive agreements
Anti-competitive agreement/decision in an association of camera distributors*
The Danish Competition Appeal Tribunal has upheld a decision taken by the Danish Competition Council (DCC) that a horizontal cooperation agreement/decision among more than 50 independent camera distributors, who are (...)
The Italian Competition Authority finds a cartel in the market for car hire purchase and imposes a record fine of €670 millions (Car Finance)
In the Car Finance case the Italian Competition Authority (ICA) has levied a record-breaking fine of overall € 670 million on the participants to a secret cartel affecting the business sector of car hire purchase. The anticompetitive agreement was put in place by several car manufacturers, BMW, (...)
The EU Commission sends a statement of objection to four banks accused of collusion in the bond trading market
Antitrust: Commission sends Statement of Objections in US Dollar supra-sovereign, sovereign and agency bond trading cartel*
The European Commission has informed four banks of its preliminary view that they have breached EU antitrust rules by colluding, in periods from 2009 to 2015, to distort (...)
The Turkish Competition Board determines whether members of the guard rails and road safety systems have violated article 4 of the Law No. 4054 on the Protection of Competition through collusive tendering and bid rigging (Çelik Otokorkuluk)
This case note analyses the Turkish Competition Board’s (“Board”) decision of 22 November 2018 numbered 18-44/702-344 in which the Board assessed the allegations that several undertakings–which are all active in the steel guardrail sector in Turkey and members of the Turkish Association of Steel (...)
The US DoJ announces that three South Korean companies in the market of oil refiners and logistics agreed to plead guilty and to enter into a civil settlement for bid rigging (SK Energy / GS Caltex / Hanjin Transportation)
DOD Bid Rigging Whistleblower and Related Antitrust Division Criminal Cases*
Last week the Antitrust Division announced that three South Korean companies had agreed to plead guilty and to enter into civil settlements for rigging bids on United States Department of Defense Fuel Supply Contracts (...)
The US DoJ reaches settlement with six broadcast television companies and prohibits share of competitive sentitive information in the television spot advertising market (Sinclair Broadcast Group / Raycom Media / Tribune Media Company / Meredith Corporation / Griffin Communications / Dreamcatcher Broadcasting)
THE LATEST: DOJ Reaches Settlement with Six Broadcast Television Companies*
The Department of Justice (DOJ) and six broadcast television companies reached settlements last week after the DOJ claimed that the companies shared competitively sensitive information that allowed the parties to alter (...)
The Indian Competition Authority holds that information exchange is not a standalone violation of the Indian Competition Act (Flashlights cartel)
On 6 November 2018, the Competition Commission of India (CCI) found that four manufacturers/traders of flashlights and their trade association (the Opposite Parties) were not involved in cartelisation as, despite an information exchange, there was not enough corroborating evidence to suggest a (...)
The Indian Competition Authority exonerates parties from allegations of cartelization despite having admitting coordination in the flashlight market (Eveready / Panasonic / Indo National / Geep / AIDCM)
CCI holds that mere information exchange by itself is not anti-competitive, in spite of leniency applications filed*
The Competition Commission of India (”CCI”) by way of an order dated November 6, 2018 has exonerated Eveready Industries India Limited (“Eveready”), Panasonic Energy India Co. Ltd. (...)
The Spanish Competition Authority examines possible price fixing and other vertical restrictions in the animal health products market (Medicamentos Veterinarios)
Background
On 16 September 2014, the National Association for Animal Health (“ASEMAZ-ASA”) filed a complaint before the Spanish Competition Authority (“CNMC”) against several companies active in the animal health products market (“the Companies”) for alleged anti-competitive practices in breach of (...)
The South African Competition Tribunal rejects a tender collusion allegation on the basis that the tender was a sham (Geometry / Vaxiprox)
The Competition Commission of South Africa (the Commission) sought an order from the Competition Tribunal of South Africa (the Tribunal) declaring that two brand activation companies (Geometry Global (Pty) Ltd (Geometry) and Vaxiprox (Pty) Ltd (Vaxiprox)) had colluded on a tender issued by a (...)
The French Supreme Court uses the EU Court of Justice framework to overturn a judgment issued in a cartel of endives producers (Endive cartel)
In the endive cartel case, the French Supreme Court (Cour de casssation) judgement issued 12 September 2018 analyses the relationship between competition law and EU agricultural rules.
In its decision following a preliminary ruling issued by the European Court of Justice (ECJ), the Supreme (...)
The Indian Competition Authority fines seller of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Geep Industries India)
Competition Commission of India (CCI) imposes penalty on Geep Industries for being a member of bilateral “ancillary” cartel*
By way of order dated August 30, 2018, the CCI imposed a penalty of INR 9,64 06,682 (Nine crores sixty-four lakh six thousand six hundred and eight two) on Geep Industries (...)
The US FTC settles civil complaint for wage-fixing against a medical staffing agency (Your Therapy Source)
A recent settlement shows that the US Federal Trade Commission (FTC) will use its enforcement authority to target employer collusion in the labor market.
What Happened
The FTC brought a complaint against a medical staffing agency, Your Therapy Source, LLC, and the owner of a competing (...)
The Indian Company Law Appellate Tribunal (NCLAT) upholds the Indian Competition Authority’s record fine imposed in the cement cartel case (Builders’ Association of India / Cement Manufacturers’ Association)
NCLAT upholds the highest penalty imposed by CCI on cement cartel*
The National Company Law Appellate Tribunal (NCLAT) by way of a judgement dated 25 July 2018 has upheld the penalty imposed by the Competition Commission of India (CCI) on 11 cement companies for cartelization. The CCI in its (...)
The Indian Competition Authority dismisses cartel allegations against 37 suppliers of signaling cables to national railways (North Western Railway / Rajasthan Transformers and Switchgears)
CCI closes allegation of cartel against 37 suppliers of signaling cables to Indian Railways*
The Competition Commission of India (CCI/Commission ) by way of an order dated 12 July 2018 rejected the findings of the Director General (DG) and closed the case against 37 signaling cable (...)
The German Competition Authority fines several steel companies for price-fixing and exchanging information (ArcelorMittal Commercial Long / Cologne / Dörrenberg Edelstahl / Engelskirchen Kind & Co. / Edelstahlwerke / Wiehl / Saarstahl / Völklingen / Schmidt + Clemens / Lindlar and Zapp Precision Metals / Schwerte)
Bundeskartellamt imposes first fines totalling approx. 205 million euros on special steel companies*
The Bundeskartellamt has imposed fines totalling approx. 205 million euros on six special steel companies, a trade association and ten individuals for concluding price-fixing agreements and (...)
The Indian Competition Authority decides its fourth leniency and fines broadcasting service providers for bid-rigging in tenders floated by sports broadcasters (Essel Shyam Communication / Globecast India / Globecast Asia)
CCI decides its fourth leniency, imposes penalty on broadcasting service providers for bid-rigging in tenders floated by Sports Broadcasters*
By way of an order dated 11 July 2018, the Competition Commission of India (CCI) imposed a penalty of INR 22.36 Crore on Essel Shyam Communication (...)
The Danish Competition Authority adopts new guidelines on joint bidding under competition law
New guidelines on joint bidding under competition law*
The Danish Competition and Consumer Authority published new guidelines on how to assess joint bidding under competition law on 25 April 2018. These guidelines are now available in English.
The guidelines address the assessments (...)
The Russian Competition Authority exposes a large cartel of medical products suppliers (RM Endovascula / Raymed Trading Group PVT / Slonika / Exomedic / Vascular / Balticamed / Life Medicine / Inmed)
FAS exposed a large cartel of medical products suppliers*
Moscow OFAS exposed a cartel formed by “RM Endovascular” Ltd., “Raymed Trading Group PVT” Ltd., “SLONIKA” Ltd., “EXOMEDIC” Ltd., “VASCULAR” Ltd., “BALTICAMED” Ltd., “LIFE MEDICINE” Ltd. and “INMED” Ltd. The companies took part in 124 auctions for (...)
The Spanish Competition Authority fines five companies and three of their executives for an information exchange to collude in tenders for the award of institutional advertising contracts (Carat España / Inteligencia y Media / Media by Design / Media Sapiens / Persuade Comunicación)
Five companies (Carat España SAU, Inteligencia y Media SA, Media by Design Spain SA, Media Sapiens Spain SL and Persuade Comunicación) have been sanctioned for a collusive behaviour consisting in the exchange of commercially sensitive information in order to share tenders in the Framework (...)
The Spanish National Markets and Competition Commission fines five companies and three company executives for bid-rigging of public tenders for institutional advertising services (Agencias de Medios)
On 7 May 2018, the NMCC imposed fines amounting to €7.12 million upon five companies: Carat España, S.A.U, Inteligencia y Media, S.A. (YMEDIA), Media By Design Spain, S.A. (MEDIA BY DESIGN), Media Sapiens Spain, S.L. and Persuadé Comunicación, S.A. and three of their managers or legal (...)
The Turkish Competition Board prohibits the publishing of price lists by two professional federations of translators and translation offices (TUÇEF / TURÇEF)
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) TUÇEF and TURÇEF decision (03.05.2018; 18-13/230-105). The Board reviewed the allegations put forward by Berkay Gökçe, a real person, against TURÇEF Yeminli Çevirmenlik Federasyonu (“TURÇEF”) and TUÇEF Uluslararası (...)
The Indian Competition Authority fines battery manufacturers for cartel after a 6-year investigation including 2 leniency applications (Eveready Industries India / Indo National / Panasonic Energy India / Association of Indian Dry Cell Manufacturer)
CCI Penalizes Batter Manufacturers’ Admitted Cartel - Decised Its Second Leniency Case*
Competition Commission of India (CCI) by an order dated 19 April 2018, in its second decision on a leniency application, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency (...)
The Italian Competition Authority clears a horizontal cooperation agreement in the telecommunication sector by a commitment decision (Flash Fiber)
In the Flash Fiber case the Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation into a horizontal cooperation agreement concerning the telecommunication sector. After the implementation of the commitments agreed with the parties, the ICA (...)
The EU Commission fines maritime car carriers and car parts suppliers in three separate cartel cases (MOL / NYK / "K" Line / Wwl-Eukor / Csav, Denso / Bosch / NGK / TRW / Continental)
Antitrust: Commission fines maritime car carriers and car parts suppliers a total of €546 million in three separate cartel settlements*
In three separate decisions, the European Commission has fined four maritime car carriers €395 million, two suppliers of spark plugs €76 million, and two (...)
The Spanish Competition Authority fines four banks for colluding to offer interest rate derivatives at different conditions to those agreed with the clients (Banco Santander / Banco Sabadell / BBVA / Caixabank)
The CNMC has imposed a EUR 91 million fine to Banco Santander, Banco Sabadell, BBVA and Caixabank for colluding to offer interest rate derivatives at different conditions from those agreed with the clients concerned.
The derivatives in question were used to cover the risks of the interest rate (...)
The EU Court of Justice rules that the dissemination of misleading information is a restriction by object and excludes exemption under Article 101 §3 TFEU (Roche / Novartis)
On 23 January 2018, the Court of Justice of the European Union delivered its decision on the preliminary ruling referred to it by the Italian Council of State in the dispute between Roche and Novartis on the one hand and the Italian competition authority (AGCM) on the other.
In 2014, Roche and (...)
The Russian Competition Authority opens proceedings concerning a cartel in the railway tracks market (Partnerstvo)
Rail track collusion*
Moscow OFAS exposed cartels at auctions of the Ministry of Defence for supplying materials for rail tracks.
“Partnerstvo” Ltd., “Pravda” Ltd. and “DorRem” Ltd. concluded and implemented oral cartel agreements throughout 5 auctions (in breach of Clause 2 Part 1 Article 11 of (...)
The Polish Competition Authority issues a decision on collusion concerning ISO certificates (Prezes Urzędu Ochrony Konkurencji i Konsumentów)
By way of its decision no. RWR 13/2017 of 29 December 2017, the President of the Office of Competition and Consumer Protection (“OCCP”) imposed a financial penalty exceeding PLN 461,000 (approx. EUR 112,000) on Istituto Italiano del Marchio di Qualita (“IMQ”) for fixing prices and dividing the (...)
The Danish Competition Authority sanctions an association of camera distributors for cartel (Team DS)
Association of camera distributors has coordinated prices and exchanged information about its members prices and other competitive parameters*
On 1 December 2017, the Danish Competition Council (DCC) ruled in a case concerning anticompetitive behaviour regarding the camera market.
The DCC (...)
The EU Court of Justice provides guidance to French Court on the relationship between EU Common Agricultural Policy and Competition Law (APVE)
On 14 November 2017, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a request for preliminary ruling from the French Supreme Court regarding the relationship between the objectives of the EU’s Common Agricultural Policy and those of EU competition law (C-671/15, APVE (...)
The French Competition Authority imposes a €302 m fine on three leading companies in the PVC and Linoleum floor coverings sector for price-fixing, sharing commercially sensitive information and signing a non-compete agreement on environmental performance advertising (Forbo / Gerflor / Tarkett / SFEC)
SIGNIFICANT FINE IMPOSED BY THE FRENCH COMPETITION AUTHORITY IN FLOOR COVERINGS CARTEL*
On October 18, 2017, the French Competition Authority (the “FCA”) imposed a EUR 302 million fine on the three leading companies in the PVC and linoleum floor coverings sector; Forbo, Gerflor and Tarkett, as (...)
The French Competition Authority fines three leading manufacturers of PVC and linoleum floor covering for cartel (Tarkett)
The Autorité has imposed sanctions totalling €302 million on the three leading manufacturers of PVC and linoleum floor covering, as a penalty for price fixing among other pratices.*
Background
Acting on information submitted by the Directorate General for Competition Policy, Consumer Affairs (...)
The EU Commission fines several truck manufacturers for cartel (Scania)
Antitrust: Commission fines Scania €880 million for participating in trucks cartel*
The European Commission has found that Scania broke EU antitrust rules. It colluded for 14 years with five other truck manufacturers on truck pricing and on passing on the costs of new technologies to meet (...)
The Indian Competition Authority fines 10 companies for bid rigging in coal and sand transportation tenders (Western Coalfields / Coal Carriers..)
CCI imposes penalty for bid-rigging in coal transportation auctions*
The Competition Commission of India (’CCI’) vide order dated September 14, 2017 has imposed penalty of almost INR 12 Crore on 10 entities namely SSV Coal Carriers Pvt. Ltd (OP-1), Bimal Kumar Khandelwal (OP-2), Pravin Transport (...)
The German Competition Authority fines automotive part manufacturers for cartel (Sevelen)
Bundeskartellamt imposes fines on automotive part manufacturers*
The Bundeskartellamt has imposed fines amounting to 9.6 million euros on three manufacturers of heat shields and their representatives.
The companies involved are Elring Klinger Abschirmtechnik (Schweiz) AG, Sevelen (...)
The German Competition Authority fines three manufacturers of heat shields and their representatives for cartel (Elring Klinger Abschirmtechnik)
Bundeskartellamt imposes fines on automotive part manufacturers*
The Bundeskartellamt has imposed fines amounting to 9.6 million euros on three manufacturers of heat shields and their representatives.
The companies involved are Elring Klinger Abschirmtechnik (Schweiz) AG, Sevelen (...)
The OECD holds a roundtable to address issues on algorithms and collusion
OECD workshop addresses algorithms and collusion issues*
On June 21-23, the OECD held a roundtable on the theme of “Algorithms and Collusion,” as part of a wider work stream on competition in the digital economy. The OECD roundtable reflects a shift in the debate over the antitrust implications (...)
The Latvian Competition Authority fines nine distributors of professional stage equipment for bid-rigging (SGS Sistēmas)
The CC detects bid-rigging among distributors of professional stage equipment*
On 30 May, the Competition Council of Latvia (the CC) adopted a decision to impose a fine on nine companies, which had coordinated their activities within the framework of procurements of public and municipal (...)
The Bulgarian Competition Authority approves commitments by oil companies suspected of cartel activities (Lukoil Bulgaria / Eco Bulgaria / Shell Bulgaria / OMV Bulgaria / NIS PETROL)
The Bulgarian Commission for Protection of Competition has approved commitments by oil companies suspected of cartel activities*
On 28.03.2017, the Bulgarian Commission for Protection of Competition (the “Bulgarian Commission”) approved commitments by the leading Bulgarian oil companies Lukoil (...)
The French Competition Authority dismisses collusion case against car rental companies due to lack of evidence that exchange of information led to strategic changes in their behavior (Europcar / Avis / Citer / Hertz / Sixt / EDA)
When Information Is Not (Market) Power: Using Quantitative Techniques To Show That Information Exchange Did Not Facilitate Collusion*
Abstract
On January 2015, the French competition authority claimed that some car rental companies infringed competition law by sharing monthly information (...)
The French Competition Authority drops charges against car rental companies for exchanging detailed and individualised sales information (Europcar / Sixt / Avis / Hertz)
On 27 February 2017, the French Competition Authority (“FCA”) decided to close a ten-year investigation into information exchanges between car rental companies without imposing any sanction.
The FCA investigated whether information exchanged through airport management authorities facilitated (...)
The Indian Competition Authority fines 7 cement manufacturers for bid rigging (State of Haryana / Cement Manufacturers)
CCI imposes penalty of INR 205 Crores on 7 cement manufacturers for bid-rigging in supply of cement to Director General (Supplies and Disposal), Haryana*
CCI by its order dated January 19, 2017 has imposed a penalty for bid-riggingon 7 cement manufacturers, viz. Shree Cement Limited, Ultratech (...)
The EU Court of Justice confirms the EU Commission decision on the animal feed phosphates cartel (Timab Industries)
Antitrust: Commission welcomes Court of Justice judgment on Animal Feed Phosphates cartel*
The European Commission welcomes today’s judgment by the EU Court of Justice dismissing in its entirety Timab’s appeal against an earlier General Court ruling.
The General Court (case T-456/10) had upheld (...)
The UK Competition Authority fines suppliers of galvanised steel tanks for bid-rigging (Franklin Hodge)
CMA fines water tank firms over £2.7 million*
The CMA has today issued 2 decisions imposing fines on suppliers of galvanised steel tanks for breaching competition law.
Galvanised steel tanks are used for water storage in larger buildings, such as schools, hospitals and other commercial and (...)
The EU General Court annuls a cartel settlement decision on appeal due to the Commission’s failure to sufficiently inform the undertakings on the fining methodology used (Envelopes cartel)
Under the Commission’s cartel settlement procedure, an undertaking admitting liability to a cartel infringement and waiving certain procedural rights is rewarded with a 10% reduction in the fine. In the envelopes cartel case, the Commission fined five producers €19.4 million under the settlement (...)
The French Competition Authority fines several modelling agencies for cartel (L’Agence)
The Autorité fines for anticompetitive agreement the modelling sector’s main professional union and 37 modelling agencies* In brief The Autorité de la concurrence today issues a decision under which it fines the main professional union of modelling agencies, the SYNAM, for having, between (...)
The Latvian Competition Council fines medical equipment traders for bid rigging (Optika&Dentika / KJ Serviss)
The CC fines Medical Equipment Traders for collusive Behaviour in Public Procurements*
On 8 September, the Competition Council (the CC) fined two medical equipment traders SIA OPTIKA&DENTIKA and SIA KJ SERVISS for participating in a cartel agreement in four public procurements. Due to the (...)
The US FTC charges an undertaking for an alleged invitation to collude with another undertaking that served as both a competitor and a supplier (Fortiline)
This article has been nominated for the 2017 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
A dual distribution relationship does not protect against Section 5 liability for an invitation to collude.
For the first time, the Federal Trade Commission (...)
The Indian Competition Authority fines a professional association and its compliant pharmaceutical member company for anticompetitive agreements (Maruti & Company / KCDA Karnataka Chemists & Druggists Association / Lupin)
CCI again fines Pharma Company for Anti-Competitive Activities *
The Competition Commission of India (“CCI/ Commission”) by way of its order dated 28.07.2016 has found the Karnataka Chemists and Druggist Association (“KCDA”) , Lupin Ltd. (“Lupin”) and their Office bearers to be in contravention of (...)
The German Competition Authority fines TV studio operators for cartel (Studio Berlin Adlershof)
Bundeskartellamt imposes fines on TV studio operators*
The Bundeskartellamt has imposed fines amounting to a total of approx. 3.1 million euros on Studio Berlin Adlershof (SBA) GmbH, its affiliate Studio Berlin Broadcast GmbH (both located in Berlin) and Bavaria Studios & Production (...)
The Latvian Competition Authority fines companies specialized in water infrastructure development service for bid rigging (Sistēmas)
The Competition Council of Latvia Fines Three Companies for Collusive Bidding by Contractors*
On 8 July 2016, the Competition Council (CC) of Latvia has fined three companies – SIA CO Sistēmas, SIA SAN B, and SIA Talsu spriegums – for rigging a public tenders. Companies were found to coordinate (...)
The Spanish Competition Authority fines 8 companies and 9 of their executives for their involvement in a cartel and bid rigging case in the public procurement process on the national railway market (Infraestructuras Ferroviarias)
The CNMC fines four companies and nine of their executives € 5.64 million for dividing up the awards for supplying ADIF with rail turnouts*
The CNMC fined € 5.58 million Amurrio Ferrocarril y Equipos, S.A, Jez Sistemas Ferroviarios, S.L., Talleres Alegría, S.A. and Duro Felguera Rail, S.A.U for a (...)
The Indian Competition Authority clarifies that mere collusion or coordination is not enough to hold undertakings in contravention of the provisions of the Competition Act (Shri Nirmal / Ruchi Soya / Betul Oils / Ganganagar)
CCI: Mere collusion or coordination is not enough to hold the Parties in contravention of the provisions of the Competition Act*
The CCI, by way of its order dated June 28, 2016 held that M/s Ruchi Soya Industries Ltd., M/s Betul Oils Ltd and M/s Ganganagar Commodity Ltd. were not in (...)
The Italian Regional Administrative Court of Latium sets aside a previous infringement decision made by the Italian Competition Authority on a bid-rigging practice (Rai servizi Post-Produzione)
By a judgment issued in Rai servizi post-produzione the Regional Administrative Court of Latium (the Court) reversed a previous infringement decision made by the Italian Competition Authority (ICA). The Court held that the ICA failed to establish an anti-competitive concerted practice to the (...)
The Croatian High Administrative Court fines several personal protection firms for cartel (Sokol Marić)
Decisions of the High Administrative Court*
In the first case, by dismissing the claim of the claimants the High Administrative Court backed the CCA decision of 17 March 2015 establishing that the personal protection firms Sokol Marić, AKD-Zaštita, Securitas Hrvatska, Klemm Sigurnost, (...)
The Finnish Competition Authority inspects bus and coach operators suspected of collusion
FCCA has inspected bus and coach operators in Southwest Finland*
The purpose of the inspections was to find out whether the operators were guilty of unlawful collaboration between competitors.
The Finnish Competition and Consumer Authority has a right to carry out inspections under the (...)
The Moldovan Competition Authority accepts commitments from tour operators and airlines in the charter air passenger transport market (Scavolin)
On 4 November 2011 the Moldovan Competition Authority (CC) concluded its investigation into the alleged anti-competitive practices on the market for charter air passenger transport by accepting a series of commitments offered by the tour operators and airline companies involved. The case (...)
The Indian Competition Appellate Tribunal annuls a fine for alleged collusion by a professional transport association due to lack of evidence by the National Competition Authority (Indian Foundation of Transport Research & Training / All India Motor Transport Congress)
COMPAT sets-aside penalty imposed on All India Motor Transport Congress (AIMTC) for alleged increases of transport rates in collusion*
COMPAT by its order dated April 18, 2016 has set-aside the order of CCI where AIMTC was penalized for allegedly exhorting truck transporters for increasing (...)
The Hellenic Competition Authority accepts commitments proposed by steel producers regarding the exchange of information in the context of their trade association (Sidenor)
The HCC accepts commitments by steel producers regarding the exchange of information in the context of their trade association, while further rejecting complaints about other alleged infringements in the markets for the production, distribution and accreditation of steel products*
The HCC (...)
The Indian Competition Appellate Tribunal annuls a bid rigging fine for multi-product companies who are fined only on their case product turnover and identical prices are not prima facie illegal (DG S&D / A. R. Polymers)
Competition Appellate Tribunal (COMPAT) sets-aside penalty imposed on Jungle Boot suppliers for alleged bid rigging*
COMPAT by its order dated April 12, 2016 has set-aside the penalty imposed on suppliers of Polyester Blended Duck Ankle Boot Rubber Sole/ Appellants (Jungle Boots) against (...)
The Hungarian Competition Authority initiates proceedings for a suspected cartel during a procurement of health equipment aimed at saving energy (Siemens Healthcare)
The GVH has initiated a proceeding for a suspected cartel*
On 11 April 2016 the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) initiated a competition supervision proceeding against several undertakings (Siemens Healthcare Kft., GE Hungary Ipari és Kereskedelmi Kft., PHILIPS (...)
The Kiev Commercial Court of Appeal quashes a Lower Court’s ruling upholding the decision of the Antimonopoly Committee in a case involving allegations of anticompetitive information exchange (AC Nielsen)
On 31 March 2016, the Kiev Commercial Court of Appeal (the "Court of Appeal") quashed the ruling of the Kiev Commercial Court (the "Lower Court") upholding the decision of the Antimonopoly Committee of Ukraine (the "AMC") in the case involving allegations that certain trade chains had (...)
The Finnish Market Court rejects the penalty proposed by the Competition Authority concerning power line matter (Empower)
Market Court rejects FCCA’s penalty proposal concerning power line matter*
The Finnish Competition and Consumer Authority (FCCA) had proposed that the Market Court impose a EUR 35 million penalty on Eltel Networks Oy and Eltel Group Oy for unlawful collaboration between competitors in power (...)
The US District Court for the Southern District of New York confirms that cooperative processes such as setting benchmark interest rates may be subject to antitrust laws (Alaska Electrical Pension / Bank of America)
Competitors engaged in cooperative processes find they face competing approaches by Southern District of New York Judges weighing antitrust liability*The scope of antitrust liability for competitors engaged in cooperative processes—such as setting benchmark interest rates—became murkier this week (...)
The Dutch Competition Authority fines cold-storage firms for cartel (Kloosbeheer)
ACM imposed fines of EUR 12.5 million on cold-storage firms*
The Netherlands Authority for Consumers and Markets (ACM) has imposed fines, totaling almost EUR 12.5 million, in three cases on four companies in the cold storage industry (freezing and refrigerated storage). Five executives were (...)
The French Competition Authority launches unannounced inspections in the market of fire safety systems equipping businesses and buildings receiving the public
Fire safety systems equipping businesses and buildings receiving the public*
The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on February 18th in the sector of fire safety systems equipping businesses and buildings receiving the (...)
The Portuguese Competition Authority launches unannounced inspections in the credit sector
The Portuguese Competition Authority confirms unannounced inspections in the specialised credit sector*
The Portuguese Competition Authority (the PCA) confirms that it carried out unannounced inspections on 28 and 29 January 2016, at 13 premises of various specialised credit institutions (...)
The EU Court of Justice gives a preliminary ruling for an alleged collusion among a number of travel agencies through an online travel booking system (Eturas)
On 21 January 2016 the European Court of Justice (ECJ) gave a preliminary ruling upon the request of the Supreme Administrative Court of Lithuania in the Eturas case. At the core of the case was an alleged collusion among a number of travel agencies through an online travel booking system (...)
The Indian Competition Authority closes cartel case against general insurance public sector enterprises and their associations (TPAs / GIPSA)
Competition Commission of India (CCI) closes case against General Insurance Public Sector Undertakings and their association for alleged cartelization*
The CCI, by its order dated January 4, 2016, has closed a case alleging anti-competitive agreements between the four PSU general insurance (...)
The Hong Kong Competition Commission receives an application for block exemption for liner shipping agreements (Hong Kong Liner Shipping Association)
Hong Kong Shipping Association Seeks Liner Exemption*
The Hong Kong Liner Shipping Association has submitted to the Hong Kong Competition Commission for consideration a block exemption for liner shipping agreements. The HK Commission gave interested parties until March 24 to comment on the (...)
The Indian Competition Commission fines airlines for fixing fuel surcharge and shows a change in the evidentiary standard in cartel cases involving price parallelism and circumstantial evidence (Jet Airways / InterGlobe Aviation / Spice Jet)
CCI imposes penalty of USD 38.6 million on airlines for fixing fuel surcharge*
Just when one almost thought that the year 2015 would go by without a major cartel fine, the Competition Commission of India (CCI) published a decision on 17 November 2015 imposing penalties of USD 38.6 million (...)
The Turkish Council of State annuls the decision of the Competition Authority which dismissed the complaint at the preliminary inquiry stage without evaluating the information that showed the collusion (Pegas / Anex / Tez / Odeon Tours)
This case comment analyses the judgment of the Turkish Council of State in which it has annulled the decision of the Turkish Competition Authority that rejects the complaint of a rival at the stage of preliminary inquiry without assessing the evidence demonstrating the collusion between four (...)
The Greek Competition Authority accepts the commitments proposed by manufacturers on the market for the sale of tobacco products (Philip Morris)
HCC accepted commitments proposed by tobacco manufacturers to meet competition concerns in the market for the sale of tobacco products in Greece*
The Hellenic Competition Commission (HCC), by a unanimous decision, accepted commitments proposed by the leading producers of tobacco products in (...)
The Latvian Competition Authority issues warnings against 15 tenderers of public procurements suspected of bid-rigging
Competition Authority warns 15 Undertakings*
In the first half of 2015, the Competition Council (CC) of Latvia has issued warnings to 15 undertakings under suspicion of breach of the Competition Law. Most warnings have been issued to tenderers of public procurements, thus once again proving (...)
The UK Competition Authority fines an association of undertakings for anti-competitive information exchange and pricing agreements (Consultant Eye Surgeon Partnership)
I. Background
On 26 May 2013, the UK Competition Authority (the OFT at the time), received a complaint alleging concerns that Consultant Eye Surgeon Limited Liability Partnerships (“LLPs”), via their membership association CESP Limited (“CESP Ltd”), were agreeing prices and sharing prices and (...)
The Spanish Competition Authority fines 21 car manufacturers and distributers and two consulting firms for exchanging commercially sensitive and strategic information (Fabricantes de automóviles)
The CNMC (Spain’s National Authority for Markets and Competition) Council issues a 171 million euros fine against 21 automobile manufacturing and distributing companies and two consulting companies for exchanging commercially sensitive and strategic information.
File resolution S/0482/13 (...)
The Spanish Competition Authority fines 23 companies for participating in a cartel in the automobile manufacturing and distribution markets (Fabricantes de automóviles)
The CNMC has issued 171 million euros in fines to 21 automobile manufacturing and distributing companies in Spain*
On 28/07/2015, The CNMC has issued a total of 171 million euros in fines to 21 companies present in the distribution and marketing of motor vehicles market and/or the provision of (...)
The EU Commission fines cargo train operators in a cartel settlement (Express Interfracht / Schenker)
European Commission Slams Cargo Train Operators With 49 Million Euro Fine In Cartel Settlement*
The European Commission (“EC”) today imposed fines totalling 49,154,000 euros on Express Interfracht, part of the Austrian railway company Österreichische Bundesbahnen, and Schenker, a subsidiary of (...)
The Latvian Competition Authority fines several tenderers for bid rigging in the market of timber preparation (Amils)
Competition Authority fines 11 tenderers of logging procurement*
On 14 July, the Competition Council (CC) of Latvia took a decision to fine 11 undertakings for coordinating their tenders with one or several other tenderer in a public procurement of timber preparation. For such actions, the (...)
The Mexican Competition Authority opens an ex-officio investigation concerning possible absolute monopolistic practices in the market for the provision of administrative services for workers’ pension funds (AFORES)
COFECE to Investigate Possible Absolute Monopolistic Practices in the Market for Pension Fund Administration Services in Mexico*
Through the Mexican Federal Official Gazette and its website, the Federal Economic Competition Commission’s (COFECE or Commission) Investigative Authority announced (...)
The Italian Administrative Court of Second Instance confirms the annulment in parte qua of the Competition Authority’s decision regarding a cartel in the market for road and highway barriers (Metalmeccanica)
1. Premise – The present work is aimed at focusing on the decision of 2 July 2015 No. 3291 issued by the Italian Administrative Court of Second Instance (i.e. Consiglio di Stato, hereinafter the “CdS”), highlighting the aspects of interest (hereinafter, the “Judgement”).
The Judgement closed a (...)
The US Court of Appeals for the 2nd Circuit affirms ruling condemning masterminding the creation, organization and implementation of a conspiracy by five ebook publishers (Apple)
The Second Circuit’s Apple Ebooks Opinion*
The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks that benefited Apple, as Apple (...)
The Italian Competition Authority accepts commitments to amend a co-marketing agreement in the pharmaceutical sector, and closes its antitrust investigation (Novartis / Italfarmaco)
With Decision No. 25508 of 4 June 2015, the Italian Competition Authority (the “ICA”), accepted the commitments proposed by Novartis Farma S.p.A. (“Novartis”) and Italfarmaco S.p.A. (“Italfarmaco”, together the “Parties”) and closed the investigation opened following a complaint lodged by the (...)
The Mexican Competition Authority opens an investigation in the air transport sector
COFECE initiates investigation into air transport sector*
Through the Mexican Federal Official Gazette and its website, the Federal Economic Competition Commission’s (COFECE) Investigative Authority publicly announced the extract of its ex-officio investigation initiation decision under file (...)
The Croatian Competition Authority issues two cartel decisions concerning the personal protection market and the market of provision of berth and mooring services (Sokol Marić / AKD-Zaštita / Securitas Hrvatska)
Two cartel decisions by the CCA*
The Croatian Competition Agency adopted two decisions on prohibited horizontal agreements, first, in the provision of personal protection services involving seven undertakings and second, in the provision of berth and mooring services, where nine undertakings (...)
The Mexican Supreme Court of Justice upholds the decision of the Competition Authority concerning a bid-rigging in the pharmaceutical sector (Baxter, Fresenius, Eli Lilly and Pisa)
The Supreme Court of Justice decides on bid rigging in social security public tenders case*
The Mexican Supreme Court of Justice (SCJ) confirmed the legality of a resolution issued by the extinct Federal Competition Commission in 2010, against pharmaceutical enterprises Baxter, Fresenius, Eli (...)
The US DoJ files the first e-commerce case regarding price fixing (Topkins)
Antitrust Division Files First E-Commerce Case*
David Topkins, a former executive at the E-Commerce Merchants Trade Association, an e-commerce seller of posters, prints and framed art, has agreed to plead guilty for conspiring to fix the prices of posters sold online. The one-count felony (...)
The Hellenic Competition Authority sends a statement of objections to undertakings for suspected cartel in the steel long products sector (Sidenor / Hellenic Halyvourgia / Halyvourgiki)
Statement of Objections addressed to companies active in the production and trading of steel products regarding alleged infringements of competition rules *
Following the issuing of a Statement of Objections, the Hellenic Competition Commission (HCC) will convene on 29.05.2015 to hear a case (...)
The French Competition Authority issues an opinion concerning the cooperation agreements in the food retail sector
Joint purchasing agreements in the food retail sector*
The Autorité de la concurrence issues an opinion in which it proposes a grid for the general analysis of risks arising from the cooperation agreements recently concluded and provides recommendations
CONTEXT
Cooperation agreements
Three (...)
The French Competition Authority imposes fines on three millers for cartel in the market of flour sold to craft bakeries (Axiane Meunerie / Minoteries Cantin / Grands Moulins de Strasbourg)
The Autorité de la concurrence fines 3 millers for anticompetitive agreements on increases in the price of flour sold to craft bakeries.*
The Autorité de la concurrence issues today a decision whereby it fines Axiane meunerie, Minoteries Cantin and Grands Moulins de Strasbourg a total of 1.1 (...)
The EU Court of Justice considers that the bilateral exchange of pre-pricing informations to a concerted practice with the object of restricting competition is an anticompetitive practice (Dole)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
In its ruling of 19 March 2015 (Case C-286/13P) relating to the banana cartel, the Court of Justice of the EU (CJEU) dismissed the appeal by banana importer Dole (...)
The EU Court of Justice decides that the General Court was correct in finding that the exchange of pre-pricing information was a restriction of competition by object under Art. 101 TFEU (Dole)
Appeal in banana cartel results in confirmation that the analysis of bilateral information exchange as an object infringement by Commission and General Court was correct.
In Brief
In its judgment on 19 March 2015, the Court of Justice of the European Union (ECJ) concluded that Dole’s appeal (...)
The French Competition Authority imposes fines on several producers of fresh dairy for cartel (Yoghurt cartel)
Cartel in the fresh dairy products sector (yoghurts, fromages blancs, milk-based desserts, etc.)*
The Autorité de la concurrence fines €192.7 million an anticompetitive agreement on dairy products sold under retail private labels
The Autorité issues today a decision in which it finds the (...)
The Ontario Superior Court of Justice finds nine defendants not guilty on 60 charges of bid-rigging and conspiracy to rig bids (Durward)
Canada’s Competition Bureau loses major bid-rigging case: 60 not guilty verdicts*
In a further blow to the track record of the Competition Bureau and the Public Prosecution Service of Canada in contested criminal trials, on April 27, 2015, a jury in the Ontario Superior Court of Justice found (...)
The Spanish Competition Authority fines exchange of strategic information in the dairy industry (Danone / Lactalis Iberia / Nestlé)
CNMC Imposes Fines of € 88 000 000 in Dairy Industry*
On 3 March 2015, the Comisión Nacional de los Mercados y la Competencia (CNMC) fined nine companies and two sectoral associations that operate in the raw cow’s milk supply market in Spain a total amount of € 88.2 million for a breach of Article (...)
The Spanish Competition Authority fines nine dairy companies and two associations for alleged exchanges of information relating to purchases of raw milk (Dairy Industry 2)
On February 26, 2015, the Spanish National Commission for Markets and Competition (Comisión Nacional de los Mercados y de la Competencia or “CNMC”) determined that nine companies and two associations in the dairy sector had engaged in a number of exchanges of commercially sensitive information (...)
The Spanish Competition Authority fines various petrol product operator for anti-competitive agreements (Repsol / CEPSA / BP)
CNMC Fines Various Petrol Product Operators a Total of € 32 400 000 for Anti-competitive Agreements*
On 24 February 2015, the Comisión Nacional de los Mercados y la Competencia (CNMC) sanctioned Repsol S.A., Disa Corporación Petrolifera S.A., Meroil S.A., Galp Energía España S.A., BP España S.A. (...)
The Lithuanian Competition Authority fines a cartel in the energy sector (Lukrida / Envija / Manfula)
Competition Council Hits Cartel in Energy Sector*
On 11 February 2015, the Competition Council (the Council) found that UAB Lukrida (Lukrida) and UAB Manfula (Manfula), the main market players in the construction of cogeneration power plants in Lithuania, sought to restrict competition in the (...)
The Hellenic Competition Commission sends statement of objections to suspected bid rigging participants in the radio audience measurement market (MRB and FOCUS)
Statement of Objections addressed to undertakings active in the market of media measurement services regarding an alleged infringement of article 1 Law 3959/2011 (and/ or article 1 Law 703/1977)*
Following the issuing of a statement of objections, the Hellenic Competition Commission (HCC) will (...)
The EU Commission fines a broker for facilitating Yen Libor cartels by serving as communication channel and disseminating misleading information about expected rates (Icap)
European Commission Fines London-Based Broker ICAP 14.9 Million Euros For Facilitating Yen Libor Cartels*
The European Commission (“EC”) has fined London-based ICAP, the world’s largest broker of interest-rate swaps, for facilitating bank cartels in the market for Yen-denominated interest rate (...)
The Italian Competition Authority fines several undertakings for their participation to a cartel in the market of depuration of muds from sewage waters (Gare Gestioni Fanghi)
Introduction
By a decision made on 3 February 2015 in the case I765, Gare Gestioni Fanghi, the Italian Competition Authority (ICA) has found Alan, Azienda Agricola Allievi, CRE, Ecotrass and Evergreen Italia to have infringed Article 2 of the Italian Competition Act n. 287/90, corresponding to (...)
The US District Court for the Southern District of New York allows alleged manipulation of foreign exchange rates claim to go forward, distinguishing the case from the LIBOR ones (FX Benchmark rates)
Motion to Dismiss Denied in FX Rigging Case*
A federal judge in New York on Wednesday allowed a consolidated class action by U.S.-based investors concerning the rigging of the foreign exchange (FX) market to move forward. In denying a motion to dismiss, U.S. District Judge Lorna G. Schofield (...)
The Japan Fair Trade Commission issues a cease and desist order against members of an association and imposes surcharges on them for having substantially restrained competition in the market of the concrete products (Abashiri Concrete Products Association)
The JFTC issued cease and desist order to Abashiri Concrete Products Association and surcharge payment orders to members of the Association*
The Japan Fair Trade Commission (JFTC) today issued cease and desist order to Abashiri Concrete Products Association (hereinafter referred to as the (...)
The European Commission appeals a Belgian Court’s judgement in a cartel damages case (Otis, KONE, Schindler, ThyssenKrupp)
European Commission’s damages litigation illustrates challenges in domestic regimes pre-implementation of the Damages Directive*
In January 2015 the European Commission announced its intention to appeal a judgment of the Belgian Commercial Court which dismissed the Commission’s claim for €6 (...)
The Italian Competition Authority decides that commitments submitted by pharmaceutical companies in order to alleviate competition concerns should have been published (Arca / Novartis-Italfarmaco)
The Italian Competition Authority (AGCM) decided that, according to Art. 14-ter of Italian Law 287/1990, the commitments that Novartis and Italfarmaco had submitted in order to alleviate concerns in terms of an alleged infringement of Art. 101 TFEU, should have been published, both in its (...)
The Slovak Competition Authority imposes fines on several banks for having coordinated their activities in the area of providing financial services
AMO SR fined the undertaking in banking sector*
On December 19, 2014 the Division of Cartels issued a decision imposing a fine in the total amount of EUR 185 939 on the undertaking acting in banking sector in the Slovak Republic.
The findings of the Office show that during the years of 2010, (...)
The Latvian Competition Council imposes fines on dealers and importer of cars for their participation to a cartel (Autocentrs, Moller Auto Krasta)
The CC Fines Dealers of Volkswagen for 7.6 Million Euros*
On 15 December, the Competition Council (CC) of Latvia imposed fines to official dealers and importer of Volkswagen cars in Latvia for taking part in a cartel. For at least five years undertakings systematically coordinated their (...)
The Belgian Competition Authority dismisses instruction regarding potential concerted practices in the energy sector regarding passing on practices of green certificates fine amounts (Green Certificates)
I. The Parties
Lampiris SA is a Belgian company which main activity consists in the supply of electricity and natural gas.
EDF Luminus SA is a company which activity consist in the production of electricity, its gross commerce, and the supplyi of electricity and natural gas. The company is a (...)
The Hungarian Competition Authority imposes fines on several driving schools for concerting on the prices of their trainings (ATI Autóközlekedési Tanintézet)
The driving schools in Győr have concerted the price of their trainings*
According to the decision of the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH), the ATI Autóközlekedési Tanintézet Kft., "BILUX" Győr-Moson-Sopron Megyei Gépjárművezető Kft., HORVÁTH TANODA Oktató és (...)
The Spanish Competition Authority fines companies for their participation to a cartel in the recovery and sale of waste paper and cardboard sector (Unión de empresas de recuperación)
CNMC Fines Companies for Cartel in Recovery and Sale of Waste Paper and Cardboard*
On 19 November 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed fines amounting to € 3 830 000 on 14 companies active in recovery and sale of waste paper and cardboard for an (...)
The French Competition Authority imposes fines on three removal companies for having presented cover quotes in order to distort competition in the military personnel relocation removals market (AGS Martinique / Martinique Déménagements / SMDTE)
The Autorité de la concurrence fines three removal companies for having colluded in presenting cover quotes*
The Autorité de la concurrence has issued a decision in which it fines three removal companies for having presented cover quotes in order to distort competition in the military personnel (...)
The French competition authority allows a subsidiary to opt for a national settlement procedure even though its parent company challenges the charges of a cartel (Mobilitas)
In a decision issued on November 18th, 2014 , the French competition authority (hereafter the "FCA") fined three removal companies for having colluded in presenting cover quotes in the military personnel removal sector in Martinique.
National regulatory provisions set a competitive process for (...)
The Finnish Competition and Consumer Authority proposes to fine a power line builder for participating in a cartel (Eltel and Empower)
The FCCA proposes a EUR 35 million fine on power line builder Eltel for participating in a cartel*
The Finnish Competition and Consumer Authority (FCCA) today submitted a proposal to the Market Court to impose a fine of EUR 35 million on Eltel Networks Oy and Eltel Group Oy (hereinafter (...)
The Indian Competition Authority imposes penalties on companies for price-fixing through circulation of daily price bulletins amongst themselves and limitation of supply (Indian Sugar Mills)
Guest Post From India: “Of Price Bulletins and Dawn Raids”*
Trade associations seem to be the flavor of the day for the CCI these days. Less than 4 days after passing an order fining the Chemists and Druggists Association, Goa, the Competition Commission of India (the “CCI”) has imposed penalties (...)
The EU Commission imposes fines of nearly €94 millions on four major banks for collusive behaviours (RBS / JPMorgan / UBS / Credit Suisse)
European Commission Settles Two Swiss Franc-Related Derivatives Investigations*
The European Commission has settled two cartel investigations and sanctioned four major banks in the Swiss Franc-related derivatives market, imposing total fines of approximately 94 million euros, for violations of (...)
The Spanish Competition Authority fines manufacturers of pallets and sectoral association in cartel case (EUR/EPAL and CALIPAL)
CNMC Fines Manufacturers of Pallets and Sectoral Association in Cartel Case*
On 22 September 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed fines totalling € 4 730 000 on 24 companies operating on the Spanish EUR/EPAL quality-controlled wooden pallet market and the (...)
The Italian Competition Authority closes by a commitment decision an Article 101 TFEU investigation against a purchase supercentre set up by many supermarket chains (Centrale italiana)
In the Case I768 Purchase Supercentre1 the Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation against Centrale Italiana (CI), a purchase supercentre set up by many supermarket chains. The ICA believed that the CI activities might restrain (...)
The German Competition Authority again imposes fines on several manufacturers of concrete paving stones for having entered price-fixing agreements (AHE Verbundsteine Betonwaren)
Press Release published on the official website of the German Competition Authority.
Bundeskartellamt imposes further fines on manufacturers of concrete paving stones on account of price-fixing agreements*
The Bundeskartellamt has concluded its investigations in the cartel proceedings against (...)
The Japan Fair Trade Commission issues a cease and desist order and imposes surcharges on two stell ball manufacturers for having implemented several anticompetitive agreements (Tsubaki Nakashima and Amatsuji Steel Ball)
The JFTC Issued Cease and Desist Order and Surcharge Payment Order to Steel Ball Manufacturer*
The Japan Fair Trade Commission (JFTC) today issued the cease and desist order and the surcharge payment order to Tsubaki Nakashima Co., Ltd (Tsubaki Nakashima), finding that the company and Amatsuji (...)
The Austrian Cartel Court imposes fines in a building insulation cartel (Austotherm / Steinbacher)
Fines Imposed in Building Insulation Cartel Case*
In September 2014, the Cartel Court imposed a fine on Austotherm, a producer of insulation products, for having taken part into a cartel in the distribution of polystyrene insulating material. So far, the producers of insulation materials (...)
The Hungarian Competition Authority imposes fines of € 1 million on one producer of TV and computer monitor tubes for having implementing anticompetitive practices (Samsung SDI / LG Philips Displays)
Press Release published on the official website of the Hungarian Competition Authority.
Fine imposed by the GVH for restrictive agreement*
The Gazdasági Versenyhivatal (GVH – the Hungarian Competition Authority) stated that Samsung SDI (Samsung SDI Co. Ltd. in joint and several liability with (...)
The Latvian Competition Council imposes fines on two undertakings for bid rigging in local public tender proceedings (Sliežu transportbūve / Komforta standarts)
The Competition Council fines Two Construction Project Developers*
On 31 July, the Competition Council (CC) of Latvia took a decision to fine two construction project developers – SIA „Sliežu transportbūve” and SIA „Komforta standarts” – for bid rigging. Both undertakings exchanged business data while (...)
The US FTC settles charges of invitation to collude of two UPC resellers (InstantUPCCOdes.com, 680 Digital, Nationwide Barcode)
Two UPC Resellers Settle FTC Invitation to Collude Investigation*
On July 28, 2014, the Federal Trade Commission accepted, subject to final approval, settlements with InstantUPCCodes.com (“Instant”) and Nationwide Barcode (“Nationwide”), two of the leading barcode resellers, and their principals, (...)
The US FTC settles charges of two Internet resellers of UPC barcodes used by retailers for violation of the FTC Act by inviting competitors to collude to raise prices for barcodes sold over the Internet (680 Digital)
Scanner Emergency in Aisle Five: US FTC Settles Bar Code Seller Invitation to Collude Case*
In an interesting case that caught my eye yesterday and today, the U.S. Federal Trade Commission (FTC) has proposed a settlement in a case involving allegations that an online bar code re-seller engaged (...)
The Italian Competition Authority accepts commitments in a case concerning resale price maintenance by a producer of renewable energy converters (Power-One)
Italy: The Italian Competition Authority accepts Commitments in Energy Converters Case*
On 2 July 2014, the Italian Competition Authority (ICA) adopted a commitment decision in relation to an alleged violation of Article 101 TFEU by Power-One Italy Spa (Power-One), an Italian undertaking (...)
The Hungarian Competition imposes fines for exchange of information via market research services concerning the individual sales volumes for contact lenses (CooperVision Optikai Cikkeket Forgalmazó)
Restrictive agreements on the market of contact lenses*
The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) decided that CooperVision Optikai Cikkeket Forgalmazó Kft., FOTEX-OFOTÉRT Optikai és Fotócikk Kereskedelmi Kft., Johnson Johnson Egészségügyi és Babaápolási Termékeket Gyártó (...)
The EU Court of Justice accepts the application of a strict presumption under EU law providing for the liability of a parent company, which holds all of a subsidiary’s capital shares (FLS Plast)
On June 19, 2014, in FLS Plast A/S v European Commission the European Court of Justice considered application of a strict rebuttable presumption under EU Law, which provides for a parent company to be held liable for its subsidiary’s anti-competitive market conduct, where the parent company (...)
The Competition Commission of Singapore issues first infringement decision in relation to an international cartel (CCS / Ball and roller bearings manufacturers)
On 27 May 2014, the Competition Commission of Singapore (the “CCS”) announced that it had issued an infringement decision, and imposed total financial penalties amounting to over S$9 million, against four Japanese bearings manufacturers and their Singapore subsidiaries (collectively, the (...)
The Ankara Administrative Court rules that the Fining Guidelines of the Turkish Competition Authority violate the hierarchy of norms in the Turkish legal system (MPS Metal/Bekap Metal)
This study analyses the judgment of the Ankara Administrative Court in which it has annulled the decision of Turkish Competition Authority (TCA) to impose fines on MPS Metal and Bekap Metal for bid rigging, price coordination and exchange of information in the market for packaging steel straps (...)
The Austrian Cartel Court imposes a fine of € 290 000 on a manufacturer of building insulation materials for resale price maintenance and exchange of information (Swisspor)
Austria: New Decision imposing Fines in Building Insulation Case*
On 16 May 2014, the Cartel Court imposed a fine of € 290 000 on Swisspor, a manufacturer of building insulation materials, for infringing Article 101 TFEU and § 1 Austrian Cartel Act. The Court found that the undertaking (...)
The French Court of Appeal upholds an appeal against a fine imposed by the French competition authority for price fixing in the endive market (CERAFEL)
This article was originally published on In Competition by King & Wood Mallesons (click here).
Lettuce leaf them alone
Last month, the French Court of Appeal upheld an appeal against a fine imposed by the French competition authority for price fixing in the endive market. The endive (...)
The US Federal Trade Commission apprises that it continues to maintain an active antitrust enforcement focus on trade association activity
FTC Targeting Trade Associations?*
On May 1, the Federal Trade Commission issued a press release concerning the antitrust risks involved in trade association activity and cautioned such groups that the Commission continues to maintain an active antitrust enforcement focus on trade association (...)
The German Competition Authority imposes further fines amounting to 231.2 million Euros in its proceedings concerning illegal price fixing agreements for beer (Carlsberg / Radeberger / Bolten / Erzquell / Früh / Gaffel)
Cartel proceedings against breweries concluded with imposition of further fines*
The Bundeskartellamt has imposed further fines amounting to 231.2 million Euros in its proceedings concerning illegal price fixing agreements for beer. The fines were imposed on the companies Carlsberg Deutschland (...)
The Helsinki District Court dismisses several damages actions against wood industry actors due to prescription (Laatikkala Oy, Metsäliitto Osuuskunta Stora Enso Oyj, and UPM-Kymmene)
The Helsinki District Court has decided to dismiss several damages actions against raw wood market buyer side competition restriction participants. Approximately 650 damages actions against major wood industry actors have been pending before the Helsinki District Court, which has opted for (...)
The Russian Competition Authority fines three companies for cartel in the market of an auction for snow removal (Petrovsky Park)
Friendship at an auction turned into fines*
On 17th March 2014, the Moscow Office of the Federal Antimonopoly Service in (Moscow OFAS Russia) fined “Kommunalny Sector” Ltd., “Petrovsky Park” Ltd. and “PromStroiTorg” Ltd. for a cartel at an auction for snow removal. The total size of the fines (...)
The Spanish National Court clarifies that associations can submit cost reports to the administration in the context of regulated tariffs (SEDIGAS / AOGLP)
The Spanish National Court (Audiencia Nacional, "AN") issued two judgments on 10 and 14 March 2014 annulling the Decision of the Spanish National Competition Commission (Comisión Nacional de la Competencia, "CNC") dated 30 July 2012 imposing fines on two trade associations operating in the gas (...)
The Portuguese Competition Authority affirms decision imposing a fine on the business forms cartel (Contiforme)
Following the Portuguese Competition Authority (PCA) decision dated 19 December 2012 imposing a total EUR 1,797,978.51 fine on four companies of the graphic industry - Contiforme, Soluções Gráficas Integradas, S.A.; Copidata, S.A., (Copidata); Formato, Formulários Múltiplos Comerciais, S.A., and (...)
The Russian Competition Authority considers that tenderers concluded an oral anticompetitive agreement in the market of software maintenance (Sintez)
FAS Russia confirmed that violators used the “ram attack” scheme*
On 6th March 2013, the Federal Antimonopoly Service (FAS Russia) found that “Sintez” Ltd., “IT-DISTRIBUTSIA” Ltd. and “Sistema” Ltd. violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition”.
The companies (...)
The Lithuanian Competition Council establishes a restrictive agreement as regards limitation of beer production and finds an infringement of Article 5 of the Law on Competition and Article 101 TFEU (Guild of Breweries)
Competition Council: the agreement among brewers was not based on concerns about the public health only*
On 4 March, the Competition Council (the Council) announced that the Lithuanian Guild of Breweries, AB Gubernija, UAB Kalnapilio – Tauro grupė, UAB Restoranas Apynys, TŪB Rinkuškiai, UAB (...)
The U.S. District Court of Dallas dismisses antitrust claims because plaintiffs did not plausibly state an agreement on the market for direct online sale of hotel room reservations leaving the question of potential anticompetitive effect of the most favored nation (MFN) clause without an answer (OTC / Hotel Booking)
OTA Case Turns Out to Be Less about MFNs and More about Agreement*
Back in September 2012, the potential anticompetitive aspects of most favored nation (MFN) clauses was the hot antitrust topic. While antitrust counselors (and courts) had found the clauses to be innocuous almost all the time, (...)
Concerted practices and exchange of information: Recent developments in EU and national case law
Most competition lawyers and experts can vouch from their experience that information exchange is amidst the most elusive and challenging forms of anticompetitive conduct. The fact that information can be exchanged directly between competitors or indirectly via a common agency or a third party, (...)
The Supreme Administrative Court of Lithuania refers to the Court of Justice of the European Union for a preliminary ruling about concerted practices relating to online sale of package tours (Eturas)
Lithuania: Reference for Preliminary Ruling to ECJ in Case relating to Online Sale of Package Tours*
On 17 January 2014, the Supreme Administrative Court of Lithuania (Supreme Court) referred to the Court of Justice of the European Union for a preliminary ruling in the case Eturas and others (...)
The Spanish Competition Authority fines airport incumbent and eleven car rental companies over €3.1 M for exchanging sensitive commercial information (Servicios comerciales AENA)
On 2 January 2014 the recently created National Markets and Competition Commission (“CNMC”) imposed a fine of over €3.1 million on AENA, AENA Aeropuertos and eleven car rental companies for colluding over certain car rental contractual conditions as well as exchanging sensitive commercial (...)
The Lithuanian Competition Council closes an investigation on the suspected anti-competitive agreement between the members of the national guild of breweries
Competition council closes investigation on suspected anti-competitive agreement between brewers*
On December 23 The Competition Council (the Council) closed an investigation on the suspected anti-competitive agreement between the members of the Lithuanian Guild of Breweries. According to the (...)
The Danish Competition Authority accepts commitments concerning information exchange that might facilitate anticompetitive practices in the construction sector (Danish Construction Association)
Competition Council accepts commitments from The Danish Construction Association regarding exchange of information agreement*
On 18 December 2013 the Danish Competition Council (DCC) accepted commitments from the Danish Construction Association regarding concerns that an exchange of (...)
The Competition Commission of Singapore issues first proposed infringement decision in relation to an international cartel (Ball and roller bearings manufacturers)
On 16 December 2013, the CCS issued a media release stating that a Proposed Infringement Decision (the “PID”) had been issued against four Japanese bearings manufacturers and their Singapore subsidiaries (the “Parties”) pursuant to the Singapore Competition Act, Chapter 50B (the “Act”). The CCS has (...)
The Australian Competition and Consumer Commission files civil proceedings against a cartel that allegedly denied the benefits of lower prices for laundry detergent products to the consumers (Woolworths)
ACCC takes action against alleged laundry detergent cartel*
The Australian Competition and Consumer Commission has filed civil proceedings, in the Sydney registry of the Federal Court of Australia, in relation to an alleged cartel that the ACCC alleges denied Australian consumers the benefits (...)
The Hungarian Competition Authority fines eleven undertakings engaged in a cartel on the stationary products market (Budapiért / Gyárt-ker / I-COM Iroda-Kommunikáció)
The GVH has imposed fines of over HUF 1 billion on eleven undertakings engaged in a cartel on the stationary products market*
The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) found in its decision of 12 December 2013 that six stationary distributor undertakings had concluded (...)
The Australian Competition Authority publishes report on the prices, costs and profits of unleaded petrol
ACCC Petrol Report shows prices still high despite global weakness*
The Australian Competition and Consumer Commission has released its 2013 report on the prices, costs and profits of unleaded petrol in Australia.
“The report shows that international prices and domestic fuel taxes are the key (...)
The Canadian Commissioner of Competition delivers a speech about trade and professional associations and their compliance with competition law
Trade Association Compliance on New Competition Commissioner’s Radar*
Canada’s new Commissioner of Competition, John Pecman, spoke in Toronto yesterday and delivered remarks that, as in recent speeches, included an emphasis on trade association compliance.
In this, his second speech since (...)
The Slovenian Competition Authority finds that pharmaceutical wholesalers engaged in illegal price fixing and market sharing in selling medicines for human use to public pharmacies (Kemofarmacija, Salus, Farmadent and Gopharm)
Slovenia: Agreement/Concerted practice in the Pharmaceutical Sector*
On 14 October 2013, the Slovenian Competition Protection Agency (CPA) issued a decision finding that four Slovenian wholesalers of pharmaceuticals, namely Kemofarmacija, Salus, Farmadent and Gopharm, infringed Article 6 of (...)
The Italian Regional Administrative Court of First Instance annuls the National Competition Authority’s decision concerning a cartel in the road barriers market (Marcegaglia)
*Italian antitrust administrative case law. Overview of all decisions from October to December 2013 (Third contribution)
1. Premise – This work is part of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative courts, (...)
The U.S. District Court for the Southern District of New York establishes collusion to eliminate retail price competition for e-books and imposes restrictions on deals with publishers for the next five years (Apple)
U.S. District Court rules Apple colluded on E-Book Prices*
On 10 July 2013 the District Court in Manhattan ruled in United States v. Apple Inc., et al that Apple conspired with five major publishers to raise prices on e-books. The publishers settled and denied any wrongdoing. However, the case (...)
The Swedish Competition Authority files an application for competition damages against allegedly collusive health care undertakings (Aleris / Capio / Hjärtkärlgruppen)
Fines demanded for collusion in care and treatment procurement*
The Competition Authority has petitioned that three companies within the care and treatment business are to be sentenced to pay a total of almost SEK 30 million in fines as they have colluded during a public procurement.
In 2008, (...)
The Belgian Competition Council dismisses the College of Prosecutors’ claim that BSE laboratories had shared markets and sensitive information on price on the basis of the ’Act of State Defence’ doctrine (BSE tests)
I. The Parties
The BSE laboratories test cattle for Bovine spongiform encephalopathy, commonly known as the mad cow disease. The cattle slaughterhouses provide BSE laboratories with samples of their cattle to enable the laboratories to run tests.
The Federation of Belgian Meat (FEBEV) is the (...)
The Hungarian Competition Authority initiates a sector inquiry on the online room reservation market of the tourism sector
Sector inquiry on the market of online room reservations*
Pursuant to Article 43/C of the Competition Act, the Hungarian Competition Authority (GVH) has initiated a sector inquiry on the online room reservation market of the tourism sector in order to familiarise itself with and evaluate the (...)
The Portuguese Competition, Regulation and Supervision Court declare cartel offence to be time-barred but uphold decision imposing fines on information exchange infringement (Canteen Cartel)
Following the Portuguese Competition Authority (PCA) decision dated 30 December 2009 imposing a total EUR 14,720,283.27 fine on five undertakings operating on the Portuguese foodservice/catering market - Eurest (Portugal) – Sociedade Europeia de Restaurantes e Alimentação, Lda. (“Eurest”), (...)
The Southern District of New York clarifies in the e-books case what determines liability of the vertical participant B in an A-B-C information exchange (Apple)
e-books: Vertical participation in hub and spoke agreements*
The 10 July judgment in the American e-books case (US v Apple) addresses an important question not yet examined under European competition law: what determines the liability of the vertical participant (“B”) in an A-B-C information (...)
The Spanish Competition Authority imposes fines on three entities for setting up a traceability system that have led to sales restrictions (Nadorcott Protection / Carpa Dorada / Club de Variedades Vegetales Protegidas)
On 4 July 2013, the CNC fined three entities for setting up a traceability system that led to restrictions of sales of the Nadorcott tangerine.
The fined entities were the holder of the Community plant variety rights for the Nadorcott tangerine (Nadorcott Protection, S.A.R.L.); an (...)
The Belgian College of Competition Prosecutors confirms that the Competition Authority started conducting dawn raids at the premises of certain companies active on the market for fresh yeast
In a press release of 19 June 2013, the College of Competition Prosecutors confirmed that the competition authority had started conducting dawn raids on 18 June 2013 at the premises of certain companies active on the Belgian market for fresh yeast. The competition authority is looking for (...)
The Spanish Competition Authority imposes fine of over € 6.4 M on 22 distributors of sanitary ware and plumbing materials (Almacenes Metalurgicos)
On 29 May 2013, the Spanish National Competition Commission (“CNC”) issued a decision fining 22 distributors of sanitary ware and plumbing materials for cartel behaviour in the wholesale market for materials used in the installation, maintenance and repair of pipes for water and other (...)
The Canadian Competition Bureau recognizes the importance of competition audits for increasing the effectiveness of compliance
Conducting a competition law compliance audit: a checklist for corporate counsel*
Canada’s Competition Bureau, like other competition enforcement agencies, identifies “compliance audits” as one of the essential elements of a credible and effective competition compliance program.
The following is (...)
The EU General Court partially annuls the Commission’s decision on a cartel in the marine hoses market clarifying issues on continuous infringements, proof of agreement and attribution of liability for anticompetitive conduct (Marine Hose Cartel)
On 28 January 2009, the European Commission handed down fines of EUR 131 million to manufacturers of marine hoses for price fixing, market sharing and exchanges of sensitive commercial information between 1986 and 2007. Several of the undertakings in question lodged appeals to the General Court (...)
The French National Competition Authority fines five undertakings for collusive tendering in the field of public procurement (Vilmore, Eiffage)
On 17 April 2013, the French National Competition Authority (Autorité de la concurrence, hereafter “the FCA”) fined four undertakings a total of € 965,000 for collusive tendering in the field of public procurement. The FCA investigated the response submitted by two companies to an invitation to (...)
The US FTC settles illegal information exchange allegations with hair restoration company (Bosley)
On April 8, 2013, the Federal Trade Commission (FTC) announced a proposed settlement with hair restoration company Bosley, Inc. to resolve allegations that Bosley illegally exchanged competitively sensitive, nonpublic business information with competitor HC (USA), Inc., commonly known as Hair (...)
The German Competition Authority concludes a series of proceedings against consumer goods manufacturers on account of illegal exchange of competition-relevant information (Nestlé)
Bundeskartellamt concludes proceedings against consumer goods manufacturers on account of illegal exchange of information and imposes multi-million fine on Nestlé*
Today the Bundeskartellamt has concluded a series of proceedings against consumer goods manufacturers on account of illegal (...)
The German Competition Authority concludes a series of proceedings against consumer goods manufacturers with fines totalling approximately € 20 M (Nestlé)
Germany: The Bundeskartellamt concludes Proceedings against Consumer Goods Manufacturers*
On 27 March 2013, the Bundeskartellamt (BKartA) has concluded a series of proceedings against consumer goods manufacturers with fines totalling approximately € 20 000 000 being imposed on Nestlé (...)
The German Competition Authority concludes its cartel proceedings against several manufacturers of branded drugstore products (Coty)
Multi-million fines imposed on manufacturers of drugstore products on account of anti-competitive information exchange*
The Bundeskartellamt has concluded its proceedings against several manufacturers of branded drugstore products. The authority has imposed fines of another 39 million Euros on (...)
The German Competition Authority fines six several manufacturers of branded drugstore products for information exchange (Manufacturers of drugstore products cartel)
Germany: Multi-million Fines imposed on Manufacturers of Drugstore Products on account of anti-competitive Information Exchange*
On 18 March 2013, the Bundeskartellamt (BKartA) concluded its proceedings against several manufacturers of branded drugstore products (body care products, cleaning (...)
The German Competition Authority issues a fining decision against manufacturers of drugstore products (KWR working group)
Associations & Information Exchanges – German Case Highlights Importance of Commonsense Precautions to Reduce Competition Risk*
Readers of my blog will know that I do a lot of work with trade and professional associations. In this regard, a topic that perennially arises (and which I (...)
The Turkish Competition Authority announces its long-awaited decision regarding imposition of fines on major banks for concerted practices in relation to credit card fees and interest rates for deposits (Akbank and Others)
TCA Hits Banks With Record Fines*
In Friday evening (8 March 2013), after the closing of stock exchange, the TCA has announced its long-awaited decision regarding major banks of Turkey. The TCA hits 12 major banks with record fines totalling 1,11 billion Turkish liras (around 480 million (...)
The President of the Belgian Competition Authority dismisses a request for interim measures regarding the termination of a contract for services in the penitentiary labour sector (Comptoir de Russie / Régie du Travail Pénitentiaire)
I. The Parties
Comptoir de Russie sprl (hereinafter “National2International” or “N2I”) is a limited liability company offering service contracts to final clients for the execution of low-qualified manual services.
Régie du Travail Pénitentiaire (hereinafter “RTP”) is a public entity organizing (...)
The Belgian Competition Authority imposes fines on five large flour mills (Werhahn / Meneba / Ceres / Dossche / Brabomills)
Belgium: The Competition Council imposes Fines on five large Flour Mills*
On 28 February 2013, the Competition Council (the Council) sanctioned five flour mills (Werhahn, Meneba, Ceres, Dossche and Brabomills) for having taken part into a cartel on the market for the production and sale of (...)
The UK CAT closes an appeal against OFT dairy retail prices decision by a consent order (Tesco)
On 26 February 2013, the UK Competition Appeal Tribunal (“CAT”) made a consent order closing Tesco’s appeal against the Office of Fair Trading’s (“OFT”) dairy retail prices decision In December 2012, the CAT had handed down its judgment on Tesco’s appeal against an earlier OFT decision (...)
The UK OFT fines car manufacturer and three dealers £ 2.6 M over anti-competitive behaviour (Mercedes-Benz)
On 21 February 2013, the UK Office of Fair Trading (“OFT”) announced that it had imposed a fine of £ 2.6 million on Mercedes-Benz and three of its commercial vehicle dealers – Ciceley, Enza and Road Range – for having engaged in anti-competitive practices involving market-sharing, price (...)
The EU Commission decides not to prolong maritime transport antitrust guidelines
On 19 February 2013, the European Commission announced that it has decided not to prolong its guidelines on the application of Article 101 TFEU to maritime transport services (the “Maritime Guidelines”) when they expire on 26 September 2013.
The Guidelines, adopted on 1 July 2008, cover (...)
The Canadian Superior Court of Quebec convicts three individuals for conspiring to fix gas prices in two Quebec cities (R / Gosselin)
Gas price fixers convicted after trial*
A Quebec Superior Court judge recently convicted three individuals of conspiring to fix gas prices in two Quebec cities, Sherbrooke and Magog.
To date 33 individuals and seven companies have been convicted fixing gas prices in Quebec and eastern (...)
The German Competition Authority fines eleven confectionary manufacturers over € 60 M for price agreements and information sharing (Mars, Ritter)
On 31 January 2013, the German Federal Cartel Office (“FCO”) announced that it has imposed more than € 60 million in fines on eleven companies for three different cartel infringements in the confectionary manufacturing sector. According to its press release, the FCO found price-fixing (...)
The German Competition Authority imposes fines of more than € 60 million on confectionery manufacturers for price fixing agreements (Chocolate Cartel)
Bundeskartellamt imposes fines of more than € 60 million on confectionery manufacturers*
The Bundeskartellamt has concluded its fine proceedings against several manufacturers of branded confectionery. On account of several cartel infringements, fines of approx. € 60 million have been imposed on (...)
The German Competition Authority declares legally binding commitments offered by an airline company regarding specific issues with its data tracking methods (Lufthansa)
Germany: Lufthansa changes anticompetitive Clauses in Corporate Client Programme*
On 20 December 2012 the Bundeskartellamt (BKartA) declared commitments of Lufthansa binding regarding specific issues with Lufthansa’s data tracking methods.
The proceedings against Lufthansa were triggered by (...)
The Portuguese Competition Authority fines a cartel operating in the business forms market (Contiforme)
The Portuguese Competition Authority (PCA) decision dated 19 December 2012 imposed a total EUR 1,797,978. 51 fine on four companies of the graphic industry: Contiforme, Soluções Gráficas Integradas, S.A. (Contiforme); Copidata, S.A., (Copidata); Formato, Formulários Múltiplos Comerciais, S.A. (...)
The Hungarian Competition Authority puts an end to a long running investigation into a possible cartel infringement by sugar producers (Sugar Cartel)
1. Introduction
On 19 December 2012, the Hungarian Competition Authority (GVH) put an end to a long running investigation into a possible cartel infringement by Hungarian sugar producers. The alleged infringement concerned the three main sugar producers in Hungary: Nordzucker Group (the parent (...)
The UK Competition Authority closes its investigation into alleged price-fixing between two airlines contrary to Chapter I of the Competition Act 1998 and Article 101(1)TFEU due to inconsistent evidence (Cathay Pacific Airways and Virgin Atlantic)
The UK Office of Fair Trading investigated, under Chapter I of the Competition Act 1988, whether employees of Virgin Atlantic and Cathay Pacific Airways had exchanged commercially sensitive information in order to coordinate prices in relation to passenger services on the London to Hong Kong (...)
The Romanian Competition Authority sanctions five companies for bid rigging in road construction projects (C.N.A.D.N.R)
On 13 December 2012, the Romanian Competition Council (“RCC”) sanctioned five companies a total of more than EUR 660,000 for engaging in bid rigging activities in the public procurement procedures organized by the Romanian National Company of Motorways and National Roads (“C.N.A.D.N.R.”). In (...)
The European Commission imposes fines on producers of TV and computer monitor tubes for two decades long worldwide cartel (LG Electronics, Philips, Samsung SDI)
Largest Cartel Fine by the EU Commission*
The EU Commission imposed fines on producers of TV and computer monitor tubes a total of € 1.47 billion for two decade-long cartels that operated worldwide (The press release is available here). Members of cartels include major firms like Philips, LG, (...)
The Spanish National Court annuls CNC decision closing pharmaceutical dual pricing case (European Association of Euro-Pharmaceutical Companies / Pfizer / Novartis / Sanofi-Aventis)
On December 5, 2012, the Spanish National Court (Audiencia Nacional or “AN”) annulled the decision of the Spanish Competition Commission (formerly called Comisión Nacional de la Competencia or “CNC”), to close file S/0017/07. The AN considered that the CNC should have further investigated whether (...)
The Turkish Competition Board submits to public consultation a draft guidelines relating to horizontal cooperation agreements including the exchange of information between competitors
The exchange of information between competitors is not regulated under Turkish law. This subject was recently handled within the Guidelines Project on the Application of Articles 4 and 5 of the Act No. 4054 on the Protection of Competition in Horizontal Cooperation Agreements (“Guidelines”). (...)
The Romanian Competition Authority fines two companies for bid rigging practices in the context of a gas transport pipeline tender procedure (T.M.U.C.B.)
Introduction
The Romanian Competition Council ("RCC") published in February 2013 a decision ("RCC Decision") pursuant to an investigation concerning an alleged infringement of art. 5 of Competition Law (mirroring the provisions of art. 101 TFEU) in the context of several public procurement (...)
The Turkish Competition Authority imposes fines on two undertakings for bid-rigging, price-fixing, and information sharing on the steel straps market (Steel Straps Cartel)
TCA Fined Steel Straps Producers*
According to the press release published today, Turkish Competition Authority (the TCA) imposed fines on two undertakings for bid-rigging, price-fixing, and information sharing on steel straps market. Although the details of the case has not been publicized (...)
The Moscow Arbitration Court upholds the Competition Authority’s ruling on cartel during online open tenders (Eske, Borodina, Sirius, Blitz)
Background & Proceedings
On the 11/08/2011 theFederal Antimonopoly Service of Russian Federation began investigation of the alleged breach of the Federal Law 26.07.2006 № 135-ФЗ "On Protection of Competition" by private entrepreneur Eske, (Еске Н.Ю.), private entrepreneur Borodina (Бородинa М.А.), (...)
The Italian Competition Authority imposes the maximum fines allowed under the law against an horizontal cartel influencing an overall market share equal to 95% of the traffic barriers sector (Metalmeccanica Fracasso, Industria Meccanica Varricchio...)
1. Facts
The case concerned an agreement between seven Italian undertakings active in the market for traffic barriers, holding an overall share of 95%. The cartel was aimed to concert commercial practices, control the production and prevent competition in the relevant market. The agreement was (...)
The UK OFT reveals that eight NHS trusts have been engaged in the exchange of commercially sensitive information (SPHA)
Competition law and the National Health Service*
On 16 August 2012 the Office of Fair Trading revealed that eight NHS trusts had been engaged in the exchange of commercially sensitive information. The information related to the price each would charge self-paying patients, or patients’ (...)
The Turkish Competition Authority warns driving schools not to form cartels
This study analyses the press release of the Turkish Competition Authority (TCA) in which it has warned driving schools not to infringe Article 4 of the Act on the Protection of Competition 1994 (the Act) by fixing the prices and discount rates for driving courses, sharing markets and trainees, (...)
The German Competition Authority fines a confectionery manufacturer for anti-competitive exchange of information (Haribo)
Germany: The Bundeskartellamt imposes first Fine in Sweets Case*
On 1 August 2012, the Bundeskartellamt (BKartA) has imposed fines totalling € 2 400 000 on the confectionery manufacturer Haribo GmbH & Co KG (Haribo) for having infringed Article 101 TFEU and the corresponding provision in (...)
The Spanish Competition Authority finds that several undertakings active in the post-tensioning and geotechnical systems have been sharing contracts and customers between themselves (Civil Engineering Field)
Spain: The Comisión Nacional de la Competencia fines Cartel in Civil Engineering Field*
On 31 July 2012, the CNC Council has adopted a resolution finding that several undertakings active in the post-tensioning and geotechnical systems have been sharing contracts and customers between (...)
The Croatian Competition Authority finds no concerted practice between the three telecom companies providing mobile telephony service in Croatia (Hrvatski Telekom-HT / VIPnet / Tele2)
The Croatian Competition Agency adopted on 26 July 2012 a decision finding no concerted practice between the three telecom companies providing mobile telephony service in Croatia (Hrvatski Telekom-HT, VIPnet, and Tele2). The proceedings were initiated by the Agency in September 2011 and the (...)
The EU Court of Justice dismisses an appeal in a copper fittings cartel case (Kaimer)
On 19 July 2012, the European Court of Justice (“ECJ”) dismissed an appeal by Kaimer GmbH & Co. Holding KG (“Kaimer”), Sanha Kaimer GmbH & Co. KG (“Sanha Kaimer”) and Sanha Italia Srl (“Sanha Italia”) against an earlier General Court (“GC”) judgment which had partially reduced fines (...)
The Bulgarian Competition Authority settles an alleged cartel case between large retail chains (Metro / Billa / Kaufland / Picadilly / Maxima / HIT)
On 19 July 2012 the Bulgarian Commission on Protection of Competition (“CPC”) handed down a commitments decision (the “Commitments Decision”) and closed an investigation for alleged horizontal coordination of pricing and marketing policy by six retailers – “Metro Cash & Carry Bulgaria” EOOD (...)
The EU General Court dismisses appeals in a fasteners cartel (Berning & Söhne / Coats)
On 27 June 2012, the General Court (“GC”) handed down its judgments on appeals brought by Berning & Söhne, Coats Holdings (“Coats”), and YKK against a Commission decision fining them for operating a series of cartels in the markets for zip and other fasteners and their attaching machines. (...)
The Lithuanian Supreme Administrative Court annuls decision on exchange of commercial information by dairies due to expiration of the limitation period (Dairies)
Dairies case is a national precedent where a decision of a national competition authority on alleged infringement of competition rules - exchange of commercially sensitive information – by dairy companies was annulled by the court due to the fact that the national competition authority imposed (...)
The Lithuanian Supreme Administrative Court declares that provisions of the Code of administrative offences may not be applied on the basis of analogy in disputes related to competition law
Background
On 28 February 2008, the Lithuanian Competition Council passed resolution in which it was recognized that a number of Lithuanian milk producers have committed the infringement of competition law, since the undertakings referred to above have been exchanging confidential information (...)
The Swedish Competition Authority accepts the commitments undertaken by office stationery supply chain not to indicate prices in a common marketing catalogue (Rationella Kontors Varuinköp)
Putting a stop to common catalogue prices
The office supplies chain, RKV, has undertaken to stop having common catalogue prices for office requisites. This commitment resulted from a review conducted by the Swedish Competition Authority.
The office supplies chain RKV (Rationella Kontors (...)
The Dutch Competition Authority imposes fines in two cartels in the agricultural sector (ZON, UWG and Rainbow)
According to a press release published by the Dutch Competition Authority (“NMa”) on 5 June 2012, the NMa has imposed fines totalling € 23 million on a number of pepper growers’ co- operatives and on five shallot growers and processors for their involvement in two separate cartel agreements. (...)
The EU General Court upholds fine against cartelist in an acrylic glass cartel appeal (Imperial Chemical Industries)
On 5 June 2012, the General Court dismissed an appeal brought by Imperial Chemical Industries (“ICI”) against a Commission decision fining ICI € 91 million in connection with the acrylic glass (PMMA) cartel. In the May 2006 decision under appeal, the Commission found that, between 1997 and (...)
The Finnish Supreme Administrative Court confirms the Market Court’s decision to fine wholesalers of car spare parts over €1 million for operating a price cartel (Oy Arwidson Ab / HL Group Oy / Oy Kaha Ab / Koivunen Oy / Örum Oy Ab)
On 31 May 2012, the Finnish Supreme Administrative Court handed down a judgment confirming the Finnish Market Court’s 2009 judgment finding that five wholesalers of car spare parts - Oy Arwidson Ab, HL Group Oy, Oy Kaha Ab, Koivunen Oy and Örum Oy Ab - had operated an illegal price cartel for (...)
The Dutch Competition Authority fines five onion producers for their participation in cartel agreements (TOP / VECO / CROP / Thopol / Promofin)
The Netherlands: The Competition Authority fines Silverskin Onions Cartel*
On 25 May 2012, the Netherlands Competition Authority (NMa) imposed fines of more than € 9 000 000 on five growers and processors of silverskin onions for their participation in cartel agreements concerning the maximum (...)
The EU Court of Justice upholds fines in copper fittings cartel (Legris / Comap)
On 3 May 2012, the Court of Justice of the European Union (“ECJ”) issued its judgment on the appeals lodged by Legris Industries and its subsidiary, Comap, against the General Court’s March 2011 judgments in the copper fittings cartel case, ruling that both appeals should be dismissed in (...)
The Competition Commission of India fines three aluminium phosphide tablets manufacturers for engaging in bid-rigging (Food Corporation of India)
SUMMARY
In tendering to the Food Corporation of India, three manufacturers of Aluminium Phosphide Tablets were found to have quoted the same rates, to have reduced rates by the same margin in negotiations, and to have collectively abstained from bidding. The CCI fined the parties 9% of average (...)
The Tirana Court of Appeals upholds the District Court’s judgment quashing the NCA decision concerning a concerted practice case in the markets for wheat import and production of flour (Atlas / Bloja)
On April 2012 the Court of Appeals of Tirana handed down a judgment confirming a decision of the District Court of Tirana on quashing a decision of the Albanian Competition Authority (ACA). This decision imposed a fine on two major companies operating in the market of import of wheat and the (...)
The UK OFT fines leading airlines for anti-competitive practices in relation to the pricing of passenger fuel surcharges (British Airways / Virgin Atlantic Airways)
United Kingdom: British Airways to pay £ 58 500 000 (approximately € 71 515 000) Penalty in OFT Fuel Surcharge Decision*
On 19 April 2012, the Office of Fair Trading announced its decision that British Airways (BA) and Virgin Atlantic Airways (VAA) engaged in anti-competitive practices in (...)
The Tirana District Court quashes the decision of the Albanian Competition Authority on bid rigging in the new cars public procurement (Classic / Noti)
On April 2012 the District Court of Tirana, handed a decision on quashing a decision of the Albanian Competition Authority (ACA), on a bid rigging in the public procurement of new cars by various institutions in Albania. This decision imposed a fine on 4 distributors of new cars and genuine (...)
The Czech Supreme Court confirms the supermarket cartel decision (Billa / Creditex)
The case concerns the coordination of purchasing strategy between two retail chains in the Czech Republic, BILLA, spol. s r.o. (“Billa”) and JULIUS MEINL, a.s. (“Julius Meinl”, a company that currently bears the business name CREDITEX HOLDING, a.s.). In 2001 and 2002 the parties agreed to (...)
The EU Commission imposes € 169 M on 14 international groups of freight forwarders for operating four price fixing cartels (Freight forwarders cartel)
On 28 March 2012, the European Commission announced that it had fined 14 international groups of companies a total of € 169 million for participating in four distinct cartels. According to the press release published by the Commission, the aim of the participants in the cartel was to fix (...)
The Belgian College of Competition Prosecutors finds illegal exchange of price information among producers of fast-moving-consumer-goods
On 12 March 2012, the College of Competition Prosecutors submitted a reasoned report to the Competition Council finding an illegal exchange of price information between producers of fast- moving-consumer-goods in the context of a multi-sectoral association. The report concludes the (...)
The Danish Competition Authority accepts commitments in relation to a radio access network sharing agreement between two telecom operators (Telia / Telenor)
On 29 February 2012, the Danish Competition Council accepted commitments offered by two Nordic telecom operators in connection with a notification of an agreement by which the two telecom operators combined their respective Radio Access Network in a joint venture.
Background
Telia Sonera AB (...)
The Stockholm District Court imposes fines on coach companies for price coordination, market restriction and market sharing (Scandorama / Ölvemarks Holiday Aktiebolag)
Introduction
The judgment of Stockholm District Court ("the Court") in the coach cartel case was delivered on 24 February 2012. The two largest coach companies in Sweden were found to have restricted competition between 2007 and 2009 on the market for coach package tours to Europe through (...)
The Spanish Competition Authority fines five ferry operators for participating in a cartel on the freight and passenger maritime transport in the Balearic Islands (Navieras Baleares)
On 23 February 2012, the Council of the Spanish Competition Commission (the “Council”, the “SCC”) imposed combined fines of up to €54 million on Balearia Eurolíneas Marítimas, S.A. ("Balearia"), Compañía Transmediterránea, S.A.("Transmediterránea"), Isleña Marítima de Contenedores, S.A. ("Iscomar"), (...)
The Slovak Supreme Court refers a banking cartel case to the EU Court of Justice for preliminary ruling (Akcenta)
Slovakia: Slovak Court refers Banking Cartel Case to ECJ for Preliminary Ruling*
On 10 February 2012, the Supreme Court of the Slovak Republic (Supreme Court) has decided to submit four questions for a preliminary ruling to the Court of Justice of the European Union (ECJ) (C - 68/12) in the (...)
The EU Commission terminates investigation into ship owners’ scheme (European Minibulk, Container Feeder)
On 31 January 2012, the Commission announced that it had closed an antitrust investigation of European Minibulk eG and Container Feeder eG for alleged anti- competitive practices. The co-operatives, which transport containers between small regional ports in northern Europe, have agreed to (...)
The Spanish Competition Authority fines two car manufacturers for exchanging sensitive commercial information (Honda, Suzuki motors)
This administrative authority (CNC) has issued a resolution on January 20, 2012, in which it has found that during January 2009 the competitors Montesa Honda, S.A. and Suzuki Motor S.A. engaged in a concerted practice, which consists of the bilateral exchange of sensitive commercial (...)
The Spanish Competition Commission fines a manufacturer and several car dealers over price-fixing arrangements (Honda)
On 11 January 2012, the Spanish National Competition Commission (“CNC”) announced that it had fined Montesa Honda, S.A. (Honda) and several of its dealers for engaging in illegal price-fixing practices on the motorcycle resale market. Formal proceedings began in April 2010 after (...)
The US FTC finds price collusion in the DIPF industry and further accuses the companies involved of having conspired to monopolize this industry (McWane, Star Pipe Products and Sigma)
The Facts
The DIPF market is the market of ductile iron pipe fittings, which are the compartments used as joints for the water transport pressurized system in the United States. This system is used to transport drinking and waste water to municipalities and treatment plants; so, local (...)
The Bulgarian NCA gives soft guidance on information exchange between competitors (Information Exchange Guidelines)
The Bulgarian Commission for the Protection of Competition (the “CPC”) adopted Guidelines regarding exchange of information between competitors (the “Guidelines”). This piece of soft law collates the authority’s views on various aspects of information exchanges (including on qualification of (...)
The German Competition Authority imposes fines for price fixing totalling € 15.5 million on manufacturers and retailers of hydrants and other water network fittings (Erhard / Schmieding / Frischhut / AVK / VAG / vonRoll)
According to a press release of 16 December 2011, the German Federal Cartel Office (“FCO”) has imposed fines totalling approximately € 15.5 million on six manufacturers and retailers of hydrants and other water network fittings, as well as on four of their executives, for their participation (...)
The EU Commission opens an investigation into alleged anticompetitive practices by five EU and US publishers
European Commission investigates companies active in the e-book publishing sector*
On 6 December 2011 the European Commission opened an investigation into alleged anticompetitive practices by five EU and US publishers, possibly with the help of Apple, in relation to the sale of e-books in the (...)
The Polish Competition Authority finds that delay in introducing mobile television service is a result of anticompetitive agreement (Polkomtel / PTK Centertel / PTC / P4)
The OCCP decision
On 23 November 2011, the President of the Office of Competition and Consumer Protection («the OCCP») fined four mobile telecom operators (Polkomtel, PTK Centertel, PTC, and P4) for the exchange of information on the assessment of a commercial offer prepared by Info-TV-FM (...)
The Swiss Competition Commission investigates into unlawful agreements affecting competition entered by a cosmetics and perfumery products’ professional association (ASCOPA)
I. Summary
The Swiss Competition Commission (COMCO) determines unlawful agreements affecting competition between manufacturers, importers and suppliers of cosmetics and perfumery products.
II. Case
1. Parties
Defendants Beauté Prestige SA, Zurich; Bergerat SA, Geneva; Bulgari Parfums SA, (...)
The US DoJ issues in conjunction with the Department of Health and Human Services final statement as regards collaborations of independent health care providers and provider groups
No Mandatory Antitrust Review for ACOs*
The Department of Justice and Federal Trade Commission recently issued their final "Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program" pursuant to the 2010 Patient (...)
The Turkish Competition Authority applies leniency in a case dealing with anticompetitive cooperation agreements in the air transport sector (SunExpress / Condor)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has granted total immunity to SunExpress and reduced the amount of fine of Condor by 50 percent, after SunExpress applied for leniency and disclosed the existence of the agreements it signed with Condor (...)
The US FTC and the US DOJ issue final policy statement of antitrust enforcement policy regarding "accountable care organizations"
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
Analysis of Policy Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations*
Section 2706 of the Patient Protection and Affordable Care (...)
The EU Commission publishes a revised version of its best practices for the submission of economic evidence and data collection in competition cases
The Commission’s Best Practices for the Submission of Economic Evidence: Improved, but still lacking in key areas*
On 17 October, the Commission published a revised version of its Best Practices for the submission of economic evidence and data collection in competition cases (“BP”). The first (...)
The Spanish Competition Commission publishes report on relations between manufacturers and retailers in food sector (Manufacturers and Retailers in Food Sector)
Spain: National Competition Commission publishes Report on Relations between Manufacturers and Retailers in Food Sector*
The National Competition Commission (CNC) published on 13 October 2011 a report on the relations between manufacturers and retailers in the food sector. The report, which (...)
The Dutch Trade and Industry Appeals Tribunal adjusts the fines imposed on bicycle manufacturers participating in a cartel (Bicycle manufacturers)
1. Facts and procedure
On the 4th of October 2011 the Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven,hereinafter "Tribunal") ruled on an appeal against a judgment of the District Court of Rotterdam (Rechtbank Rotterdam, referred to as "District Court") in (...)
The Italian Competition Authority imposes fines totalling €5,5 m on firms producing and selling electro-medical equipment for diagnostic imaging representing 68% of the Italian sales (Alliance Medical / Toshiba Medical / Philips / Siemens)
ITALIAN COMPETITION AUTHORITY FINES SUPPLIERS OF MAGNETIC RESONANCE EQUIPMENT €5.5 MILLION *
On 5 August 2011, the Italian Competition Authority levied fines totalling €5,538,750 on Alliance Medical S.r.l., Toshiba Medical Systems Italia S.r.l., Philips S.p.A. and Siemens S.p.A. Each firm (...)
The Italian Competition Authority sanctions suppliers of magnetic resonance equipment with fines totalling € 5 500 000 for collusive agreement relating to public tender (Siemens, Philips / Toshiba Medical Systems / Alliance Medical)
Italy: The ICA sanctions four Suppliers of Magnetic Resonance Equipment with Fines totalling € 5 500 000 for collusive Agreement relating to Public Tender in the Region of Campania*
On 5th of August 2011, the Italian Competition Authority (ICA) sanctioned Siemens, Philips, Toshiba Medical (...)
The Croatian Competition Authority finds anti-competitive practices in the market for office supplies (Association of office supplies retailers)
On 21 July 2011 the Croatian Competition Authority (AZTN) established that the Association of office supplies retailers (TUM) and its nine members have infringed the national equivalent of Article 101 TFEU by concluding an informal agreement, which included inter alia market sharing and (...)
The EU General Court partially annuls Commission’s decision in synthetic rubber cartel case for lack of evidence (Unipetrol)
On 13 July 2011, the General Court (“GC”) handed down its judgments on appeals brought against a European Commission decision of 29 November 2006 fining several companies for their participation in a cartel on the synthetic rubber market. The GC annulled the Commission’s decision in relation to (...)
The Paris Appeal Court confirms fines imposed by the French Competition Authority in telecommunication cases (Mobile Phone Cartel)
France: The Paris Appeal Court upholds Fines imposed by the French Competition Authority in Telecommunications Case*
On 30 June 2011, the Paris Court of Appeal upheld the fine that had been imposed by the French Competition Authority in the mobile telephony sector. This ruling follows a (...)
The Paris Court of Appeal confirms the decision of the French Competition Authority in the mobile telephony case by adopting the same arguments without clarification regarding the new requirement of proof of harm to the economy (Orange France)
The ruling by the Paris Court of Appeal of 30 June 2011 in connection with decision N° 05-D-65 (hereinafter Decision) of the Competition Council (which has now become the Competition Authority) opens new perspectives for thinking about certain issues such as (i) the criteria for sanctions in (...)
The Italian Competition Authority detects and punishes a cartel between a trade association and 20 trucking companies that haul freight to or from Italy aimed at fixing the size and form of price increases applied to their customers (International logistics)
The Italian Competition Authority (hereinafter “AGCM”) has fined a trade association and 20 trucking companies that haul freight to or from Italy a total of € 76.447.677 for operating a single and complex price-fixing cartel having as its object the restriction of competition for at least five (...)
The EU Court of Justice issues preliminary ruling holding that national courts need to balance on a case-by-case basis the interest of preserving the effectiveness of leniency programs and that of facilitating private enforcement by third parties (Pfleiderer)
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On 14 June 2011, the European Court of Justice (ECJ) handed down a key judgment regarding the interplay between national leniency programmes and the right of (...)
The Portuguese Competition Authority fines industrial cleaning firms for anti-competitive bid-rigging and information exchange (Conforlimpa - Multiserviços and Number One - MultiServices)
On June 2, 2011, the Portuguese Competition Authority (PCA) announced, through its Press Release Nr. 5/2011, that it has imposed fines totalling EUR 316.3 thousand on two industrial cleaning firms in Portugal which it has found had colluded on cleaning services contracts.
The PCA has concluded (...)
The Estonian Supreme Court acquits road constructions cartel participants based on individual exemption (Teedeehitus / Mr. Kaupo Kaljuvee)
On 4 May 2011 the Estonian Supreme Court dismissed charges against a road construction company KPK Teedeehitus and its executive Mr. Kaupo Kaljuvee in relation to price coordination, market sharing and information exchange regarding prices in connection with a public procurement for road (...)
The Chinese National Development and Reform Commission fines an international brand consumer products company for disseminating information on price increases and disrupting market order (Unilever)
China’s price law and regulations expressly stipulate the form of and legal liability for disseminating information of price increases. Article 14 of the Price Law of the People’s Republic of China stipulates that no operator shall engage in falsifying and disseminating information of price (...)
The Spanish Competition Authority fines an association in the canned food industry for implementing a collective recommendation of prices for the sector (ANFACO / Conserveras)
On 31 March 2010, the Council of the Spanish Competition Commission (hereinafter “the Council”, “the NCC”) imposed a fine of € 100,000 on the Natonal Canned Food Association (“Asociación Nacional de Fabricantes de Conservas y Mariscos”) (“ANFACO”, “the Association”) for implementing a collective (...)
The Brussels Court of Appeal clarifies the scope of business secrets and anticompetitive exchanges of information in court actions between competitors (KPN / Beldiscom)
Introduction
In a judgment dated 24 March 2011, the Brussels Court of Appeal ruled that the protection of business secrets prevents the exchange between competitors of detailed information on mobile phone subscriptions contained in an expert report produced in a Court action between KPN and (...)
The US DoJ announces that a company agreed to plead guilty and to pay a fine in a color display tube price-fixing cartel (Samsung)
On March 18, 2011, the DOJ announced that Samsung SDI (“Samsung”) agreed to plead guilty in a color display tube (“CDT”) price-fixing conspiracy and to pay a $32 million criminal fine. On the same day, the DOJ filed a one-count felony information in the US District Court for the Northern District (...)
The German Bunsdekartellamt imposes € 38 M fine on three consumer goods manufacturers for illegal exchange of competition relevant information concerning the state of negotiations with major retailers and prices increases (Kraft Food / Unilever / Dr. August Oetker)
Germany: Multi-million Fines imposed on Manufacturers of Consumer Goods*
On 17 March 2011, the Bundeskartellamt (BKartA) imposed fines totalling € 38 000 000 on three manufacturers of consumer goods on account of the illegal exchange of competition relevant information infringing German and (...)
The French Competition Authority fines four companies for bid rigging in the painting services sector for naval equipment and engineering structures (Philippe Lassarat, Prezioso-Technilor, Grivetto, Sorespi Bretagne)
In its decision dated 24 February 2011, the French Competition Authority (the "Competition Authority") considered that four companies had concluded anticompetitive arrangements between 2005 and 2006 by fixing their prices to respond to procurements launched in the painting services sector for (...)
The French Competition Authority fines four companies that rigged bids for procurement contracts in the sector for painting services for naval equipment and engineering structures (Grivetto / Philippe Lassarat / Prezioso-Technilor / Sorespi Bretagne)
The Autorité de la concurrence fines four companies that rigged bids for procurement contracts in the sector of painting services for naval equipments and engineering structures*
After the French Minister of economy referred the file to it, the Autorité de la concurrence issues today a decision (...)
The French Competition Authority fines four companies for bid rigging in the painting services sector for naval equipment and engineering structures (Philippe Lassarat, Prezioso-Technilor, Grivetto, Sorespi Bretagne)
In its decision dated 24 February 2011, the French Competition Authority (the "Competition Authority") considered that four companies had concluded anticompetitive arrangements between 2005 and 2006 by fixing their prices to respond to procurements launched in the painting services sector for (...)
The Moldovan Competition Authority finds concerted practices on the market for retail of oil derivatives (Petroleum companies)
On 17 February 2011 the Moldovan Competition Authority (ANPC) established that 7 petroleum companies (ICS Lukoil Moldova SRL, ICS Petrom-Moldova SA, ICS Bemol Retail SRL, IM Rompetrol Moldova SA, IM Tirex Petrol SA, SC Parstar Petrol SRL, Valieximp SRL) engaged in a concerted practice of fixing (...)
The US DoJ obtains guilty pleas in the aftermarket auto lights investigation
On February 8, 2011 the DOJ filed its first charge in its ongoing investigation into an alleged global cartel involving the aftermarket auto lights industry. The defendant, Polo Shu-Sheng Hsu, agreed to serve six months in prison and pay a $25,000 fine for his participation in the conspiracy. (...)
The Spanish Competition Authority fines a perfumes and cosmetics association for anti-competitive exchange of information (STANPA)
On 7 February 2011, the Spanish Competition Authority adopted a decision fining the Spanish perfumes and cosmetics association (STANPA) for facilitating several anti-competitive exchanges of competitively sensitive information among its members between 2004 and 2008.
According to the decision, (...)
The Spanish Competition Authority fines a perfumes and cosmetics association for anti-competitive exchange of information (STANPA)
On 7 February 2011, the Spanish Competition Authority adopted a decision fining the Spanish perfumes and cosmetics association (STANPA) for facilitating several anti-competitive exchanges of competitively sensitive information among its members between 2004 and 2008.
According to the decision, (...)
The Spanish Competition Commission fines an association for exchanging commercially sensitive information capable of restricting competition in the perfume and cosmetics sector (Asociación Nacional de Perfumería y Cosmética / STANPA)
On February 7, 2011, the Spanish Competition Commission (Comisión Nacional de la Competencia, the “CNC”) fined Asociación Nacional de Perfumería y Cosmética (“STANPA”) €901,518.16 for exchanging commercially sensitive information capable of restricting competition in the perfume and cosmetics sector in (...)
The French Competition Authority fines 14 companies 9 803 590 M € for having shared almost all public markets for the restoration of historic monuments
I. Background
Following the concern over an anomaly in the process of offers of the Regional Organisation for Cultural Affairs (DRAC) in the Haute-Normandie area on the 16th March 2001; an inquiry by the French Competition Authority (predecessor to the Competition Authority) was held into the (...)
The UK Office of Fair Trading adopts decision in loan pricing case concluding that banks engaged in anticompetitive pricing of loan products to large professional services firms (Royal Bank of Scotland / Barclays)
United Kingdom: The Office of Fair Trading (OFT) adopts Decision in Loan Pricing Case*
On 20 January 2011, the OFT issued a decision that the Royal Bank of Scotland (RBS) and Barclays Bank engaged in anticompetitive practices in relation to the pricing of loan products to large professional (...)
The EU Commission publishes new guidelines on the applicability of article 101 TFEU to horizontal co-operation agreements
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On January 14, 2011, the European Commission (the “Commission”) published new Guidelines on the Applicability of Article 101 TFEU to Horizontal Co-operation (...)
The EU Commission issues new guidelines on the applicability of Art. 101 TFEU to horizontal co-operation agreements equating information exchanges between competitors with cartels
Information exchange=cartel?*
Many have praised the inclusion of some guidance on exchanges of information within the new EU Guidelines on horizontal agreements. Personally, I agree with those arguing that guidance from the Commission was necessary, and I acknowledge that there are some useful (...)
The EU Commission issues new guidelines on horizontal co-operation agreements focusing on information exchanges under Art. 101 TFEU
Information Exchange and Cartels – Dangerous Liaisons?*
Are information exchanges really = cartels under EU competition law?
The issue has triggered many discussions on the blog lately. I just thought I’d post my own ruminations on this.
The Guidelines do not really say that information (...)
The EU Commission publishes a set of documents dealing with cooperation between competitors
On 14 December 2010, the European Commission (the «Commission«) published a set of documents dealing with cooperation between competitors, comprised of guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union («TFEU«) (the «EU Guidelines«) and two new (...)
The UK Competition Authority negotiates an agreement limiting the exchange of pricing data among car insurers (Motor Insurers)
This article is the winner for business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to read more about the Antitrust Writing Awards.
Summary
Britain’s Office of Fair Trading (the UK consumer and competition authority) has negotiated an agreement that (...)
The UK Competition Authority launches a consultation on its intention to accept binding commitments to modify a data exchange tool used by motor insurers (Motor Insurers)
The European Commission’s revised Guidelines on Horizontal Cooperation have met with mixed reactions from practitioners and businesses, especially insofar as information exchange is concerned. However, a decision of the UK Office of Fair Trading (“OFT”) applying the new Guidelines gives a (...)
The Italian Administrative Court of Last Instance confirms the legitimacy of the Competition Authority’s decision, quashed by the Court of First Instance, according to which the exchange of commercial information which are not “genuinely public” are, per se, anticompetitive (IAMA)
In its judgment delivered on 29 December 2010, the Italian Last Instance Administrative Court (“Consiglio di Stato”), reversed the judgment of the First Instance Administrative Court (“TAR Lazio”) on the “IAMA” case, and confirmed the restrictive approach taken by the Italian Competition Authority (...)
The UK Court of Appeal rules out shifting of antitrust liability onto employees (Safeway Stores / Twigger)
An attempt by a UK supermarket retailer to shift the burden of a £16.45 million fine for an antitrust infringement onto its former employees was recently defeated in the UK Court of Appeal (Court). This case has raised a novel, but significant question for English law as to extent of the public (...)
The French Competition Authority fines 4 welding electrode producers for collusive tendering (Le Bronze Industriel, Schrub, Ohlmann and Weldur)
On 16 December 2010, the French Competition Authority imposed fines totalling € 101,000 on four welding electrode producers (Le Bronze Industriel (LBI); Schrub; Ohlmann and Weldur) for colluding on tenders to supply car manufacturers Renault and Peugeot between 2002 and 2005.
In its decision, (...)
The Italian Competition Authority fines a number of large retailers for cosmetic and health care products (Cartel of large retailers for cosmetic and health care products)
Italy’s competition authority (“ICA”) has fined 15 companies, including units of Sara Lee Corp., L’Oreal and Johnson & Johnson, more than € 81 M ($ 107 M) for an alleged long-running scheme to coordinate list prices sent to large retailers for cosmetic and health care products. The highest fine, (...)
The Italian Competition Authority fines personal care products cartel (Unilever Italia / Colgate-Palmolive / Procter & Gamble / Reckitt-Benckiser)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)
The EU Commission adopts revised competition rules on horizontal co-operation agreements
The European Commission has revised its rules for the assessment of co- operation agreements between competitors, so called horizontal co-operation agreements. The new rules consist of two updated Block Exemption Regulations covering R&D and specialisation / joint production agreements and (...)
The EU Commission issues new guidelines on horizontal cooperation agreements under Art. 101 TFEU
Exchanges of Information and the New Horizontal Guidelines: Barolo or Beaujolais?*
One of the ‘novelties’ of the Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements, released by the Commission on Dec. 14, (...)
The European Commission revises competition rules regarding horizontal cooperation agreements
On December 14, 2010, the European Commission (the Commission) published a package of measures containing revised rules and guidelines for the assessment of cooperation agreements between competitors (horizontal cooperation agreements). In particular, these measures provide new and more (...)
The French Competition Authority issues the report on its sector inquiry into category management
France: The Autorité de la concurrence issues the Report on its Sector Inquiry into Category Management
On 7 December 2010, the Autorité de la concurrence published the results of its sector Inquiry into Category Management. Category management agreements are agreements by which, within a (...)
The Japan Fair Trade Commission clears a planned search engine partnership between two multinational corporations specializing in Internet-related services and products (Google and Yahoo Japan)
Yahoo Japan’s Use of Technological Service Such As Search Engine Provided by Google (Tentative translation)*
Japan Corporation (Yahoo Japan) would use search engine and search-advertising platform (hereinafter referred to as “search engine etc.”) provided by Google Inc. (Google), upon the (...)
The Hungarian Competition Authority fines hard-core milling cartel over €8 million (Cerbona Élelmiszeripari és Kereskedelmi)
On 28 October 2010, the Hungarian Competition Authority (“GVH”) issued a decision fining a number of milling companies a total of HUF 2.3 billion (approximately €8.4 M) for their participation in a hard-core cartel. The companies were found to have committed a complex and continuous infringement (...)
A Czech Regional Court confirms a fine for the concerted practices of bakeries (Delta Pekárny / Odkolek / Penam)
On 21 October 2010, the Regional Court in Brno (the “Court”) confirmed a fine of almost CZK 53 M imposed on three Czech bakeries, DELTA PEKÁRNY, a.s., ODKOLEK, a.s. and PENAM, a.s. (the “Bakeries”). The fine was imposed by the Chairman of the Czech Competition Authority (the “Authority”) by his (...)
The Swiss Competition Authority fines firms dealing with window and window doors a total of 7.6 million CHF for fixing the date and level of price increases (Window mounting cartel)
I. Summary
The Swiss Competition Commission fines firms dealing with window and window doors a total of 7.6 million CHF for fixing the date and level of price increases.
II. Case
A. Parties/market structure
Leading procuders of mountings for windows and window doors Roto Frank AG, Germany (...)
The US DoJ issues indictments and announces guilty pleas for price-fixing cartel in the thin-film transistor liquid crystal display panels sector (TFT-LCD Investigation)
On October 14, 2010, the former vice president of sales and marketing for Chi Mei Optoelectronics Corp. (“Chi Mei”), Hsin-Tsung Wang, was indicted on price-fixing charges relating to the sale of thin-film transistor liquid crystal display panels (“TFT-LCD”), which are commonly used in televisions, (...)
The UK OFT issues a statement of objections to two banks concerning alleged exchange of confidential information on price (Royal Bank of Scotland / Barclays)
United Kingdom: Office of Fair Trading (OFT) proceeds with Loan Pricing Case
On 29 September 2010, the OFT issued a Statement of Objections to the Royal Bank of Scotland (RBS) and Barclays in respect of alleged disclosure of confidential and commercially sensitive future pricing information. (...)
The Bulgarian Supreme Administrative Court upholds the decision of the Competition Authority establishing the existence of a cartel on the market for poultry meat and eggs (Bulgarian Poultry Breeders Union)
On 15 September 2010 the Bulgarian Supreme Administrative Court (SAC) upheld the decision of the Bulgarian Competition Authority (CPC) establishing that the members of the Bulgarian Poultry Breeders Union (SPB) have infringed the national equivalent of Article 101 TFEU by coordinating prices (...)
The Czech Office for the Protection of Competition fines five participants in the cathode ray tubes cartel under national antitrust law (CRT cartel)
In a first-instance decision of 13 September 2010, the Czech Office for the Protection of Competition concluded that from 1998 to 2006, Samsung SDI, Chunghwa Picture Tubes, Koninklijke Philips Electronics, Technicolor, Panasonic, Toshiba and LG Electronics formed a prohibited cartel in the (...)
The Danish Supreme Court enhances fines in case involving anticompetitive practices in the bus transport industry (Danske Busvognmænd)
On 30 August 2010 the Danish Supreme Court (Højesteret) handed down a judgment in the case of the Public Prosecutor vs. Danske Busvognmaend (Danish Bus Operators) in a case regarding anticompetitive practices. Only the question of the amount of the fine was at issue before the Danish Supreme (...)
The Danish Supreme Court enhances fines in case involving anticompetitive practices in the Christmas tree industry (Dansk Juletræsdyrkerforening)
On 30 August 2010 the Danish Supreme Court (Højesteret) handed down a judgment in the case of the Public Prosecutor vs. Dansk Juletraesdyrkerforening (Danish Christmas tree Growers Association) in a case regarding anticompetitive practices (price recommendations). Only the question of the amount (...)
The Bulgarian Supreme Administrative Court dismisses liability for participation in a cartel when the undertaking is not active in the market concerned (Vegetable Oil Cartel)
The Bulgarian Supreme Administrative Court (the “SAC”) dismissed liability for participation in a hard-core agreement with respect to parties that were not active in the market concerned by it. The grounds of judgment do not reveal a particular rationale behind it. However, the ruling invites (...)
A U.S. District Court allows challenge to alleged conspiracy formed through public statements (AirTran, Delta)
A recent court decision on alleged “signaling” of competitive plans between airlines highlights the antitrust risks of making detailed public statements about future business plans. On August 2, 2010, a federal district court in Atlanta refused to dismiss an airline passenger class action (...)
The Spanish National Competition Authority imposes fines to eight wine cellars for their participation in a cartel concerning sherry wine and also condemns the Regulating Council of the name of origin of sherry wine for its role as a facilitator (Vinos Finos de Jerez)
Introduction
The Spanish National Competition Authority imposed a 10% turnover fine on Sherry wine producers for establishing coordinated conducts that restricted the wine offer as well as for price fixing.
At a first stage, only the Regulating Council of the Name of Origin of Sherry Wine was (...)
The Paris Court of Appeal reduces fines in rail track maintenance cartel case (Colas Rail / Pichenot Bouillé / Offroy / ETF / Vecchietti)
On 29 June 2010, the Paris Court of Appeal handed down its judgment in the appeals brought against a decision of the French Competition Authority of July 2009, which found that five rail track maintenance companies had infringed Article 81 EC (now Article 101 TFEU) and its French equivalent by (...)
The Lisbon Trade Court affirms the Portuguese Competition Authority’s infringement decision against an association of undertakings for exchanging information with its members on bread prices (Lisbon Breadmakers’ Association)
On 25 June 2010, the Tribunal de Comércio de Lisboa (Lisbon Trade Court) dismissed the appeal against the Autoridade da Concorrência’s (Portuguese Competition Authority) infringement decision regarding the Associação dos Industriais de Panificação de Lisboa (Lisbon Breadmakers’ Association - the (...)
The EU Commission fines 17 bathroom equipment manufacturers for a price-fixing cartel and applies a "financial constraints" discount to 5 of them (Artweger / Cisal)
The European Commission (Commission) yesterday announced fines imposed on seventeen companies totalling EUR 622 million for a price fixing cartel relating to bathroom equipment (IP/10/790). This is the Commission’s second cartel decision of 2010 and follows the Commission’s first cartel (...)
The EU Court of Justice confirms €249.6M fine in a cartel on the plasterboard market (Lafarge)
On 17 June 2010, the European Court of Justice rejected an appeal brought by Lafarge SA (“Lafarge”) against the judgment of the General Court confirming the Commission’s decision to impose a fine totaling € 249.6 million on it for its participation in a cartel on the plasterboard market.
In 2002, (...)
The German Competition Authority fines a cartel of ophthalmic lenses manufacturers (Rodenstock)
Germany: Manufacturers of Ophthalmic Lenseh es Cartel fined
On 10 June 2010, the Bundeskartellamt imposed fines totalling € 115,000,000 on five leading manufacturers of ophthalmic lenses in Germany (Rodenstock GmbH, Munich, Carl Zeiss Vision GmbH, Aalen, Essilor GmbH, Freiburg, Rupp+Hubrach (...)
The Belgian Competition Council fines four undertakings for participating in a cartel in the radiators market (Masco, Quinn, Radson, Caradon)
Belgium: Fines imposed on Cartel in the Market for Radiators
On 20 May 2010, the Competition Council fined four undertakings for participating in a cartel on the Belgian steel plate radiators market. The investigation of the competition authorities was based on two leniency applications.
The (...)
The European Commission reaches first cartel settlement and imposes fines in the DRAM industry (Micron / Infineon)
On May 19, 2010, the EC announced that, for the first time, it had resolved a cartel case through the use of its settlement procedure. The groundbreaking settlement resolved the EC’s investigation of ten producers of Dynamic Random Access Memory (“DRAM”) chips used in computers and servers. As the (...)
The European Commission opens consultation on guidelines on horizontal cooperation agreements
On 4 May 2010, the Commission opened a public consultation on the treatment of various types of horizontal cooperation agreements under the EU competition rules. The consultation forms part of the Commission’s preparation of new block exemption regulations and guidelines for horizontal (...)
The EU Commission publishes draft rules for the assessment of horizontal cooperation agreements under competition law
European Commission publishes draft guidelines on horizontal agreements and R&D block exemption regulation*
On 4 May 2010 the European Commission published, for public consultation, draft guidelines on horizontal agreements and two related draft block exemption regulations, including one (...)
The Bulgarian Competition Authority fines € 90.000 a professional association for setting and disseminating recommended prices for construction services (Bulgarian Construction Chambers)
On 4 May 2010 the Bulgarian Competition Authority (CPC) concluded its investigation into the existence of anticompetitive practices on the national market for construction services and prosecuted the Bulgarian Construction Chamber (KSB) for the infringement of national equivalent of Article (...)
The UK Office of Fair Trading drops allegations in dairy cartel investigation (Tesco / Morrisons)
On 30 April 2010, the Office of Fair Trading (« OFT ») announced it was dropping a number of allegations in its dairy cartel investigation. The OFT conceded there was insufficient evidence of antitrust infringement in the information exchanges it had been investigating since 2003. The OFT (...)
The EU General Court largely confirms fines in appeal of industrial threads decision (Oxley Threads)
On 28 April 2010, the General Court issued its judgments on appeals brought by six industrial thread producers against a Commission decision finding that they had infringed Article 101 TFEU through their participation in price-fixing cartels.
In its decision of 14 September 2005, the (...)
The UK Competition Authority issues first short-form opinion under new process (Makro-Self Service, Palmer & Harvey)
United Kingdom: The Office of Fair Trading (OFT) issues first Competition Advice under new Process
On 27 April 2010, the OFT made use for the first time of its new ‘Short-form Opinion’ process by issuing advice to grocery wholesalers Makro-Self Service and Palmer & Harvey following a request (...)
The UK Competition Authority issues statement of objections against two airlines (Cathay Pacific Airways, Virgin Atlantic)
United Kingdom: The Office of Fair Trading (OFT) issues Statement of Objections against Cathay Pacific Airways and Virgin Atlantic
On 22 April 2010, the Office of Fair Trading issued a Statement of Objections alleging that Cathay Pacific Airways and Virgin Atlantic infringed competition law (...)
The UK OFT finds that Tobacco manufacturers and retailers participated in agreements and/or concerted practices whereby the manufacturers set the retailers’ retail prices for its tobacco products which restricted the retailers’ ability to determine their retail price of competing tobacco products (ITL / Gallaher / Asda / the Co-op / First Quench / Morrisons / T&S / Safeway / Sainsbury / Shell / Somerfield / TM Retail)
Description of the impugned case
The OFT’s Chapter I investigation was initiated in March 2003 following receipt of information from Sainsbury under the OFT’s leniency policy, which, along with information obtained during a previous Chapter II investigation into ITL, gave the OFT reasonable (...)
The Austrian Cartel Court imposes fines on printing chemical wholesalers (Donau Chemie / DC Druck-Chemie / Brenntag / Ashland)
Austria: Fines imposed on Printing Chemical Wholesalers
On 14 April 2010, the Austrian Cartel Court imposed fines totalling € 1,500,000 on the Donau Chemie, DC Druck-Chemie, Brenntag and the Ashland groups for having infringed Article 101 TFEU. All of the addressees of the Cartel Court’s (...)
The Dutch Trade and Industry Appeal Tribunal grants a 10% fine reduction for its own delay in dealing with the appeal in construction bid rigging case
On 14 June 2004, the Dutch competition authority (the NMa) imposed fines on 12 roofing companies for infringing article 6 of the Dutch Competition Act, the equivalent of article 101 of the Treaty on the Functioning of the European Union, which prohibits anti competitive agreements.
The NMa (...)
The French Supreme Court penalizes again exchanges of information on overall sales volumes (Bouygues Télécom / SFR / Orange France / UFC Que Choisir)
On 7 April 2010, the Supreme Court quashed the judgment of the Paris Court of Appeal which had been unusually severe in finding a restrictive agreement from information exchanges between Orange, SFR and Bouygues Telecom distorting the conditions for unlawfulness set out in the famous John Deere (...)
The UK Office of Fair Trading fines £28.6 million for price fixing cartel in the bank industry (Royal Bank of Scotland)
Reckless Bank Saved by the Taxpayer Will Now Pay Cartel Fine*
British bank, Royal Bank of Scotland (RBS), has agreed to pay a fine of £28.6 million for price fixing. RBS employees shared confidential pricing information concerning commercial loans, with their counterparts at Barclays, who (...)
The UK Office of Fair Trading fines a bank £28.59 million for information exchange (Royal Bank of Scotland)
The UK Office of Fair Trading (OFT) reported that it had fined the Royal Bank of Scotland (RBS) £28.59 million for breaches of competition law, on 30 March 2010.
The case came to light following a leniency application by Barclays Bank (Barclays), who received immunity from fines in return for (...)
The EU Commission adopts new and streamlined insurance block exemption
The European Commission has today adopted a new Insurance Block Exemption («New IBER»), exempting certain categories of cooperation in the insurance sector from the prohibition against anticompetitive cooperation contained in Article 101(1) of the Treaty on the Functioning of the EU («TFEU»). It (...)
The Danish Competition Authority adopts a commitment decision lifting a ban on reporting of sales prices and contribution margins (Bestseller)
On 24 March 2010, the Danish Competition Council adopted a commitment decision, cf. section 16 a of the Danish Competition Act, allowing Bestseller A/S to regain access to price information from its franchise partners - irrespective of a previous injunction issued by the Competition Council in (...)
The Czech Regional Court in Brno rules that the Competition Office is under duty to return along with a refunded fine the default interest on it (Českomoravská stavební spořitelna)
I. Introduction
On 2 March 2010, the Regional Court in Brno issued a judgment holding that the Competition Office, following the annulment of its decision by an appellate court, is under the duty to repay to the undertaking previously fined not only the amount of the fine but also the default (...)
The Spanish Competition Appeal Court reduces the fine imposed on a savings bank for lack of assessment on the anticompetitive effects caused by the exchange of information and other restrictions by effect (Bilbao Bizkaia Kutxa)
In its judgment of December 10, 2009 on the appeal brought by Bilbao Bizkaia Kutxa (“BBK”) against the Decision of the Spanish National Competition Authority (hereinafter CNC) of October 18, 2007 in the Basque and Navarre Savings Banks,case, the “Audiencia Nacional” has halved the fine imposed by (...)
The Polish Competition Authority issues the highest fine of €99.5 million in its history for breaching Polish National Law for companies operating on the cement market (Cement Cartel)
On December 8, 2009, the Polish competition authority, the President of the Office for Competition and Consumer Protection, issued a decision in which it found that 11 companies operating on the cement market entered into an anticompetitive agreement breaching Polish national law and the EU (...)
The Polish Competition Authority imposes the biggest fine in its history on members of a cement cartel (Lafarge Cement)
The cement market in Poland and main proceedings
The market for grey cement in Poland is shared between several former state-owned companies. This market structure, inherited after centrally planned economy, was subsequently preserved by international entities, which had acquired local cement (...)
The Finnish Market Court uphelds Competition Authority decision on fines for timber cartel (Stora Enso / Metsäliitto / UPM-Kymmene)
Article published in ECN Brief 02/2010 (click here). The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN: "The information provided by the ECN Brief is (...)
The Turkish Competition Board decides that several chicken producers and their professional association distorted competition by establishing a cartel and inflicts fines (Abalıoglu, Banvit, Beypi, CP, Erpilic, Keskinoglu, Pak Tavuk, Seker Pilic and Sen Pilic)
The Competition Board (“CB”), at its discretion, sentenced nine leading undertakings, namely Abalıoglu, Banvit, Beypi, CP, Erpilic, Keskinoglu, Pak Tavuk, Seker Pilic and Sen Pilic to pay a fine of 0.8% of their gross income as accrued at the end of the year 2008. Moreover, the CB had increased (...)
The Italian Competition Authority launches an investigation into possible anticompetitive agreements involving a trade association and international freight forwarders (Fedespedi)
Italy: Antitrust Authority launched an Investigation into possible Agreements restricting Competition involving the Fedespedi Trade Association and 20 international Freight Forwarders
On 18 November 2009, the Italian Competition Authority launched an investigation to ascertain the existence of (...)
The Danish Competition Authority adopts a commitment decision to prevent the exchange of cost information between industrial laundries (Textile Services Association)
On 25 November 2009, the Danish Competition Council adopted a commitment decision, cf. Section 16 a of the Danish Competition Act, whereby the Textile Services Association undertook to cease the exchange of a cost index for industrial laundries and to disband the association’s cost-index (...)
The European Commission fines plastic additives manufacturers for price fixing and market sharing cartels (Akzo Nobel , Elementis, Elf Aquitaine, BASF)
"The heat stabilisers cartels"*
I. Introduction
On 11 November 2009, the Commission adopted a prohibition decision against suppliers of tin stabilisers and ESBO/esters (two types of heat stabilisers) and one consultancy firm. The Decision found that they had operated two single and continuous (...)
The EU Commission fines cartellists in a plastic additives sector highlighting the risk of "facilitating" cartel participation (AC-Treuhand)
On 11 November 2009, the European Commission (the « Commission ») fined 24 companies a total of € 173 million for operating cartel arrangements in the plastic additive sector. The companies fixed prices, shared customers, allocated markets, and exchanged sensitive commercial information for tin (...)
The Lithuanian Supreme Administrative Court partly upholds the Competition Authority decision which fines members of paper cartel (Schneidersöhne Baltija)
Lithuania: Supreme Court partly upholds Authority Decision in Paper Case
On 16 October 2009, the Lithuanian Supreme Administrative Court partly upheld a decision of the Competition Council of 26 October 2006 finding an infringement of Article 5 of the Lithuanian Law on Competition and of (...)
The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on several manufacturers of cathode ray tubes for televisions for having implemented a price-fixing agreement (MT Picture Display)
Cease-and-Desist Order and Surcharge Payment Orders against Manufacturers of Cathode Ray Tubes for Televisions*
The Japan Fair Trade Commission (hereinafter “JFTC”) investigated entrepreneurs manufacturing and selling the cathode ray tubes for televisions in accordance with the provisions of the (...)
The Finnish Supreme Administrative Court backs up the Competition Authority and for the first time ever presents its view on the level of fines imposed in cartel cases (Asphalt cartel)
On 29 September 2009, following appeals against the Market Court’s decision by both the Finnish Competition Authority (“FCA”) and the defendant companies alleged to have participated in the asphalt cartel, the Supreme Administrative Court (“SAC”) delivered its long awaited judgment. For the first (...)
The Spanish Competition Authority breaks up cement cartel (Hormigones Cántabros)
On 22 July 2009, the Spanish Competition Authority adopted a decision fining eight concrete producers (Candesa, Devasa, Hormigones Cántabros, Hongomar, Quinsa, Rosillo, Hormigones y Minas and Tracman) for their participation in a cartel between 1993 and 2003 in the Cantabria region. In (...)
The Slovak Competition Authority imposes fine of €10.2 million on banks for their involvement in an alleged cartel (Erste Group / Intesa Sanpaolo / KBC Groep)
According to a press release of 12 June 2009, the Slovak Competition Authority has imposed fines on three foreign-owned banks operating in Slovakia, Slovenska sporitelna, a.s. (Erste Group), Ceskoslovenska obchodna banka, a.s. (Intesa Sanpaolo) and Vseobecna uverova banka, a.s. (KBC Groep) for (...)
The Lithuanian Supreme Administrative Court upholds the appeals against the NCA’s decision and orders a reinvestigation of the role of two dairies in the non-pricing information exchange scheme (Dairies III)
On 11 June 2009 the Lithuanian Supreme Administrative Court (LSAC or the Court) overruled the earlier judgment of the Vilnius District Administrative Court (VDAC) and upheld the appeals brought by two dairy firms - AB Rokiðkio sûris (RS) and UAB Marijampolës pieno konservai (MPK) - against the (...)
The EU Court of Justice clarifies the notion of concerted practice and holds that a single meeting amongst competitors where they exchanged sensitive information can be caught by EU antitrust rules (T-Mobile Netherlands)
Concerted practices, greyhounds, swans and alcoholmeters*
Adam Smith wrote in the Wealth of Nations that “two greyhounds, in running down the same hare, have sometimes the appearance of acting in some sort of concert. Each turns her towards his companion, or endeavours to intercept her when his (...)
The Swedish Market Court imposes record fines of €50 M against cartel members (NCC / Peab Asfalt)
In a judgment of 28 May 2009 the Swedish Market Court (MD 2009:11) found that three of the major asphalt companies in Sweden (NCC, Peab and Skanska) together with a subsidiary of the Swedish Road Administration, Vägverket, had shared markets, agreed on prices and shared information in tenders in (...)
A German court examines a €600 M damages claim against bleaching cartel (CDC)
According to a press release of 23 April 2009, Cartel Damage Claims Hydrogen Peroxide SA (“CDC HP”), a Brussels-based part of CDC, has filed an action for damages before the Regional Court of Dortmund against six members of the hydrogen peroxide cartel, namely Evonik Degussa GmbH, Akzo Nobel (...)