Exchange of information

Anticompetitive practices

The US DoJ welcomes the support of the AGs of Minnesota, California, North Carolina and Tennessee in an ongoing antitrust lawsuit against an agri-tech company for organizing and managing anticompetitive information exchanges among broiler chicken, pork and turkey processors (Agri Stats) Free
US Department of Justice (Washington)
Four States Join Justice Department’s Suit Against Agri Stats for Organizing and Managing Unlawful Information Exchanges Among Chicken, Pork, and Turkey Processors* Today, the Attorneys General of Minnesota, California, North Carolina and Tennessee joined a civil antitrust lawsuit filed by (...)

The Brazilian Competition Authority convicts a cartel in the distribution and resale market of LPG in the midwest region
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE convicts LPG cartel in the Brazilian Midwest* The Tribunal imposed fines on 42 individuals and firms. The fines totalled more than BRL 26 million On the hearing of 13 September, the Administrative Council for Economic Defense (CADE) convicted 26 companies and 16 individuals for a (...)

The Austrian Cartel Court imposes a €27M fine on a leading construction company in Central and Eastern Europe for cartel behaviour (Swietelsky)
Austrian Competition Authority (Vienna)
Construction cartel: Cartel Court imposes a fine of EUR 27.15 million on Swietelsky at AFCA’s request* The Cartel Court issued a decision on 27 March 2023, finding that Swietelsky breached the ban on cartels in the form of a single and continuous infringement and imposing a fine of EUR 27.15 (...)

The US DoJ sues an agri-tech company for organizing and managing anticompetitive information exchanges among broiler chicken, pork and turkey processors (Agri Stats)
US Department of Justice (Washington)
Justice Department Sues Agri Stats for Operating Extensive Information Exchanges Among Meat Processors* Agri Stats Suppresses Competition by Organizing and Managing Scheme to Share Competitively Sensitive Information Among Protein Processors The Justice Department filed a civil antitrust (...)

The Romanian Competition Authority conducts dawn raids at the premises of 10 financial institutions as part of a new investigation into possible arrangements to limit consumers’ access to credit products and services for individuals (Credit Bureau / Romanian Association of Banks / Alpha Bank / CEC Bank...)
Romanian Competition Council (Bucharest)
COMPETITION COUNCIL COMPLETES THE UNANNOUNCED INSPECTIONS IN THE BANKING SECTOR* The Competition Council has completed the unannounced inspections carried out at ten banks, as well as at the Credit Bureau and the Romanian Association of Banks. The banks inspected are: Alpha Bank Romania (...)

The Austrian Competition Authority files an application with the Cartel Court to impose a fine of €9.8M on a construction firm for bid rigging (Granit Group)
Austrian Competition Authority (Vienna)
Construction cartel update: AFCA applies to the Cartel Court to have a fine of EUR 9.8 million imposed on the Granit Group* As part of its successful investigations into the construction industry, the Austrian Federal Competition Authority (AFCA) filed another application with the Cartel (...)

The Austrian Competition Authority files an application with the Cartel Court to impose a fine of €1.4M on a construction firm for bid rigging (Fröschl)
Austrian Competition Authority (Vienna)
Construction cartel update: AFCA applies to the Cartel Court to have a fine of EUR 1.4 million imposed on Fröschl* As part of its successful investigations into the construction industry, the Austrian Federal Competition Authority (AFCA) filed another application with the Cartel Court on 05. (...)

The South African Competition Authority holds a workshop on anticompetitive exchanges of information to alert industry of the risk of noncompliance
South African Competition Commission (Pretoria)
COMMISSION ENGAGES STAKEHOLDERS ON THE EXCHANGE OF COMPETITIVELY SENSITIVE INFORMATION* The Competition Commission (Commission) today hosted a hybrid workshop for trade associations, business stakeholders, and sector regulators in Fourways, Johannesburg to raise awareness of the permissible (...)

The Dutch District Court of Rotterdam dismisses a challenge to fines imposed on cigarette manufacturers for illegally exchanging commercially sensitive information (Philip Morris Investments / Philip Morris Benelux / British American Tobacco / JT / Van Nelle Tabak)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 18 July 2023, the Rotterdam District Court dismissed the appeals brought by tobacco manufacturers Philip Morris Investments BV, Philip Morris Benelux BV, British American Tobacco International BV, JT International Company Netherlands BV, and Van Nelle Tabak Nederland BV against fines (...)

The Italian Competition Authority initiates an antitrust investigation into an alleged cartel in the market for automotive fuel (Biofuel Automotive)
Municipality of Cagliari
By a decision made on 11 July 2023 in the Biofuel Automotive Pricing case, the Italian Competition Authority (ICA) has opened an Article 101 TFEU investigation against seven oil companies. The ICA feared that those companies collectively fixed the value of an important element of automotive (...)

The Belgian Competition Authority sends a Statement of Objection to cartelists in the private security sector (Securitas / G4S / Seris)
Belgian Competition Authority (Brussels)
Belgian Competition Authority: statement of objections concerning cartels in the private security sector* On July 6, 2023, the Auditorate of the Belgian Competition Authority (ABC) informed Securitas , G4S and Seris that it has taken a preliminary position regarding possible cartel practices (...)

The Belgian Competition Authority sends a Statement of Objections to a private security provider for bid rigging, exchanging information and price fixing (G4S / Securitas / Seris)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 6 July 2023, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the BCA ) sent a Statement of Objections to the three main market players in the private security sector, namely G4S, Securitas and Seris. This is a significant step in an (...)

The Polish Competition Authority conducts preliminary investigations into collusions in the market for selling farming machines
Polish Competition Authority (Warsaw)
Preliminary investigations into collusions on selling farming machines* Have farming machines of most popular brands been sold in breach of the fair competition rules? President of the Polish Competition Authority (UOKiK or Authority) has instigated three preliminary investigations into this (...)

The Austrian Competition Authority files an application to impose a second fine on a construction company as part of the Authority’s action against a facade construction cartel (Simsek Bau / NFS Bau)
Austrian Competition Authority (Vienna)
Facade construction cartel: AFCA files application to Cartel Court for imposition of a fine of EUR 63,000 on Simsek Bau GmbH* In the course of its investigations into the facade construction sector, the Austrian Federal Competition Authority (AFCA) filed an application with the Cartel Court (...)

The Canadian Competition Authority publishes enforcement guidelines on recently criminalized wage-fixing and no-poach agreements
Baker McKenzie (Toronto)
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Baker McKenzie (Toronto)
In brief The Canadian Competition Act was recently amended to, among other things, criminalize wage-fixing and no-poach agreements between unaffiliated employers. Following a one-year grace period for permitted Canadian employers to ensure they are in compliance, the criminal prohibition (...)

The Brazilian Competition Authority recommends convicting cartelists for price fixing, bid rigging, exchanging commercially sensitive information and market sharing in the nuclear power industry
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Office of the Superintendent-General of CADE recommends convicting cartel in procurement for Angra 3 power plant services* The Tribunal of CADE is to adjudicate and give a final decision on the case. The Office of the Superintendent-General of CADE submitted for adjudication by the (...)

The UK Competition Authority provisionally finds that 5 banks broke competition law by exchanging information on their trading strategies on UK bonds (Citi / Deutsche Bank / HSBC / Morgan Stanley / Royal Bank of Canada)
UK Competition & Markets Authority - CMA (London)
CMA provisionally finds 5 banks broke competition law on UK bonds* The CMA has provisionally found these banks unlawfully exchanged sensitive information regarding UK government bonds in one-to-one online chats. The Competition and Markets Authority (CMA) has provisionally found that 5 (...)

The Brazilian Competition Authority signs a leniency agreement with a producer of car breaking systems for cooperating with an investigation into an information exchange cartel (Robert Bosch)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE signs agreement in cartel investigation related to international market of braking systems* On the hearing session of 10 May, the Tribunal of CADE signed a cease and desist agreement with the company Robert Bosch GMBH in a case related to a cartel in the international market of braking (...)

The US DoJ files a proposed amended complaint and consent decree with a fourth poultry producer to address the long-running conspiracy to suppress workers’ wages (George’s Food)
US Department of Justice (Washington)
Justice Department Files Proposed Amended Complaint and Consent Decree with Fourth Poultry Processor, Further Addressing Long-Running Conspiracy to Suppress Workers’ Compensation* Decree Prohibits the Exchange of Compensation Information, Requires Processor to Pay Restitution, and Subjects (...)

The Italian Competition Authority uncovers a collusion in the market for automotive fuel in a duty free area (Livigno Petrol Price)
Municipality of Cagliari
The Italian Competition Authority finds a collusion in the market for automotive fuel in a duty free area* In the Livigno Petrol Price case, the Italian Competition Authority (ICA) has detected a pricing collusion put in practice by several petrol stations active in the territory of the (...)

The Czech Competition Authority sanctions distributors of electronics products for colluding but reduces the penalties as part of the leniency program (Beryko / Witty)
Czech Competition Authority (Brno)
THE OFFICE PUNISHES A CARTEL OF XIAOMI ELECTRONICS DISTRIBUTORS DETECTED THANKS TO THE LENIENCY PROGRAM* In its first-instance decision, the Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 24,467,000 on Beryko s.r.o. for participating (...)

The Paris Administrative Court of Appeal affirms the New Caledonian Competition Authority’s decision to dismiss the complaint filed by a competitor firm over the opening of two hypermarket stores in the Païta and Anse Uaré regions (Hyper U / SDG-Carrefour)
New Caledonia Competition Authority (Noumea)
The Paris Administrative Court of Appeal confirms the Authority’s decision to authorize the two Hyper U of the Ballande group* In two judgments of April 13, 2023, the Paris Administrative Court of Appeal has just confirmed in all respects the decisions of the Authority n°2020-DEC-08 and (...)

The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of several French undertakings in the distribution sector on account of suspicions of anticompetitive practices (Intermarché Casino Achats)
White & Case (Paris)
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Schibsted (Oslo)
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White & Case (Paris)
In its judgments of March 9, 2023 the Court of Justice of the EU (CJEU) annulled the General Court’s (GC) judgment that had partly upheld the European Commission’s (EC) inspection decision, and ruled that the EC had failed to fulfil its obligation to properly record the interviews it conducted (...)

The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices (Les Mousquetaires / ITM Entreprises / Casino / Guichard-Perrachon / Achats Marchandises Casino / Intermarché Casino Achats)
European Court of Justice (Luxembourg)
Judgments of the Court in Cases C-682/20 P |Les Mousquetaires and ITM Entreprises v Commission, C-690/20 P Casino, Guichard-Perrachon and Achats Marchandises Casino v Commission and C-693/20 P Intermarché Casino Achats v Commission* The Court sets aside in part the judgments of the General (...)

The UK Competition Authority issues new guidance on avoiding anti-competitive behaviour for employers
Orrick, Herrington & Sutcliffe (London)
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Orrick, Herrington & Sutcliffe (London)
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Orrick, Herrington & Sutcliffe (London)
The Competition and Markets Authority (the “CMA”) has published new guidance for UK employers on how to avoid anti-competitive behaviour. The aim of this is to ensure staff are paid fairly for their work and can opt to move to another employer where pay and conditions are better. This serves (...)

The UK Competition Authority publishes a guide for employers on how to avoid breaching competition law in labour markets
White & Case (London)
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White & Case (Washington)
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White & Case (Washington)
The UK antitrust authority, the CMA, has recently published a guide for employers on how to avoid breaching UK antitrust law in labour markets. This publication signals the UK’s intent to ratchet up antitrust scrutiny of labour markets – a trend that is gathering momentum across the world, in (...)

The UK Competition Authority advises employers to avoid poaching, wage-fixing, information sharing and other related anticompetitive practices in the labour market
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK Competition and Markets Authority has signalled its interest in bringing enforcement actions in the labour market by issuing guidance to employers on competition law compliance. The guidance warns employers that no-poaching agreements, wage-fixing agreements, and information sharing (...)

The US DoJ rescinds three longstanding pieces of guidance on the exchange of competitively sensitive information through third parties
Morgan Lewis (Philadelphia)
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Morgan Lewis (Philadelphia)
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Morgan Lewis (Philadelphia)
The US Department of Justice (DOJ) Antitrust Division is withdrawing three enforcement policy statements that provided important guidance on the exchange of competitively sensitive information through third parties. The guidance previously created a safe harbor for market benchmarking surveys (...)

The Turkish Competition Authority concludes its preliminary investigation into the market for car rental services and finds no evidence of anticompetitive exchange of information restricting competition (ALD Automotive / Celik Motor / Garanti Filo...)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
On 31 January 2023, Turkish Competition Authority’s (“TCA”) decision dated 21 July 2022 and numbered 22-33/526-212 regarding a preliminary investigation into the car rental services market (the “Decision”) was published on the TCA’S official website. Back in 2020, the TCA started this (...)

The EU Court of Justice upholds the annulment of a €33.6M fine against a banking group on the rationale that the presumption of innocence was vitiated by two errors in law (HSBC)
European Court of Justice (Luxembourg)
Competition in the Euro Interest Rate Derivatives sector: the Court of Justice upholds the annulment of the € 33.6 million fine imposed on the HSBC Group* The HSBC Group is a banking group, and one of its activities is global banking and markets. HSBC Holdings is the parent company of HSBC (...)

The EU Court of Justice partially overturns the General Court’s judgment on procedural grounds, and clarifies the presumption of innocence in hybrid investigations and the scope of restrictions by object in information exchanges (HSBC)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
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Covington & Burling (London)
On 12 January 2023, the European Court of Justice (“ECJ”) published its long-awaited judgment in C 883/19 P HSBC v Commission. The ECJ confirmed that HSBC had engaged in anti-competitive conduct but partially overturned the General Court’s (“GC”) judgment on procedural grounds. The judgment (...)

The EU Commission sends Statement of Objections to two banks over collusion in the market for trading Euro-denominated bonds (Deutsche Bank / Rabobank)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Deutsche Bank and Rabobank over Euro-denominated bonds trading cartel case* The European Commission has informed Deutsche Bank and Rabobank of its preliminary view that they breached EU antitrust rules by colluding to distort competition (...)

The Norwegian Competition Authority fines five publication houses operating in the Norwegian book market for exchanging commercial information (Gyldendal, Cappelen Damm, Vigmostad & Bjørke and Aschehoug)
Norwegian Competition Authority (Bergen)
Five operators in Norwegian book market fined 545 million NOK* The Norwegian Competition Authority is imposing fines to the total amount of 545 million NOK on Norway’s four biggest publishing houses and the provider of the database Bokbasen for being in breach of the Competition Act. These (...)

The EU Commission fines five styrene purchasers €157M for fixing prices and exchanging commercially sensitive information and grants a sixth member of the cartel full leniency (Sunpor / Synbra / Synthomer / Synthos / Trinseo / INEOS)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 29 November 2022, the European Commission (the “Commission”) announced that it had imposed fines totalling €157 million on five companies involved in a purchasing cartel concerning styrene monomer (“styrene”) for various periods between 1 May 2012 and 30 June 2018. The five companies fined (...)

The German Federal Court of Justice confirms that a factual presumption of harm exists in cases of anticompetitive information exchanges (Schlecker)
CDC Cartel Damage Claims (Brussels)
On 5 January 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) published an important judgment in relation to follow-on damage actions relating to the so-called German drugstore products cartel (Case KZR 42/20). In its ruling, Germany’s highest civil court also confirmed a (...)

The German Federal Court of Justice roundly rejects claims that cartel behaviour was ’harm-free’, which would have allowed the cartelists to avoid a presumption of injury, and declares the behaviour constituted a hardcore infringement (Schlecker)
Hausfeld (Berlin)
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Hausfeld (Berlin)
In several jurisdictions, claimants’ burden of proof for the existence of injury is a major hurdle to traditional cartel damage claims. To avoid a presumption of injury under the settled case law of the German Federal Court of Justice (Bundesgerichtshof, (“BGH”) for hard-core cartels, (...)

The Germany Federal Court of Justice rules that an exchange of secret information between competitors about pricing strategies for a common customer gives rise to a factual presumption of harm (Schlecker)
Fieldfisher (Düsseldorf)
Introduction In the Schlecker case, (BGH, decision of 29 November 2022, KZR 42/20, Schlecker. The BGH’s press release can be found here.) the Federal Court of Justice (BGH) dealt with claims by a drugstore chain against manufacturers for damages on the grounds of excessive prices. In (...)

The German Federal Court of Justice extends the factual presumption of damages to anticompetitive information exchange to give a further boost to victims’ claims against cartels (KWR working group)
Blomstein (Berlin)
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Dirty laundry in the “KWR” working group A total of 15 manufacturers of branded drugstore products were involved in the so-called drugstore products cartel. From at least 2004 to 2006, they regularly informed each other about (planned) gross price increases and the status of negotiations (...)

The EU Commission fines 5 styrene purchasers €157M for price fixing and exchanging sensitive commercial information (Sunpor / Synbra / Synthomer / Synthos / Trinseo / INEOS)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines styrene purchasers €157 million in cartel settlement* The European Commission has fined Sunpor, Synbra, Synthomer, Synthos and Trinseo a total of €157 million for participating in a cartel concerning purchases on the styrene monomer merchant market. INEOS was not (...)

The Australian Competition Authority receives court-enforceable remedies from a turf breeder to address concerted practices concerns (Lawn Solutions Australia Group)
Australian Competition and Consumer Commission (Canberra)
Turf breeder to address concerted practices concerns* Turf breeder Lawn Solutions Australia Group Pty Ltd (LSA) has provided a court-enforceable undertaking to address ACCC concerns that LSA may have engaged in a concerted practice by communicating with turf growers and resellers about the (...)

The Brazilian Competition Authority fines 3 companies and 13 individuals for a cartel in the sodium silicate market (Manchester Química / Unaprosil / Perquímia)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE fines over 60 million reais for a cartel in the sodium silicate market* The authority fined companies and individuals for the anticompetitive conduct In the hearing of 9 November, the Administrative Council for Economic Defense (CADE) convicted the companies Manchester Química, (...)

The Spanish Competition Authority cooperates with the Portuguese Competition Authority to investigate several wood chip suppliers over a potential information sharing cartel
Spanish Competition Authority (CNMC) (Madrid)
The CNMC and the Portuguese competition authority (AdC) investigate several wood chip suppliers.* Competing companies allegedly shared the market in Spain and Portugal and exchanged sensitive information. These practices are prohibited by Article 101 of the Treaty on the Functioning of the (...)

The Polish Competition Authority fines 16 basketball clubs and the basketball league for conspiring to reduce player wages due to COVID-19-related match cancellations (BM Slam Stal / Gdyński Klub / Gliwickie /...)
Polish Competition Authority (Warsaw)
Basketball clubs violated competition - decision of President of UOKiK* The joint arrangements of the basketball clubs to terminate their cooperation with the players represented an agreement restricting competition. The UOKiK President Tomasz Chróstny imposed nearly PLN 1 million in penalties (...)

The Portuguese Competition Authority cooperates with their Spanish counterpart to conduct dawn raids as part of an investigation into a potential wood chip cartel
Portuguese Competition Authority (Lisbon)
Portuguese and Spanish Competition Authorities conduct unannounced inspections* The Portuguese Competition Authority (AdC) and the Spanish CNMC carried out simultaneous unannounced inspections in Spanish territory, at an intermediary company active in the wood chip business. Both (...)

The Polish Competition Authority fines 16 basketball clubs and the national league for exchanging commercially sensitive information and colluding to terminate player contracts during the COVID-19 pandemic (BM Slam Stal / Gdyński Klub / Gliwickie /...)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
In December 2022, the Polish Competition Authority (Polish: Prezes Urzędu Ochrony Konkurencji i Konsumentów (“UOKiK”)) (the “PCA”) published the non-confidential version of its decision imposing fines on 16 basketball clubs (the “Clubs”) and the national basketball league (the “League”) for (...)

The EU Commission adopts Guidelines on collective agreements by solo self-employed people
European Commission - DG COMP (Brussels)
Antitrust: Commission adopts Guidelines on collective agreements by solo self-employed people* The European Commission has adopted today its Guidelines on the application of EU competition law to collective agreements (‘Guidelines’) regarding the working conditions of solo self-employed (...)

The Brazilian Competition Authority fines six firms and 35 individuals for anticompetitively exchanging information on hiring practices in the healthcare industry
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE signs agreements in case in the market of hired labour in healthcare industry* A total of six firms and 35 individuals are to pay more than BRL 34 million in financial contributions The Administrative Council for Economic Defense (CADE) signed six Cease and Desist Agreements with (...)

The Austrian Competition Authority fines a construction cartel €26.33M for illegal price fixing, market divisions and the exchange of information with competitors for construction tenders (HABAU Group)
Austrian Competition Authority (Vienna)
Construction cartel: HABAU fine set at EUR 26.33 million* Four companies from the HABAU group of companies have admitted participating in the construction cartel and fully acknowledged the infringement. The Austrian Federal Competition Authority (AFCA) and the Federal Cartel Prosecutor had (...)

The Austrian Competition Authority applies to fine the first company in its investigation of the facade construction industry for price fixing, market sharing, and exchange of competitively sensitive information (NFS Bau)
Austrian Competition Authority (Vienna)
Facade construction: AFCA files application to have first company fined* In the course of its investigations into the facade construction industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 25 August 2022 to fine one of the (...)

The Norwegian Competition Authority closes investigation against an industry association for possible exchange of market sensitive information
Norwegian Competition Authority (Bergen)
Closes investigation against industry association* The Norwegian Competition Authority has been investigating an industry association for possible anticompetitive behaviour since 2020. After an overall assessment of the available facts, the Authority has now decided to close the (...)

The Turkish Competition Authority refuses to grant negative clearance to sharing of market information amongst ceramic sanitary ware manufacturers and ceramic tile manufacturers (Ceramic Sanitary Ware Manufacturers Association / Ceramic Tile Manufacturers Association)
Turkish Competition Authority (Ankara)
The Board Decision concerning the request that a negative clearance/exemption be granted to the collection and sharing of certain information about the activities of Ceramic Sanitary Ware Manufacturers Association and Ceramic Tile Manufacturers (20.08.2020) (23.8.2022)* As a result of the (...)

The Latvian Competition Authority fines three construction companies for an anticompetitive bid rigging cartel, with two fines reduced for cooperating with the Authority (PK Serviss / Koro Būve / Tavs Laikmets)
Latvian Competition Council (Riga)
The Competition Council fines three construction companies for prohibited agreements in procurement organized by a private contracting entity* On August 4, the Competition Council of Latvia (the CC) adopted a decision, detecting a prohibited agreement between three construction companies on (...)

The Austrian Competition Authority applies to the Cartel Court to review its ruling on a recent construction cartel following new evidence which may vitiate the award of leniency (STRABAG)
Austrian Competition Authority (Vienna)
Construction cartel: AFCA applies for review of STRABAG decision by Cartel Court* By decision of 21.10.2021 (27 Kt 12/21y), the Cartel Court imposed a fine of EUR 45.37 million on two companies of the STRABAG Group (STRABAG) for infringement of section 1 (1) of the Austrian Cartel Act (...)

The US DOJ files a lawsuit alleging that the tournament system of determining the pay for poultry processors constitutes an abusive exchange of information (Cargill / Jonathan Meng / Sanderson Farms / Wayne Farms)
US Department of Justice (Washington)
Justice Department Files Lawsuit and Proposed Consent Decrees to End Long-Running Conspiracy to Suppress Worker Pay at Poultry Processing Plants and Address Deceptive Abuses Against Poultry Growers* Decree Provisions Would Stop the Exchange of Compensation Information, Ban President of Data (...)

The EU Commission sends a Statement of Objections to two ethanol producers over alleged benchmarking cartel (Alcogroup / Agroetanol)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Alcogroup and Agroetanol over alleged ethanol benchmarks cartel* The European Commission has informed Alcogroup S.A. and its subsidiary Alcodis S.A. (together ‘Alcogroup’) as well as Lantmännen ek för and its subsidiary Lantmännen (...)

The Spanish Competition Authority fines construction companies €203.6M for altering the competitive process in infrastructure construction tenders for more than 25 years (Acciona Construcción / Dragados / FCC Construcción / Ferrovial Construcción / Obrascón Huarte Lain / Sacyr Construcción)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC has fined 6 of the main construction companies in Spain 203.6 million euros for altering the competitive process in infrastructure construction tenders for more than 25 years The sanctioned companies are: Acciona Construcción S.A., Dragados S.A., FCC Construcción, Ferrovial (...)

The EU Commission accepts commitments by a professional association of Irish insurers to ensure access to its data sharing platform (Irish Insurance)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by Insurance Ireland to ensure access to its data sharing platform* The European Commission has made commitments offered by Insurance Ireland, an association of Irish insurers, legally binding under EU antitrust rules. Insurance Ireland must ensure (...)

The EU Court of Justice partially annuls the decision of the Commission but upholds the amounts of the fines imposed for the optical disk drives cartel (Optical Disk Drives Cartel)
European Court of Justice (Luxembourg)
Cartel on the market for optical disk drives: the Court partially annuls the decision of the Commission but upholds the amounts of the fines imposed* The Commission failed to satisfy its obligation to state reasons by finding that, in addition to their participation in a single and (...)

The EU Court of Justice partially annuls the Commission decision in an anticompetitive tender agreement case in the optical disk drive market but upholds the amounts of fines imposed (Optical Disk Drives Cartel)
Arendt & Medernach (Luxembourg)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 16 June 2022, the Court of Justice of the European Union (“ECJ”) issued four judgments in which it partially annulled earlier judgments of the General Court, which had upheld the 2015 Commission Decision in relation to the optical disk drives (“ODDs”) cartel case. In that case, the (...)

The Turkish Administrative Court Ankara annuls the Competition Authority’s decision to impose an administrative monetary fine on a chemical supplier stating that the standard of proof has not been met (Hicri Ercili)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Havard Law School (Cambridge, MA)
The Ankara 9th Administrative Court (“Administrative Court”) annulled the decision of the Turkish Competition Board (“Board”) where an administrative fine of TL 11,214,051.26 was imposed on Hicri Ercili Deniz Nakliyat Kimyevi Maddeler San. ve Tic. Ltd. Şti.) (“Hicri Ercili”), a supplier of the (...)

The Turkish Competition Authority issues first decision where leniency and settlement procedures are implemented together (Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret / Kınık Maden Suları)
Turkish Competition Authority (Ankara)
The First Decision where Leniency and Settlement Procedures are Implemented Together (25.5.2022) The investigation concerning Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret A.Ş. and Kınık Maden Suları A.Ş. was concluded. (26.5.2022)* The investigation (...)

The Turkish Competition Authority issues final decision in the investigation regarding the price fixing infringement of an oil and gas company (Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret)
Turkish Competition Authority (Ankara)
Pronouncement of the Final Decision Regarding the Investigation concerning Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret AŞ According to Article 49 of the Act no 4054 on the Protection of Competition (26.5.2022)* Within the scope of the investigation (...)

The Turkish Competition Authority issues final decision regarding the investigation of a petroleum company for price fixing and other anticompetitive infringements (Kınık Maden Suları)
Turkish Competition Authority (Ankara)
Pronouncement of the Final Decision Regarding the Investigation about Kınık Maden Suları AŞ According to Article 49 of the Act no 4054 on the Protection of Competition (26.5.2022)* Within the scope of the investigation conducted per the Competition Board decision dated 24.02.2022 and (...)

The Brazilian Competition Authority fines two companies and five individuals for anticompetitive conduct in the resin market (Royal Química / Cempre Apoio Educacional)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Cartel in the resin market is fined 46.8 million reais* The authority convicted two companies and five individuals for the anticompetitive conduct On 23 March 2022, the Administrative Council for Economic Defense (CADE) convicted the firms Royal Química and Cempre Apoio Educacional, in (...)

The European Competition Network considers that companies may need to cooperate to mitigate the effects of the Russo-Ukrainian war and the EU Commission adopts a Temporary Crisis Framework permitting more State aid
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
Russian invasion of Ukraine prompts ECN guidance on application of EU competition rules and European Commission’s adoption of State aid crisis framework The Russian invasion of Ukraine on 24 February 2022 has prompted European competition enforcers to reassess the application of the EU (...)

The Spanish Competition Authority imposes fines totalling €24M on 3 steel companies for disclosing information about prices, exchanging information about third party prices and sharing data on the technical shutdowns of their facilities (Balboa / Sidenor / ArcelorMittal)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC fines three steel companies 24 million euros for two very serious infringements in the scrap purchase market in Spain* The companies disclosed information to one another regarding the prices they would offer to iron scrap suppliers. In addition, they shared data on the technical (...)

The Polish Competition Authority finds that the exchange of information between pharmaceutical wholesalers may have restricted competition in the market and resulted in higher prices for consumers in pharmacies
Polish Competition Authority (Warsaw)
Data exchange between pharmaceutical wholesalers - charges presented by the President of UOKiK* The exchange of information between pharmaceutical wholesalers may have restricted competition in the market and resulted in higher prices for consumers in pharmacies. Through specialised IT tools, (...)

The EU Commission publishes for consultation two draft revised horizontal block exemption regulations on research & development and specialisation agreements, as well as draft revised horizontal cooperation guidelines
White & Case (Brussels)
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White & Case (Düsseldorf)
,
White & Case (Brussels)
On 1 March 2022, the European Commission ("EC") published for consultation two draft revised horizontal block exemption regulations ("HBERs") on research & development ("R&D") and specialisation agreements, as well as draft revised horizontal cooperation guidelines ("Horizontal (...)

The Italian Competition Authority fines three regional providers of public sector uniforms €36K for bid rigging (Galleria / Gim / Orsi)
Municipality of Cagliari
The Italian Competition Authority finds a bid rigging practice in the market for professional clothing* The Italian Competition Authority (ICA) has recently closed its antitrust enquiry opened in the Professional Work Wear case issuing an infringement decision. It found three suppliers of (...)

The EU Commission invites comments on draft revised rules on horizontal cooperation agreements between companies
European Commission - DG COMP (Brussels)
Antitrust: Commission invites comments on draft revised rules on horizontal cooperation agreements between companies* The European Commission has launched today a public consultation inviting all interested parties to comment on two draft revised Horizontal Block Exemption Regulations on (...)

The EU Commission seeks feedback on commitments offered by an Irish insurers’ association concerning access to its data sharing platform (Insurance Ireland)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Insurance Ireland concerning access to its data sharing platform* The European Commission invites comments on commitments offered by Insurance Ireland, an association of Irish insurers, to address competition concerns regarding (...)

The Australian Competition Authority authorises cooperation in the retail goods supply chain for the West and North of the country due to flooding in the South
Australian Competition and Consumer Commission (Canberra)
ACCC authorises cooperation in retail goods supply chain to WA and NT* The ACCC has granted an urgent interim authorisation permitting the cooperation and sharing of information by companies in the supply chain to ensure critical retail goods, including food supplies, are able to reach (...)

The German Competition Authority imposes fines on manufacturers of modular expansion joints for bridges involved in a quota cartel (Maurer / Mageba)
German Competition Authority (Bonn)
Fines imposed on manufacturers of modular expansion joints for bridges involved in a quota cartel* The Bundeskartellamt has imposed fines totalling around 7.3 million euros on two manufacturers of modular expansion joints (expansion joint systems for road bridges) for engaging in an illegal (...)

The EU Commission publishes new draft guidance with regard to exchange of information related to dual distribution
Hogan Lovells (Munich)
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Hogan Lovells (Brussels)
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Hogan Lovells (Munich)
The European Commission has published a new draft guidance with regard to exchange of information related to dual distribution. This draft guidance provides valuable dos and don’ts for companies concerning the information exchange in a dual distribution scenario. Any company dealing with dual (...)

The EU Commission reviews its guidelines on vertical restraints within the broader context of the review of the Vertical Block Exemption regulation
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
The European Commission (“Commission”) is currently reviewing its Guidelines on Vertical Restraints (“Vertical Guidelines”) within the broader context of the review of the Vertical Block Exemption Regulation (“VBER”) and consulted on its proposals last year. It has now launched a further (...)

The EU Commission issues proposed guidance on information exchange in dual distribution relationships
White & Case (Brussels)
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White & Case (Düsseldorf)
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White & Case (Brussels)
As part of its review of the EU antitrust rules governing vertical agreements, the European Commission (EC) has published for consultation a draft new section of its Vertical Guidelines, which contains proposed guidance on information exchange in "dual distribution" relationships. Reacting to (...)

The Hong Kong Competition Authority commences proceedings against four undertakings and an individual for a price-fixing cartel in the travel services sector (Gray Line / Take How / Wu / Harbour Plaza 8 Degrees / Prudential Hotel)
Hong Kong Competition Commission (Hong Kong)
Competition Commission takes travel services sector price-fixing cartel case to Competition Tribunal* The Competition Commission (“Commission”) has today commenced proceedings in the Competition Tribunal (“Tribunal”) against four undertakings and one individual, namely: Gray Line Tours of (...)

The Turkish Competition Authority imposes a €173.8M fine on retail grocery chains and suppliers for resale price maintenance (Savola / A101 / Carrefour / Migros...)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(1) Introduction On January 19, 2022, Turkish Competition Authority (“Authority”) has published a highly anticipated decision of the Competition Board (“Board”) regarding the investigation against retail grocery chains and suppliers of such chains, active in the fields of retail food and (...)

The UK Competition Authority disqualifies a pharmaceutical company director due to his involvement in illegal sharing of commercially sensitive information about the antidepressant nortriptyline (Pritesh Sonpal / Lexon)
UK Competition & Markets Authority - CMA (London)
CMA disqualifies pharma director* The CMA has secured the disqualification of a pharmaceutical company director, in connection with his involvement in illegal anti-competitive practices. Pritesh Sonpal – a former director of the pharmaceutical wholesaler Lexon – will be disqualified from (...)

The Polish Competition Authority fines 6 truck dealers and 8 managers for concluding agreements that limit competition (Trucks Cartel)
Polish Competition Authority (Warsaw)
Truck dealer cartels - two decisions of the UOKiK President* UOKiK President Tomasz Chróstny issued two decisions concerning agreements limiting competition between truck dealers. Purchasers of these vehicles have not had a free choice of dealer for many years and have paid inflated prices. (...)

The Mexican Competition Authority issues warning against collusive practices during the holidays
Mexican Competition Authority (Mexico City)
In light of December shopping season, COFECE warns companies to avoid carrying out collusive practices* Establishing prices with competitors is prohibited by the competition law and implies the imposition of both economic and criminal sanctions. Economic agents that participate or have (...)

The Hong Kong Competition Authority files a suit against three mailing equipment companies for their participation in cartel conduct regarding the sale of inserters (Quadient / Toppan Forms / Smartech)
Hong Kong Competition Commission (Hong Kong)
Competition Commission takes inserter cartel case to Competition Tribunal* First case to be fully resolved under the Commission’s Cooperation and Settlement Policy The Competition Commission (“Commission”) has today commenced proceedings in the Competition Tribunal (“Tribunal”) against (...)

The Spanish Competition Authority is investigating potential bid rigging by the Ministry of Defense in tenders for the supply, maintenance and upgrade of military equipment
Spanish Competition Authority (CNMC) (Madrid)
The CNMC is investigating potential bid rigging by the Spanish Ministry of Defence* The Commission is looking into alleged agreements involving bid rigging and sharing contracts related to the supply, maintenance of upgrade of military equipment. Early this month, the Commission conducted new (...)

The EU Commissioner for Competition Vestager announces increased focus on atypical cartels, including wage fixing or no-poach agreements in the labour market
Hogan Lovells (Munich)
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Hogan Lovells (Munich)
Antitrust authorities are increasingly focused on anticompetitive agreements in the labour markets. In a recent speech held in Rome on 22 October 2021 ("A New Era of Cartel Enforcement"), EU Competition Commissioner Margrethe Vestager emphasised that the Commission will further and further (...)

The Swedish Patent and Market Court rules that a company active in the cheese and dairy industry should pay an administrative fine for unlawful cooperation in dairy product procurement (Arla Foods)
Swedish Competition Authority (Stockholm)
Arla Foods to pay administrative fine for unlawful cooperation* The Patent and Market Court has in a judgment decided that Arla Foods is to pay an administrative fine for having participated in an unlawful cooperation ahead of a procurement. The fact that Arla Foods has cooperated with the (...)

The Hungarian Competition Authority imposes a fine on 3 companies active in the retail trade of agricultural machinery for sharing more than a dozen national public procurement procedures among themselves (Tempel Kereskedelmi és Szolgáltató / Normtec / Slovakian Premium Line)
Hungarian Competition Authority (Budapest)
The GVH imposed a fine on a public procurement cartel yet again* The Hungarian Competition Authority (GVH) imposed a fine of approximately HUF 135 million on three undertakings, which are active in the retail trade of agricultural machinery for sharing more than a dozen Hungarian public (...)

The Dutch Competition Authority imposes fines totalling almost €4M on two major national collectors of used cooking oil for making price-fixing purchase agreements (Rotie / Nieuwcom)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
ACM imposes fines for price-fixing agreements involving the purchase of used cooking oil* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines, totaling almost four million euros, on two major collectors of used cooking oil, for making cartel agreements regarding the (...)

The Mexican Competition Authority sanctions several companies, as well as nine natural persons who acted on their behalf, for colluding in the market of baby diapers, female sanitary products, and incontinence (Essity México / Kimberly Clark de México / Productos Internacionales)
Mexican Competition Authority (Mexico City)
COFECE sanctions several companies and natural persons for colluding in the market for baby diapers, products for feminine sanitary protection and incontinence* The economic agents that produce and commercialize these products in the wholesale markets colluded to manipulate sale prices for (...)

The EU Commission seeks feedback on commitments offered by telecommunication companies concerning their network sharing agreements (T-Mobile CZ / CETIN / O2 CZ)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by T-Mobile CZ, CETIN, and O2 CZ concerning the Czech telecommunications market* The European Commission invites comments on commitments offered by T-Mobile CZ, CETIN, O2 CZ, and their respective parent companies, Deutsche Telekom (...)

The Spanish Competition Authority concludes the infringement proceedings against the main “majors” in film distribution and an audience measurement company for the exchange of commercially sensitive information (Paramount / Sony Pictures / Columbia Pictures / Walt Disney)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC concludes the infringement proceedings against the main “majors” in film distribution and an audience measurement company* The companies under investigation have submitted a series of commitments that they are obliged to fulfill for five years. This formula, known as “termination by (...)

The Spanish Competition Authority initiates proceedings against multiple global film distribution companies for exchange of sensitive information (Paramount / Sony Pictures / Columbia Pictures / Walt Disney)
Callol, Coca & Asociados (Madrid)
This investigation was conducted against the Spanish subsidiaries of 20th Century Fox, Paramount, Rentrak, Sony, Disney, Universal, Warner Brothers and Ymagis, S.A., in connection with uniform conditions applied in the digitization of movie distribution as well as sharing of commercially (...)

The Portuguese Competition Authority publishes a final report and best practices guide on anticompetitive agreements in the labor market
Portuguese Competition Authority (Lisbon)
The AdC publishes final Report and Best Practices Guide on anticompetitive agreements in the labor market* The AdC publishes final Report and Best Practices Guide on anticompetitive agreements in the labor market The Competition Authority has published the final version of the Report and (...)

The Danish Competition Authority announces the payment of a fine by a clothing retailer for exchanging information about prices with a competitor (Kaufmann)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Clothing retailer pays a fine of DKK 3,700,000 (€ 497,560) for exchanging information about prices with a competitor* The company behind the Danish clothing retailer “Kaufmann”, Axel Kaufmann ApS, has agreed to pay a fine of DKK 3.700.000 (€ 497,560) for having shared information (...)

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

The Singaporean Competition Authority issues a new general guidance note to provide businesses with more clarity on common horizontal, vertical and lateral collaborations between competitors in response to the COVID-19 pandemic
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CCCS proposes general guidance on common collaborations between competitors Unlike the lapsed COVID-19 Guidance Note, the new Business Collaboration Guidance Note would apply to all types of products and services, and would not have an expiry date. The Competition and Consumer Commission (...)

The EU Commission finds that three German car manufacturers colluded by deliberately limiting competition on innovation in greener technologies for diesel vehicles (BMW / Daimler / VW)
Municipality of Cagliari
By the cartel settlement decision recently rendered in Car Emissions, the European Commission (EC) found that three German car manufacturers colluded in the market for the reduction of emission of diesel cars during the period from June 2009 until October 2014. What is noteworthy in Car (...)

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

The EU Commission imposes a fine totalling €875 million on multiple car manufacturers for restricting competition in emission cleaning for new diesel passenger cars (BMW / Daimler / VW)
Callol, Coca & Asociados (Madrid)
The EC has found that Daimler, BMW and Volkswagen group (Volkswagen, Audi and Porsche) breached EU antitrust rules by colluding on technical development in the area of nitrogen oxide cleaning. Car manufacturers had technical meetings to discuss the development of the selective catalytic (...)

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

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

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

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

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

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

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

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

The Spanish Supreme Court declares that the exchange of information on elements that have a significant impact on prices constitutes an infringement by object of competition rules and constitutes a cartel (Fabricantes de automóviles)
Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
In its judgment dated 6 May 2021, the Spanish Supreme Court (the "SC") found that an exchange of information among competitors that does not directly relate to final prices but that affects certain elements linked to final prices such as commercial margins, may reduce competition in (...)

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

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

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

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

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

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

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

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

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

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

The Hong Kong Competition Authority issues infringement notices to six hotel groups and a tour operator for facilitating cartel conduct (Gray Line / Tink Labs)
Ashurst (Singapore)
On 26 January 2021, Hong Kong’s Competition Commission (HKCC) issued infringement notices to six hotel groups and a tour operator for facilitating a cartel arrangement between two competing travel service providers, which fixed the prices of tourist attractions and transportation tickets in (...)

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

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

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

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

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

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

The Spanish Competition Authority fines three cartels and five directors €3.7M for price fixing, bid rigging and exchanging information in the sale of smelting inputs (FISL / Grafitos / Toro / Candel / GME / Capex CGC)
Ashurst (Madrid)
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Spanish Competition Authority (CNMC) (Madrid)
The Spanish competition authority ("CNMC") has fined six companies and five directors participating in three cartels, breaching EU and Spanish antitrust rules by fixing prices and other commercial conditions, sharing customers and exchanging commercially sensitive information for almost 20 (...)

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

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

The German Competition Authority fines five aluminium forging companies and ten responsible individuals for price fixing (Otto Fuchs / Leiber / Emmingen-Liptingen)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 23 December 2020, the German Federal Cartel Office (“FCO”) announced that it had fined five aluminium forging companies and ten responsible individuals a total amount of approximately € 175 million for price fixing between April 2006 and April 2018. Automotive and motorcycle manufacturers (...)

The German Competition Authority fines five aluminium forging companies and ten employees responsible for engaging in illegal anti-competitive agreements (Otto Fuchs / Leiber / Emmingen-Liptingen..)
German Competition Authority (Bonn)
Bundeskartellamt - Cartel Prosecution* Fines imposed on aluminium forging companies on account of anti-competitive agreements Bonn, 23 December 2020: The Bundeskartellamt has imposed fines totalling approximately 175 million euros on five aluminium forging companies and ten employees (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The EU Commission fines car parts suppliers €18 million in cartel settlement (Brose / Kiekert / Magna)
ADNOC Group (Abu Dhabi)
On 29 September 2020, the European Commission ("Commission") announced that it has fined Brose and Kiekert a total of EUR 18 million for taking part in two cartels concerning supplies of closure systems for cars in the European Economic Area. Magna, a third cartelist, was not fined as it (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Indian Competition Authority issues for the second time in a cartelization case a cease and desist order with no penalty against 10 suppliers of brake blocks for alleged bid-rigging (Chief Materials Manager, South Eastern Railway / Hindustan Composites)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
Two of the final orders recently pronounced by the CCI finding parties in violation of the cartel and bid-rigging provisions of the Competition Act, 2002 (“Act”) have come as a surprise to many. While the CCI found clinching evidence regarding the existence of an agreement to cartelize and (...)

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

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

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

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

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

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

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

The Indian Competition Authority finds four automotive and industrial bearing companies liable for price-fixing and issues a cease and desist against collusive behaviour (Schaeffler / SKF / NEI / Tata)
Trilegal (Mumbai)
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Trilegal (Mumbai)
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Karkinos Healthcare (Mumbai)
The Competition Commission of India (CCI) recently found National Engineering Industries Ltd. (NEI), Schaeffler India Ltd. (Schaeffler), SKF India Ltd. (SKF) and Tata Steel Ltd., Bearing Division (Tata) (collectively, OPs) to have collusively fixed the prices of automotive and industrial (...)

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

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

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

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

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

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

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

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

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

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)
Mexican Competition Authority (Mexico City)
COFECE warns the National Association of Real Estate Developers to avoid possible agreements between competitors in this market* The Association has promoted among its members the granting of discounts to tenants, which could infringe the LFCE if these discounts are established or fixed (...)

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

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

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

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

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

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

The UK Competition Appeal 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 damages claims the findings that are contained in settlements (Trucks Cartel)
Hausfeld (London)
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Hausfeld (London)
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Ashurst (London)
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an (...)

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

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

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

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

The Indian Competition Authority rules that the conduct of a bidder who hires proxy bidders is not anti-competitive (Plasser / Harbour Sales)
Shardul Amarchand Mangaldas (Mumbai)
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)
Municipality of Cagliari
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 fines two companies for bid rigging in the construction sector (Jorton / H. Skjøde Knudsen)
Danish Competition and Consumer Authority (Copenhagen)
THE HIGHT COURT FINES TWO CONSTRUCTION COMPANIES FOR BID RIGGING * The High Court has fined the construction companies Jorton A/S and H. Skjøde Knudsen A/S respectively DKK 3,000,000 (€ 401,442) and DKK 267,628 (€ XXX) for bid rigging. Two members of the managements were fined respectively (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)
Amazon Web Services (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
On 26 February 2015, the Spanish Competition Authority (“CNMC”) handed nine companies and two trade associations that operated in the dairy sector fines of EUR 88 million. These fines were annulled by the Spanish High Court in October/November 2018 after the Spanish Supreme Court declared that (...)

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

The 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)
UK Competition & Markets Authority - CMA (London)
Suppliers of antidepressants accused of illegal anti-competitive conduct* The CMA has provisionally found that 4 pharmaceutical companies broke competition law in relation to the supply of an anti-depressant drug. The Competition and Markets Authority (CMA) has accused competitors King and (...)

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

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

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

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

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

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

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

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

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

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

The Spanish Supreme Court declares that members of governing bodies of companies may be penalised for competition law infringements and that their identity can be revealed (Infraestructuras Ferroviarias)
Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
In its judgment dated 9 April 2019, the Spanish Supreme Court (the ’SC’) found that the members of the governing bodies of undertakings that infringe competition rules can be penalised for their participation in those infringements regardless of the individual or collegiate nature of the (...)

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

The Turkish Competition Authority finds exchange of informations and supply restrictions from nine undertakings during an investigation in the Poultry sector (Investigation in the Poultry Sector)
ACTECON (Istanbul)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
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ACTECON (Istanbul)
The Turkish Competition Authority (“TCA”) has concluded its full-fledged investigation regarding a total of 20 undertakings operating in the poultry sector. In its decision dated 13.03.2019 and numbered 19-12/155-70, the TCA held that the following 9 undertakings violated Article 4 of the Law (...)

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

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

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

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

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

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

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

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

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

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

The Italian Competition Authority finds two anti-competitive agreements in the market for the provision of fire prevention services (Wood Firefighting Services)
Municipality of Cagliari
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 (...)

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

The Competition and Consumer Commission of Singapore fines hotels for exchanging commercially sensitive information (Capri / Village Hotels / Crowne Plaza)
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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 (...)

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

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)
Municipality of Cagliari
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
Danish Competition and Consumer Authority (Copenhagen)
Anti-competitive agreement/decision in an association of camera distributors* The Danish Competition Appeal Tribunal has upheld a decision taken by the Danish Competition Council (DCC) that a horizontal cooperation agreement/decision among more than 50 independent camera distributors, who (...)

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

The Italian Competition Authority finds a cartel in the market for car hire purchase and imposes a record fine of €670 million (Banca / Banque PSA / Santander Consumer Bank / BMW Bank)
Municipality of Cagliari
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, (...)

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

The US DoJ announces that three South Korean companies in the market of oil refiners and logistics agreed to plead guilty and to enter into a civil settlement for bid-rigging (SK Energy / GS Caltex / Hanjin Transportation)
Robert Connolly Law (Philadelphia)
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 (...)

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

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

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

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

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

The EU Commission opens in-depth investigation into possible collusion between German car manufacturers on clean emission technology (BMW / Daimler / VW)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
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ACTECON (Istanbul)
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DPO Consultancy (‘s-Hertogenbosch)
On 18 September 2018, the European Commission ("EC") opened a full-fledged investigation regarding the possible collusion between the German car manufacturers, BMW, Daimler, Volkswagen, Audi, and Porsche known as the "Circle of Five". It will be examined whether these manufacturers entered (...)

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

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

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

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

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

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

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

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

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

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)
European Commission - DG COMP (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Basic-Fit (Hoofddorp)
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)
Callol, Coca & Asociados (Madrid)
On 7 May 2018, the NMCC imposed fines amounting to €7.12 million upon five companies: Carat España, S.A.U, Inteligencia y Media, S.A. (YMEDIA), Media By Design Spain, S.A. (MEDIA BY DESIGN), Media Sapiens Spain, S.L. and Persuadé Comunicación, S.A. and three of their managers or legal (...)

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

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

The Italian Competition Authority clears a horizontal cooperation agreement in the telecommunication sector by a commitment decision (Flash Fiber)
Municipality of Cagliari
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)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines maritime car carriers and car parts suppliers a total of €546 million in three separate cartel settlements* In three separate decisions, the European Commission has fined four maritime car carriers €395 million, two suppliers of spark plugs €76 million, and two (...)

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

The 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)
European Commission - DG COMP (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Basic-Fit (Hoofddorp)
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 (...)

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 (Hoffman-La Roche / Novartis)
Almain (Paris)
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Simmons & Simmons (Paris)
On 23 January 2018, the Court of Justice of the European Union delivered its decision on the preliminary ruling referred to it by the Italian Council of State in the dispute between Roche and Novartis on the one hand and the Italian competition authority (AGCM) on the other. In 2014, Roche (...)

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

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

The Hanover District Court finds a participant of the trucks cartel liable for damages to the city of Gottingen (Trucks Cartel / MAN Trucks)
Hausfeld (Berlin)
On July 19, 2016, the European Commission (“EC”) concluded a five-year investigation and imposed record-breaking fines of over € 2.9 billion on five major truck manufacturers (MAN, Daimler, Volvo/Renault, Iveco and DAF) for antitrust infringements — the so-called “truck cartel..EC, Decision of (...)

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

The Spanish Competition Authority fines cable manufacturers and one trade association for their involvement in a cartel related to supply of low and medium voltage cables (Amara / Iberdrola / Cabelte...)
Callol, Coca & Asociados (Madrid)
On 21 November 2017, the National Markets and Competition Commission (NMCC) imposed fines totalling €44.7 million on eleven undertakings and one trade association (the Spanish Association of Cable Manufacturers (FACEL) for their involvement in a cartel related to the supply of low and medium (...)

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

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

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

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

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

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

The Turkish Competition Authority concludes its investigation into ready-mixed concrete companies engaging in allegedly concerted practices and decides not to impose any administrative fines (Çimbeton)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Competition Board launched a fully-fledged investigation into 10 ready-mixed concrete companies active in the city of Izmir, which had been accused of undertaking a concerted practice for three months and thus violating Article 4 of Law 4054. Following a 16-month investigation, on August (...)

The Spanish High Court rules that the constitutional principle of the individual nature of penalties precludes a parent company from being held to be the perpetrator of anti-competitive practices on the market in the motor fuels market solely because of its shareholding in the capital of its subsidiary (Repsol)
Callol, Coca & Asociados (Madrid)
The High Court has upheld the appeal filed by Repsol S.A. (Repsol or Parent Company) against the decision of the NMCC declaring the Parent Company guilty of conduct carried out by its subsidiary Repsol Comercial de Productos Petrolíferos, S.A. (Subsidiary) (Decision of 2 July 2015, file (...)

The Spanish Competition Authority closes the medical gases investigation due to insufficient evidence to establish anticompetitive practices (Abelló Linde / Air Liquide Medicinal / Conste / Praxair...)
Callol, Coca & Asociados (Madrid)
The NMCC initiated an investigation on possible anti-competitive practices in the manufacturing and distribution of medical gases, consisting of market sharing, price fixing and the exchange of confidential information. The NMCC carried out dawn raids at Abelló Linde, S.A., Air Liquide (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Moldovan Competition Authority accepts commitments from tour operators and airlines in the charter air passenger transport market (Scavolin)
University of Macau - Faculty of Law
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 Competition Authority (Indian Foundation of Transport Research & Training / All India Motor Transport Congress)
Vaish Associates Advocates (New Delhi)
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)
Hellenic Competition Commission (Athens)
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)
Vaish Associates Advocates (New Delhi)
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 procedure of health equipment aimed at saving energy (Siemens Healthcare)
Hungarian Competition Authority (Budapest)
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., (...)

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)
Asters (Kiev)
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)
Finnish Competition and Consumer Authority (Helsinki)
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)
Brady (Washington)
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 (...)

The Dutch Competition Authority fines cold-storage firms for cartel (Eimskip / Kloosbeheer / Samskip / H&S Coldstores)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
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 Finnish Supreme Court rules on competition damages limitation periods in a timber cartel (Timber procurement cartel)
Bird & Bird (Brussels)
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Bird & Bird (Helsinki)
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Bird & Bird (Helsinki)
In two judgments that are of pan-European interest because of their relevance to the interpretation of the EU competition Damages Directive, the Finnish Supreme Court and the Belgian Constitutional Court ruled on limitation periods to bring competition damages claims. The Finnish Supreme (...)

The French Competition Authority launches unannounced inspections in the market of fire safety systems equipping businesses and buildings receiving the public
French Competition Authority (Paris)
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 Australian Federal Court dismisses cartel case against association of egg producers due to insufficient evidence of intent to enter into collusive agreement (Australian Egg Corporation)
Jones Day (Melbourne)
In a rare case brought under the cartel laws, the ACCC has failed to establish that the Australian Egg Corporation Limited and two egg producers attempted to induce 19 egg producers to make an arrangement to reduce the production of eggs in Australia. While the Court considered that the ACCC (...)

The Portuguese Competition Authority launches unannounced inspections in the credit sector
Portuguese Competition Authority (Lisbon)
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)
Max Planck Institute for Innovation and Competition (Munich)
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)
Vaish Associates Advocates (New Delhi)
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 Authority receives an application for block exemption regarding liner shipping agreements (Hong Kong Liner Shipping Association)
Robert Connolly Law (Philadelphia)
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)
Chandhiok & Mahajan (New Delhi)
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)
Boğaziçi University (Istanbul)
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)
Hellenic Competition Commission (Athens)
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 EU General Court confirms the decision of the Commission sanctioning a cartel on the market for cathode ray tubes but reduces the fines for some undertakings (Panasonic / Samsung / LG / Philips / Toshiba)
General Court of the European Union (Luxembourg)
The General Court reduces the fines imposed by the Commission on Panasonic and on Toshiba for their participation in a cartel on the European market for tubes for television sets* However, it confirms the fines imposed on the other members of the cartel By decision of 5 December 2012, [1] (...)

The Latvian Competition Authority issues warnings against 15 tenderers of public procurements suspected of bid-rigging
Latvian Competition Council (Riga)
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)
European Commission - DG COMP (Brussels)
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UK Competition & Markets Authority - CMA (London)
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 (...)

The Spanish Competition Authority fines twenty-one automobile manufacturing and distributing companies for exchanging highly confidential information as well as the two consulting companies involved in these exchanges (Fabricantes de automóviles)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
The NMCC has imposed fines totalling €171 million on 21 automobile manufacturing and distributing companies in Spain, as well as two consulting companies, for anti-competitive practices (Decision of 23 July 2015, file S/0482/13). The NMCC considers that a single and continuous infringement (...)

The Spanish Competition Authority fines 23 companies for participating in a cartel in the automobile manufacturing and distribution markets (Fabricantes de automóviles)
European Commission - DG COMP (Brussels)
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 (...)

The Spanish Competition Authority fines 21 car manufacturers and distributers and two consulting firms for exchanging commercially sensitive and strategic information (Fabricantes de automóviles)
European Commission - DG COMP (Brussels)
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Liège University
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 EU Commission fines cargo train operators in a cartel settlement (Express Interfracht / Schenker)
Constantine Cannon (London)
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Phillips Auctioneers (London)
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 (...)

The Latvian Competition Authority fines several tenderers for bid rigging in the market of timber preparation (Amils)
Latvian Competition Council (Riga)
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)
Mexican Competition Authority (Mexico City)
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 (...)

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)
Orsingher Ortu Avvocati (Milano)
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DLA Piper (Rome)
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 (...)

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)
Sheppard Mullin (San Francisco)
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 (...)