Fines mitigation

General antitrust

The Austrian Competition Authority publishes paper on "Reductions of Fines under the Leniency Programme"
Austrian Competition Authority (Vienna)
AFCA publishes paper on “Reductions of Fines under the Leniency Programme”* The leniency programme is a highly efficient tool that has been essential for many years to combat breaches of the ban on cartels (§ 1 of the Austrian Cartel Act – KartG, Article 101 TFEU). It is effective in two ways: it (...)

The Finnish Competition Authority announces updates to the national competition act based on the ECN+ Directive, including changes to the monitoring of competition restraints and sanctions imposed for infringements
Finnish Competition and Consumer Authority (Helsinki)
Changes to monitoring competition restraints and sanctions imposed for infringements – amendments to the Competition Act will enter into force on 24 June 2021* Amendments that apply to the assessment of the penalty payments imposed for infringements have been made to the Competition Act. At the (...)

The Finnish Government amends the Competition Act due to the ECN+ Directive
Hannes Snellman (Helsinki)
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Dittmar & Indrenius (Helsinki)
On 24 June 2021, the latest amendments of the Finnish Competition Act entered into force. The modifications were mostly based on the Directive 2019/1 (“ECN+ Directive”), which sought to ensure more effective enforcement of competition law across member states. The amended Competition Act was (...)

The Swedish Competition Authority gains new powers and introduces changes after the transposition of the ECN+ Directive
Orrick, Herrington & Sutcliffe (Paris)
March 2021 marks a new era for the Swedish Competition Authority (SCA - Konkurrensverket). Major amendments to competition legislation in the country have entered into force on March 1st, introducing changes that result in increased powers for the SCA. These new amendments come as fresh air, (...)

The Chinese State Administration for Market Regulation issues antitrust guidelines on how companies can avoid administrative penalty and reduce fines in cases of antitrust infringement
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Linklaters (Beijing)
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Linklaters (Beijing)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In the summer of 2020, China’s State Administration for Market Regulation (SAMR) published four antitrust guidelines signed-off by the Anti-monopoly Commission of (...)

The Belgian Competition Authority adopts fining guidelines which extend the scope to include the sanction for abuse of economic dependency
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 3 September 2020, the Belgian Competition Authority adopted new guidelines on the method of setting fines for competition law infringements (the “Fining Guidelines”). The Fining Guidelines were published in the Belgian Official Journal on 16 September 2020 and entered into force immediately. (...)

The Belgian Competition Authority updates its guidelines on the calculation of fines
Belgian Competition Authority (Brussels)
Guidelines of the Belgian Competition Authority on the calculation of fines* As a result of the Royal Decree of 31 July 2020 published in the Belgian Official Gazette on 12 August 2020, the new Article IV.79 of the Code of Economic Law (CEL) entered into force on 22 August 2020. Pursuant to (...)

The US State of New York Senate proposes legislation to modernize its antitrust law and expands the State’s and private litigants’ ability to litigate against companies for anti-competitive conduct
Constantine Cannon (New York)
New York Could Lead the Nation Into 21st Century Antitrust Enforcement* New York is on the verge of revamping state antitrust enforcement to tackle competition issues of the 21st Century. On September 14, 2020, the Consumer Protection Committee of the New York State Senate held a virtual (...)

The Hong Kong Competition Authority publishes its policy on recommended pecuniary penalties for anti-competitive conduct
Hong Kong Competition Commission (Hong Kong)
Competition Commission publishes Policy on Recommended Pecuniary Penalties for anti-competitive conduct* The Competition Commission (Commission) today published a policy on recommended pecuniary penalties (Policy) for anti-competitive conduct. The Policy outlines the general principles and (...)

The US DoJ announces changes to its antitrust compliance program policy which include increased leniency for companies with robust compliance programs
Norton Rose Fulbright (New York)
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Norton Rose Fulbright (New York)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a historic shift, prosecutors with the US Department of Justice’s (DOJ) antitrust division (the "Division") will now consider providing credit in the charging (...)

The UK Government announces the strengthening of the powers of competition watchdogs to fine businesses who broke consumer law
Ashurst (London)
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ADNOC Group (Abu Dhabi)
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Ashurst (London)
On 18 June 2019, the UK government published a press release announcing ’tough new powers for the competition watchdog to fine businesses directly who have broken consumer law’. This follows a request from Lord Tyrie, Chair of the Competition and Markets Authority (’CMA’), for enhanced powers to (...)

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

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

Mitigation of fines: An overview of EU and national case law
One Essex Court (London)
The principal sanction available to the Commission and to national competition authorities (NCA) for infringements of the competition rules is the imposition of fines. In the UK a fine levied on the undertakings concerned is supplemented by the possibility of director disqualification, fines (...)

Anticompetitive practices

The EU General Court dismisses the appeals of airlines fined for forming a cartel and upholds the €790M fine (Airfreight cartel)
European Court of Justice (Luxembourg)
Cartel on the airfreight market: the General Court rules on actions brought by multiple airlines* On 9 November 2010, the European Commission adopted a decision [1] against multiple undertakings operating on the airfreight market (‘the carriers’) which had participated in a pricing cartel (...)

The Austrian Competition Authority files an action at the cartel court against a cabinet manufacturer for cartel activity (Cabinetmaking Cartel / Fürst)
Austrian Competition Authority (Vienna)
Joiner cartel: AFCA files another application with Cartel Court* In the course of its investigations into the joinery/cabinetmaking industry, the Austrian Federal Competition Authority (AFCA) filed an application with the Cartel Court on 28 March 2022 for a finding of an infringement pursuant (...)

The Austrian Competition Authority files an application at the cartel court for the imposition of a fine on a cabinet maker (Cabinetmaking Cartel / Norer Tischlereigesellschaft)
Austrian Competition Authority (Vienna)
AFCA files application to impose fine on joiner/cabinetmaker* In the course of its investigations into the joinery/cabinetmaking industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 16 February 2022 to fine one of the investigated (...)

The Austrian Competition Authority files applications for findings and a fine in relation to two companies engaged in measurement and control technology for building technology systems
Austrian Competition Authority (Vienna)
AFCA files applications for findings and a fine in relation to two companies engaged in measurement and control technology for building technology systems* The Austrian Federal Competition Authority (AFCA) filed applications with the Cartel Court on 16 February 2022 in relation to two (...)

The Austrian Competition Authority files an application to impose a fine on a submetering provider (ista Österreich)
Austrian Competition Authority (Vienna)
AFCA files application to impose fine on submetering provider* In the course of its investigations into the submetering industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 8. February 2022 to fine one of the investigated companies, (...)

The French Competition Authority hands down fines for cartel practices to two joint service offices and several of their members, all court bailiffs (Bureau de signification de Paris / Société civile de moyens des études et groupement des huissiers de justice de Seine-Saint-Denis)
French Competition Authority (Paris)
The Autorité de la concurrence hands down fines for cartel practices to two joint service offices and several of their members, all court bailiffs in Paris and Seine-Saint-Denis départements* Background Following the complaint from court bailiffs’ offices, today the Autorité issues two (...)

The Danish Competition Authority fines 22 nightclubs for market sharing agreement (Disco Cartel) Free
Danish Competition and Consumer Authority (Copenhagen)
Nightclubs are fined for market sharing agreement* A large number of nightclubs and their jointly owned purchasing company have agreed not to open nightclubs in each other’s towns or within a radius of 20 kilometres from one another. The nightclubs have accepted to pay fines for infringing the (...)

The EU Commission fines a Spanish ethanol producer €20 million for participating in a cartel concerning the wholesale price formation mechanism in the EU ethanol market (Abengoa)
Van Bael & Bellis (Brussels)
On 10 December 2021, the European Commission issued a press release in which it reported that it had fined Spanish ethanol producer, Abengoa S.A. and its subsidiary Abengoa Bionenergía S.A. (together, “Agengoa”), € 20 million for participating in a cartel concerning the wholesale price formation (...)

The EU Commission fines a former ethanol producer €20 million in a cartel settlement (Abengoa)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines former ethanol producer Abengoa € 20 million in cartel settlement* The Commission has fined the Spanish company Abengoa S.A. and its subsidiary Abengoa Bionenergía S.A. (together ‘Abengoa’) € 20 million for participating in a cartel concerning the wholesale price (...)

The EU Commission fines multiple banks €344 million for participating in a foreign exchange spot trading cartel (UBS / Barclays / RBS / HSBC / Credit Suisse)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines UBS, Barclays, RBS, HSBC and Credit Suisse €344 million for participating in a Foreign Exchange spot trading cartel* The European Commission has completed its cartel investigation into the Foreign Exchange (‘Forex’) spot trading market by imposing fines on five banks. (...)

The Dutch Competition Authority imposes fines totalling almost €4 million 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 EU General Court dismisses five separate appeals in an electrolytic capacitors cartel case, including on increased fines for repeat offenses and partial immunity from fines (NEC / Nichicon / Tokin / Rubycon / Nippon Chemi-Con)
Van Bael & Bellis (Brussels)
On 29 September 2021, the European General Court (“EGC”) dismissed in five separate judgments appeals lodged by Japanese producers, namely NEC Corporation, Nichicon Corporation, Tokin Corporation, Rubycon and Nippon Chemi-Con Corporation, against a decision adopted by the European Commission (...)

The New Zealand High Court imposes a $150K penalty over cartel conduct for taxi pick-up trips from Wellington Airport (Hutt / City Taxis)
New Zealand Commerce Commission (Wellington)
Penalty imposed for taxi cartel conduct* The High Court has ordered Hutt and City Taxis Limited (Hutt & City) to pay a penalty of $150,000 in relation to fixing the prices of taxi fares. Statement of Preliminary Issues released on EROAD/Coretex clearance application The Commission filed (...)

The US DoJ announces that a commercial flooring company pleaded guilty to bid-rigging and price-fixing (Mr. David’s)
US Department of Justice (Washington DC)
Commercial Flooring Company Pleads Guilty to Antitrust and Money Laundering Charges* Mr. David’s Flooring International LLC (Mr. David’s), a Chicago-based commercial flooring contractor, pleaded guilty after being charged for its role in a long-running conspiracy to rig bids and fix prices for (...)

The Latvian Competition Authority fines ten construction companies €16 million for being part of a bid-rigging cartel (Re & Re / Velve / Skonto Būve...)
Latvian Competition Council (Riga)
The Competition Council fines 10 construction companies for participating in the cartel* On July 30, the Competition Council (the CC) adopted a decision in the so-called “construction companies’ cartel” case, detecting long-term prohibited agreement of ten construction companies on the (...)

The Turkish Competition Authority decides its first case based on the new settlement procedure on anticompetitive agreements (Philips / Dünya / Meli̇sa / Ni̇tset / Gi̇pa)
Boğaziçi University (Istanbul)
Introduction The implementation of the settlement mechanism by the Turkish Competition Authority (“TCA”) is becoming more and more common every day ever since the Regulation on the Settlement Procedure for Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of (...)

The Croatian Competition Authority imposes fine on a company for using its strong bargaining power and imposing unfair trading practices on its chicken suppliers (Koka)
Croatian Competition Agency (Zagreb)
Unfair Trading Practices – CCA imposes HRK 100,000 fine on Koka, Varaždin* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) with the (...)

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)
Giannino SI (Monserrato)
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 Paris Court of Appeal significantly reduces fines imposed on French food companies for their involvement in a price-fixing, output restriction, and market-sharing cartel (Cap endives / Groupe Perle du Nord)
European Commission - DG COMP (Brussels)
On 1 July 2021, the Paris Court of Appeal largely confirmed an earlier decision of the French Competition Authority (“FCA”) finding that French endive producers’ organisations and associations had infringed Article 101 TFEU, but significantly reduced the amount of the fines imposed on them due to (...)

The Slovak Competition Authority fines six construction undertakings €1 million for forming a cartel (Artra / Čechovo / Janoli)
Slovak Competition Authority (Bratislava)
The Council of AMO SR decided on fines in the amount of more than 1 mil. EUR for a cartel in public procurements carried out through the ECS* The Council of the Antimonopoly Office of the Slovak Republic (hereafter “the Council of the Office”) on 19 May 2021, following the review of the (...)

The Portuguese Competition Authority sanctions a medical devices company for restricting distributor sales (Natus)
Portuguese Competition Authority (Lisbon)
AdC sanctions medical devices company for restricting distributors sales* The AdC’s decision The AdC sanctioned Natus Medical Incorporated (Natus) for restricting competition in the distribution of essential medical devices in the Portuguese market. The investigation, opened by the AdC in (...)

The EU Commission fines investment banks €371M for participating in a European bonds trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
By decision of 20 May 2021, the EC found that Bank of America, Natixis, Nomura, RBS (now NatWest), UBS, UniCredit and WestLB (now Portigon) breached EU antitrust rules through the participation of a group of traders in a cartel on the primary and secondary markets for European Government Bonds (...)

The EU Commission fines several investment banks €371 million for participating in a European government bond trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
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 Spanish Competition Authority fines 22 consulting firms and several of their executives a total of EUR 6.3 million for creating a cartel in a first case where the cartelist’s fine is reduced due to implementing a compliance program (Deloitte / KPMG / PwC)
Bird & Bird (Madrid)
On 11 May 2021, the Spanish Competition Authority (CNMC) fined 22 consulting firms and several of their executives a total of EUR 6.3 million for creating a cartel in violation of Article 1 of the Spanish Competition Act (LDC) and Article 101 of the Treaty of the Functioning of the European (...)

The UK Competition Appeal Tribunal confirms a pay-for-delay infringement decision but reduces the fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Van Bael & Bellis (Brussels)
On 10 May 2021, the UK’s Competition Appeal Tribunal (“CAT”) issued its final decision in GSK (Paroxetine) – the long-running saga concerning pay-for-delay patent settlement agreements between GSK and several generics. The CAT upheld the Competition and Markets Authority’s (“CMA”) finding of an (...)

The Czech Competition Authority fines two national infrastructure companies CZK 34 million for public procurement cartel (SPIE Elektrovod / ASE)
Czech Competition Authority (Brno)
SPIE ELEKTROVOD and ASE were fined almost CZK 34 million for public procurement cartel* In its first instance decision, the Office for the Protection of Competition imposed fines in the total amount of CZK 33,917,000 on SPIE Elektrovod, a.s. and ASE, s.r.o. for a cartel agreement concerning (...)

The Polish Competition Authority fines an online office equipment retailer for resale price maintenance (Fellowes)
Polish Competition Authority (Warsaw)
Collusion on office equipment market - decision of the President of UOKiK* Collusion on office equipment market - decision of the President of UOKiK Fellowes Poland for many years imposed minimum prices on distributors for resale of office equipment on the Internet. Tomasz Chróstny, President of (...)

The EU Commission fines three EU railway companies €48 million for market sharing (OBB / DB / SNCB)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines three EU railway companies €48 million for customer allocation cartel* The European Commission has fined railway companies Österreichische Bundesbahnen (ÖBB), Deutsche Bahn (DB) and Société Nationale des Chemins de fer belges / Nationale Maatschappij der Belgische (...)

The Lithuanian Supreme Administrative Court rejects the Competition Authority’s appeal and upholds the decision of the Court of First Instance which ordered to revisit the joint bid-rigging fine imposed on two container ship companies (Jadrana / Pasvalio melioracija)
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Authority will have to redecide on individualisation of fines for cartelists The Supreme Administrative Court of Lithuania (Court) rejected the appeal of the Lithuanian competition authority and upheld the decision of the court of first instance which ordered the (...)

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

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision regarding a cartel between 26 driving schools and their professional association (Driving schools cartel)
Lithuanian Competition Authority (Vilnius)
SUPREME ADMINISTRATIVE COURT OF LITHUANIA UPHOLDS COMPETITION AUTHORITY’S DECISION ON DRIVING SCHOOLS’ CARTELS* Driving schools and the Lithuanian association of driving schools (Association) which agreed to set prices of driving services for consumers will not avoid sanctions for cartel (...)

The French Competition Authority fines three manufacturers of industrial sandwiches sold under the retailer’s brand label €24.5M for an anticompetitive agreement (Roland Monterrat / La Toque Angevine / Daunat)
French Competition Authority (Paris)
The Autorité de la concurrence fines the three main French manufacturers of industrial sandwiches sold under retailer’s own brand label for anticompetitive agreement* Background The Autorité de la concurrence fines Roland Monterrat, La Toque Angevine (hereinafter "LTA") and Snacking Services (...)

The French Competition Authority fines three sandwich makers for creating a cartel (Roland Monterrat / La Toque Angevine / Daunat)
Vaillant Group (Paris)
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Huawei Technologies (Paris)
The French Competition Authority (“FCA”) recently fined the three main French manufacturers of sandwiches for mass retail distribution for having implemented a volume and customer allocation plan over a six-year period and agreed on the price level to be offered to their customers (€24.5 million (...)

The French Competition Authority fines the three main national manufacturers of industrial sandwiches sold under a private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers (Roland Monterrat / La Toque Angevine / Daunat)
Herbert Smith Freehills (Paris)
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Baudelin Avocat (Paris)
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Herbert Smith Freehills (Brussels)
On 24 March 2021, the FCA fined the three main French manufacturers of industrial sandwiches sold under private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers. The FCA launched dawn raids at the premises of the (...)

The EU Court of Justice reduces fine imposed on a company in the steel abrasives cartel case (Pometon)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 18 March 2021, the European Court of Justice (“ECJ”) delivered its judgment in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In its judgment, the ECJ partially upheld the appeal in so far as it found that the General Court had breached (...)

The EU Court of Justice reduces a fine imposed on a steel abrasives cartel on grounds of breach of the principle of equal treatment (Pometon)
McDermott Will & Emery (Dusseldorf)
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McDermott Will & Emery (Washington)
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Arnold & Porter Kaye Scholer (Brussels)
On 18 March 2021, the CJEU ruled on the appeal by Pometon SpA against the GCEU’s judgment in the steel abrasives cartel case. The CJEU ruled that the GCEU had breached the principle of equal treatment when recalculating the EC’s fine imposed on Pometon, the only non-settling party in this case. (...)

The Finnish Market Court finds that three manufacturers of expanded polystyrene engaged in a single and continuous national price-fixing cartel (Jackon Finland / UK-Muovi / Styroplast)
Hannes Snellman (Helsinki)
On 3 March 2021, the Market Court agreed with the submission of the Finnish Competition and Consumer Authority ("FCCA"), that three manufacturers of expanded polystyrene (“EPS”), a building insulation material, had engaged in a national price fixing cartel lasting one and a half years. One of (...)

The Czech Competition Authority sanctions a bid-rigging agreement on projecting high-speed rails (Sudop / VUZ)
Bird & Bird (Prague)
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Bird & Bird (Prague)
Leniency programmes and settlement procedures are commonly used by the Czech Office for the Protection of Competition (“Office”). The leniency programme was used as a “soft law” by the Office since 2001 to promote discovery of unlawful horizontal agreements. As for the settlement procedure, it (...)

The EU Commission fines the owner of an online PC gaming platform and five publishers for entering into “geo-blocking” practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines Valve and five publishers of PC video games € 7.8 million for “geo-blocking” practices* The European Commission has fined Valve, owner of the online PC gaming platform “Steam”, and the five publishers Bandai Namco, Capcom, Focus Home, Koch Media and ZeniMax € 7.8 million (...)

The EU Commission imposes fines in the video games sector for geo-blocking practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)
Strelia (Brussels)
One of the final cases resulting from the European Commission’s e-commerce sector enquiry has come to a conclusion. On 20 January 2021, the Directorate-General for Competition fined Valve Corporation, owner of the Steam game distribution platform, and five personal computer (PC) video game (...)

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 Hong Kong Competition Tribunal issues fines against six decoration contractors and two individuals for engaging in cartel conduct in contravention of section 6 of the Competition Ordinance which prohibits anti-competitive agreements (Fungs / Yee Hing / Cheung Min / Hing Shing / Luen Hop / Dao Kee...)
Ashurst (Singapore)
On 5 January 2021, the Hong Kong Competition Tribunal ("Tribunal") issued fines totalling approximately HKD 3.26 million against six decoration contractors and two individuals for engaging in cartel conduct in contravention of section 6 of the Competition Ordinance ("Ordinance"), which (...)

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

The Finnish Market Court confirms that an association of driving schools has breached competition law by issuing price recommendations that sought to increase the price level of driving lessons (Uusimaa association of driving schools)
Hannes Snellman (Helsinki)
On 15 December 2020, the Market Court agreed with the submission of the Finnish Competition and Consumer Authority ("FCCA"), that the regional association of driving schools in Finland’s most populous region, Uusimaa, ("Association") as well as the Association’s Board members, had breached (...)

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

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

The Lithuanian Competition Authority reduces fine for price fixing due to the effects of COVID-19 pandemic (Theatrical Film Distribution / NCG Distribution / Forum Cinemas) Free
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 its (...)

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

The Polish Competition Authority fines a music manufacturer for setting minimum online resale prices (Yamaha Music Europe)
Van Bael & Bellis (Brussels)
According to a press release of 5 November 2020, the Polish Office of Competition and Consumer Protection (the “UOKIK”) imposed a fine of PLN 511,806.92 (approximately € 114,000) on musical equipment manufacturer Yamaha for setting minimum prices at which its products could be sold by distributors (...)

The Japanese FTC closes investigation into conduct that allegedly caused all 12 members of a professional baseball association to refuse to sign contracts with certain players (Nippon Professional Baseball)
Japan Fair Trade Commission (Tokyo)
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by Nippon Professional Baseball* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Nippon Professional Baseball (hereinafter referred to as the “NPB”). The NPB is the Japanese top (...)

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

The EU Court of Justice AG Hogan recommends reducing fine imposed on a company in steel abrasives cartel case (Pometon)
Van Bael & Bellis (Brussels)
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Milbank (London)
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Van Bael & Bellis (Brussels)
On 8 October 2020, Advocate General (“AG”) Hogan issued his opinion in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In his opinion, the AG advises the Court of Justice (“ECJ”) to partially uphold the appeal in so far as the General Court (...)

The Romanian Competition Authority fines five companies € 468,000 for participating in a bid rigging cartel in public tender for street refurbishment (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)
Van Bael & Bellis (Brussels)
On 24 September 2020, the Romanian Competition Council (“RCC”) imposed fines totalling € 468,000 on five companies for engaging in bid-rigging in relation to public tenders concerning the refurbishment of certain streets in the Romanian city of Pitesti. The investigation started in 2018 following (...)

The Romanian Competition Authority sanctions 5 companies with €468,000 for rigging the bids on rehabilitation of the streets in Pitesti (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)
Romanian Competition Council (Bucharest)
The Competition Council Sanctioned Five Companies With Lei 2.23 Million for Riging the Bid* The Competition Council sanctioned with fines amounting 2,237,094 lei (approx. 468,000 euro) five companies for rigging the bids on rehabilitation of the streets in Pitesti, as follows: Construct Steel (...)

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 Austrian Cartel Court finds musical instrument manufacturer guilty of price fixing (Roland Germany)
Austrian Competition Authority (Vienna)
Cartel Court finds Roland Germany GmbH guilty of price fixing* The company cooperated with the AFCA within the leniency programme On 24 September 2020 the Cartel Court, acting on the Austrian Federal Competition Authority’s (AFCA) application of 2 June 2020, found Roland Germany GmbH to have (...)

The Spanish Competition Authority sanctions the amendment of the 4th framework agreement on stowage, for restricting competition (ANESCO / CETM / UGT / CC.OO. / CIG / LAB / ELA)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC sanctions the amendment of the 4th framework agreement on stowage, for restricting competition* The entities (a business association and six unions) established, as part of the Negotiating Commission of the 4th Framework Agreement on Stowage, the forced transfer - under non-objective, (...)

The Danish Competition Authority fines a design company for dictating prices (GUBI)
Danish Competition and Consumer Authority (Copenhagen)
Design company pays fine of DKK 6 million for dictating prices* GUBI A/S, a Danish design company within furniture and lighting, has entered into a settlement and accepted to pay a fine of DKK 6 million for infringing the Danish Competition Act. The company contacted the authorities on the (...)

The Italian Competition Authority fines four taxi firms for foreclosure of open platforms (Consortaxi / Taxi Napoli / Radio Taxi Partenope / Desa Radiotaxi) Free
Herbert Smith Freehills (Milan)
On 15 September 2020, the Italian Competition Authority (“ICA”) found that four taxi firms had entered into an agreement having as its object the prevention of competition by app providers in Naples. Due to the seriousness of the breach of Article 101 TFEU, a request by the parties that a (...)

The Polish Competition Authority imposes penalties on producers of feed for breeding animals for engaging in market sharing and concluding restricting agreements (Polmass / Ekoplon)
Polish Competition Authority (Warsaw)
President of UOKiK has imposed penalties of more than PLN 17 million for market division scheme* Producers of feed for breeding animals – Polmass and Ekoplon – have concluded competition-restricting agreements. They shared two markets, thus limiting customers in their free selection of products. (...)

The Dutch Trade and Industry Appeals Tribunal reduces by 99% a fine which was imposed by the Competition Authority for a cartel due to the special circumstances surrounding the COVID-19 pandemic Free
Bird & Bird (The Hague)
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Bird & Bird (Amsterdam)
The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, “CBb”) reduced a fine imposed by the Dutch Authority for Consumers & Markets (“ACM”) on an unidentified undertaking with 99%, from €1 million to €10.000,-. The ACM asked the court to lower the fine, after (...)

The Indian Government allows the Tax Department to share information with the Competition Authority, which proceeded to give leniency to two companies involved in cartel cases in the transport sector during the COVID-19 pandemic (Automotive Bearing / Railway Locomotive) Free
National University of Study and Research in Law (Ranchi)
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AZB & Partners (Mumbai)
CCI joins forces with the Indian Tax Department: A new dawn for the Indian Fair-trade regulator?* The outbreak of the Covid-19 pandemic has worsened the already struggling Indian economy and the sky-high growth in the cartel cases in the country comes as no surprise. However, given the current (...)

The Hellenic Competition Authority fines two furniture companies for bid-rigging a public hospital’s tender but reduces their fines for cooperation in the case (Papanastasiou / Pichas)
Hellenic Competition Commission (Athens)
Decision on the ex-officio investigation in the furniture and professional equipment market (703/2020)* The Hellenic Competition Commission (HCC), in plenary, adopted a unanimous decision following the simplified Settlement Procedure according to article 25a of Law 3959/2011 and Decision no. (...)

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

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

The EU Commission fines ethylene purchasers for having colluded and exchanged information on purchase prices (Orbia / Clariant / Celanese / Westlake)
Ashurst (Brussels)
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ADNOC Group (Abu Dhabi)
,
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 took (...)

The Indian Competition Authority refrains from imposing fines and imposes a cease and desist order on multiple rail companies guilty for cartelization but avoids fining due to companies’ size and the economic impact of COVID-19 (Chief Materials Manager, South Eastern Railway / Hindustan Composites) Free
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
Following references by procurement officials of a number of railway companies, the Competition Commission of India (CCI) found that 10 suppliers of composite brake blocks had, at least from 2009 to 2017, engaged in cartelization, by means of directly or indirectly determining prices, (...)

The Indian Competition Authority identifies cartels but does not impose any penalty amidst the COVID-19 pandemic (Chief Materials Manager, South Eastern Railway / Hindustan Composites) Free
Nirma University (Ahmedabad)
The Indian antitrust watchdog has changed its modus operandi in the ensuing pandemic, by taking a softer stance on cartel-like behaviour in the Micro Small and Medium Enterprises (MSME) sector. In July 2020, the Competition Commission of India (‘Commission’), while proving the existence of a (...)

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) Free
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 rig (...)

The Indian Competition Authority refuses to penalize railway companies for bid-rigging due to economic downturn caused by COVID-19 (Chief Materials Manager, South Eastern Railway / Hindustan Composites) Free
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS While the CCI found sufficient evidence to hold that there existed a contravention of Section 3(3) of the Act, given the economic downturn due to the pandemic faced by Micro Small and Medium Enterprises (“MSMEs”) in India, and other public interest considerations, the CCI imposed no (...)

The EU General Court orders that the fine imposed on a semiconductor manufacturer for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600 (Infineon Technologies)
General Court of the European Union (Luxembourg)
The General Court orders that the fine imposed on Infineon for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600* The Commission took insufficient account of the limited number of the anticompetitive contacts which (...)

The EU General Court reduces the fine imposed on a company for its participation in the smart card chip market by almost €6 million (Infineon Technologies)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
By decision of 3 September 2014, the Commission established the existence of a cartel in the smart card chip sector in the EEA from 2003 to 2005. Within said cartel, several undertakings, namely Infineon, Philips, Samsung and Renesas, had coordinated their pricing policy through a network of (...)

The Indian Competition Authority issues two cease and desist orders in recent leniency decisions concerning railway companies and four industrial and automotive bearings manufacturers but avoids fining due to companies’ size and the economic impact of COVID-19 (Schaeffler / SKF / NEI / Tata) (Chief Materials Manager, South Eastern Railway / Hindustan Composites) Free
Khaitan (Mumbai)
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Khaitan (New Delhi)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Two recent cartel findings in quick succession, yet no penalties in either. Strange as it may seem, it is true. We speak of the Competition Commission of India (...)

The Indian Competition Authority refrains from imposing fines on four industrial and automotive bearings manufacturers for being part of a cartel (ABC Bearings / National Engineering Industries / Schaeffler / SKF / Tata Steel)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
Key Points The existence of an agreement between four industrial and automotive bearings manufacturers was established in relation to price revision as well as minimum percentage of price increase to be quoted to automotive and industrial Original Equipment Manufacturer (“OEM”) customers. The (...)

The Indian Competition Authority issues for the first time in a cartelization case a cease and desist order with no penalty against 4 industrial and automotive bearings manufacturers (Schaeffler / SKF / NEI / Tata) Free
Lakshmikumaran & Sridharan (New Delhi)
,
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 rig (...)

The Spanish Supreme Court sheds light on the liability of cartel members not directly active in the relevant market (FENIN)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
In 2016, the CNMC fined €128.8 million on seven manufacturers, a business association (the Spanish Federation of Healthcare Technology Companies (FENIN)) and four individuals for setting up a price-fixing cartel of adult diapers sold in pharmacies (Decision of 26 May 2016, AIO, file S/DC/0504/14 (...)

The Slovakian Council of the Antimonopoly Office imposes fines totaling €6.7 million for a cartel agreement between dealers of motor vehicles (Volkswagen)
Bird & Bird (Bratislava)
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Bird & Bird (Prague)
On 15 May 2020 the Council of the Antimonopoly Office of the Slovak Republic ("CAOS") changed the first-instance decision of the Antimonopoly Office of the Slovak Republic ("AOS") dated 3 February 2020 and imposed fines totalling of EUR 6,7 million for a cartel agreements between dealers of (...)

The EU Court of Justice partially annuls the General Court power cables cartel decision and reduces the fine imposed by €200,000 (NKT)
Van Bael & Bellis (Brussels)
On 14 May 2020, the Court of Justice of the European Union (the “Court of Justice”) partly set aside a judgment of the General Court dismissing the action brought by NKT Verwaltungs GmbH (formerly nkt cables GmbH) and NKT A/S (formerly NKT Holding A/S) (together, “NKT”) in the Power Cables cartel (...)

The EU Court of Justice partially quashes the General Court’s decision and reduces the fines on eleven producers of high voltage power cables for their participation in a global market-sharing cartel (NKT)
Ashurst (Brussels)
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Ashurst (Brussels)
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Ashurst (Brussels)
On 14 May 2020, the European Court of Justice (the "ECJ") partially quashed the General Court’s (the "GC") judgment upholding the European Commission’s ("Commission") power cables cartel decision with respect to NKT and its wholly owned subsidiary NKT Verwaltungs (together "NKT" or the (...)

The EU Commission fines a hotel group €6.6M for including restrictive clauses in its agreements with tour operators (Meliá)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines hotel group Meliá €6.7 million for discriminating between customers* The European Commission has fined Spanish hotel group Meliá €6 678 000 for including restrictive clauses in its agreements with tour operators. These clauses discriminate consumers within the European (...)

The EU Commission imposes a €6.7 million fine on a Spanish hotel group for restrictions on cross-border sales of hotel accommodations by including discriminatory clauses in its agreements with tour operators (Meliá)
Van Bael & Bellis (Brussels)
On 21 February 2020, the European Commission (the “Commission”) announced its decision to fine Spanish hotel group Meliá € 6,678,000 for including clauses in its agreements with tour operators that discriminated between consumers based on their country of residence. According to the Commission’s (...)

The Polish Competition Authority imposes a fine on a manufacturer of office equipment who set minimum online sale prices for its printers (Brother)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
In February 2020, the Polish Competition Authority (“UOKiK”) announced that in December 2019 it imposed a PLN 1.4 million fine on Brother Central & Eastern Europe (“Brother”), a manufacturer of office equipment, which set minimum online sale prices for printers. Between 2010 and 2017, Brother (...)

The Polish Competition Authority imposes a €325,000 fine on an office equipment maker for engaging in online retail price maintenance (Brother)
Van Bael & Bellis (Brussels)
On 11 February 2020, the Polish Office of Competition and Consumer Protection (the “UOKIK”) imposed a fine of PLN 1.4 million (approximately € 325,000) on office equipment maker Brother for online retail price maintenance (“RPM”). The UOKIK’s decision explains that, between the years 2010 and 2017, (...)

The EU Commission reiterates in a case regarding a film and TV production company its position that if a business allows for the non-exclusive licensing of its products in the EEA the licensor can no longer control the sale of the product (NBCUniversal)
Norton Rose Fulbright (Brussels)
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Norton Rose Fulbright (Brussels)
The European Commission has reiterated its position that if a business allows for the non-exclusive licensing of its products in the EEA, such licensor can no longer control where, to whom, and in what manner (online/off-line) the products can be sold within the EEA. On 30 January 2020, the (...)

The EU Commission fines a €14.3 million a film and TV production company for restricting intellectual property licensing (NBCUniversal)
Ashurst (Brussels)
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ADNOC Group (Abu Dhabi)
On 30 January 2020 the European Commission ("Commission") fined NBCUniversal EUR 14,327,000 for restricting intellectual property licensees from selling licensed merchandise within the EEA to territories and customers beyond those allocated to them. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS (...)

The EU Commission imposes a €14.3 million fine on a film and TV production company for restricting sales of licensed film merchandise (NBCUniversal)
Strelia (Brussels)
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Bird & Bird (Brussels)
On 30 January 2020, the Commission imposed a fine on NBCUniversal for the restriction of sales of film merchandise relating to Minions and Shrek, among others. In June 2017, the Commission opened investigations into the licensing deals entered into by Nike, Sanrio (Hello Kitty), and (...)

The EU Commission imposes a €14.3 million fine on a film and TV production company for territorial and online sale restrictions of merchandising products (NBCUniversal)
Van Bael & Bellis (Brussels)
On 30 January 2020, the European Commission (“Commission”) announced its decision to fine several companies belonging to Comcast Corporation, including NBCUniversal, € 14,327,000 for limiting the ability of licensees to sell licensed merchandising products to other EEA countries and non-allocated (...)

The EU Commission fines €14.3 million a film production company for restricting the sale of merchandising products (NBCUniversal)
Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
On 30 January 2020, the European Commission fined NBCUniversal EUR14,3 million for restricting intellectual property licensees from selling licensed merchandise within the EEA to territories and customers beyond those allocated to them. The Commission found that for over six and a half years, (...)

The EU Commission fines a film and TV production company for implementing territorial and online sale restrictions through merchandising license agreements (NBCUniversal)
Liège University (Liège)
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Liège University (Liège)
On 30 January 2020, the European Commission (‘the Commission’) announced its decision to fine several film companies belonging to Comcast Corporation, including NBCUniversal LLC (‘Universal’), €14,327,000 for the implementation of territorial, consumer and online sales restrictions through their (...)

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

The Hungarian Competition Authority fines alarm system distributors over €1.5 million for anticompetitive agreements (Paradox)
Van Bael & Bellis (Brussels)
The Hungarian Competition Authority (“GVH”) fined a supplier of security alarm systems, Paradox Security Systems (“Paradox”), registered in the Bahamas, and two of its Hungarian distributors, Power Biztonságtechnikai Kereskedelmi Kft (“Power”) and Trióda Biztonságtechnika Zrt (“Trióda”), approximately (...)

The Spanish Competition Authority fines a company for anticompetitive restrictions in contracts concluded with authorized repairers of gas boilers (Vaillant)
Van Bael & Bellis (Brussels)
On 26 November 2019, the Spanish Competition Authority (“CNMC”) imposed total fines of € 859,763 on several companies in the Vaillant Group, suppliers and repairers of gas boilers, for a breach of Article 1 of the Spanish Competition Act for anticompetitive restrictions in contracts concluded with (...)

The EU General Court partially annuls the Commission’s decision in a car battery recycling cartel case finding that the Commission erred in its findings on the duration of the infringement and on the fine reduction for mitigating circumstances (Campine)
Ashurst (Brussels)
On 7 November 2019, the General Court ("GC") partially annulled with respect to Campine the Commission’s decision in the car battery recycling cartel case. While the Commission was correct to establish that Campine had participated in an unlawful cartel, the GC concluded that the Commission (...)

The EU General Court reduces the fine imposed on a company involved in a car battery recycling cartel (Campine)
Van Bael & Bellis (Brussels)
On 7 November 2019, the General Court (“GC”) ruled on an appeal lodged by Campine Recycling NV (“Campine”) against the Commission’s decision fining Campine € 8,158,000 for its involvement in the Car Battery Recycling cartel. In its decision, the Commission found that Campine had agreed with others to (...)

The Paris Court of Appeal confirms the decision of the Competition Authority sanctioning a leader in garden machinery who imposed clauses restricting online sales on its distribution network (Stihl)
Addleshaw Goddard (Paris)
The Court of appeal of Paris has confirmed the decision of the French Competition Authority ("FCA") sanctioning Stihl, a manufacturer of mechanical garden equipment, for prohibiting, between 2006 and 2017, the sale of certain dangerous products on its distributors’ websites. The Court of appeal, (...)

The Australian Federal Court orders a transportation company to pay a $34.5 million fine for criminal cartel conduct in the supplies of shipping services market (Kawasaki Kisen Kaisha)
Ashurst (Sydney)
On 2 August 2019, Kawasaki Kisen Kaisha Ltd ("K-Line") was ordered by the Federal Court of Australia to pay a $34.5 million fine for criminal cartel conduct occurring between July 2009 and September 2012. K-Line’s fine is the largest ever criminal penalty to be handed down for contraventions of (...)

The Australian Federal Court imposes a record fine on a shipping company guilty of cartel conduct due to the length, serious nature, and economic importance of the market (Kawasaki Kisen Kaisha)
Herbert Smith Freehills (Melbourne)
Kawasaki Kisen Kaisha Ltd (K-Line) has received the largest criminal fine imposed under the Competition and Consumer Act, after pleading guilty to criminal cartel conduct in 2018. Justice Wigney of the Federal Court stated that the penalty “should send a powerful message to multinational (...)

The UK Competition Authority imposes a record-breaking £3.7 million fine on a piano supplier for online resale price maintenance (Casio)
Van Bael & Bellis (Brussels)
According to a press release issued on 1 August 2019, the Competition and Markets Authority (“CMA”) imposed a fine of £ 3.7 million (approximately € 4.1 million) on piano supplier Casio Electronics (“Casio”) for online resale price maintenance (RPM). Between the years 2013 and 2018, Casio reportedly (...)

The Paris Court of Appeal reduces the fines imposed on six of the companies involved in a flour cartel (Goodmills)
Bird & Bird (Paris)
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Vaillant Group (Paris)
The flour cartels judicial saga began in 2012 with a decision from the French Competition Authority (“the FCA”) under which it imposed a €242.6 million fine on 17 French and German companies for setting up a cross-border cartel between German and French millers between 2002 and 2008, and a (...)

The EU Commission re-adopts its decision for the third time and imposes fines totalling more than €16 million on steel producers (Steel bar cartel)
Van Bael & Bellis (Brussels)
On 4 July 2019, the European Commission (the “Commission”) adopted for the third time a cartel decision in which it imposed total fines of more than € 16 million on five Italian manufacturers of reinforcing steel bars for concrete, namely AlfaAcciai, Feralpi Holding, Ferriere Nord, Partecipazioni (...)

The EU General Court reduces a fine totaling over €30 million imposed in a cartel case (Pometon)
Van Bael & Bellis (Brussels)
On 28 March 2019, the General Court (“GC”) delivered a judgment on an appeal lodged by Pometon against the European Commission’s (“Commission”) decision in the Steel Abrasives cartel case (Case T-433/16, Pometon SA v. Commission). In April 2014, the Commission imposed fines totalling over € 30 (...)

The EU General Court rules that pay-for-delay patent settlements can be illegal agreements but annuls abuse of dominance finding (Servier)
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (Rome)
The General Court has given eight judgments on a Commission fining decision concerning patent settlements entered into by Servier and five competitor producers of generic drugs, reducing the fines from a total of € 428 million to € 315 million. The Court broadly upheld the fines based on Article (...)

The EU General Court annuls a decision of the Commission for wrongly qualifying agreements as "pay for delay" and improperly qualifying an abuse of dominance, thus reducing the fine imposed on a pharmaceutical company (Servier)
Dechert (Paris)
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Dechert (Paris)
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Dechert (Paris)
The General Court annuls in part the European Commission’s decision finding the existence of restrictive agreements and an abuse of a dominant position on the market for perindopril, a medicine used to treat hypertension and heart failure* On 12 December 2018, the General Court (“Court”) (...)

The Higher Regional Court of Düsseldorf fines sausage manufacturer over € 6.5 million for cartel participation (Franz Wiltmann)
Blomstein (Berlin)
The Düsseldorf Higher Regional Court (Oberlandesgericht) imposed a fine of 6.5 million Euros on sausage manufacturer Franz Wiltmann and a fine of 350,000 Euros on a manager of the company for price fixing with other sausage producers. Agreement on the timing of price increases According to the (...)

The EU Court of Justice partly upholds the judgement of the EU General Court in a cartel case but sends it back to reexamine the calculation of the fine (Infineon Technologies)
Van Bael & Bellis (Brussels)
On 26 September 2018, the Court of Justice of the European Union (“ECJ”) delivered two judgments on the appeals brought by Infineon and Philips against the General Court (“GC”)’s earlier judgments relating to the European Commission’s decision in Smart card chips cartel case. By way of background, (...)

The EU Court of Justice refers a case back to the General Court to reconsider the possibility of mitigating circumstances on the fine calculation (Infineon Technologies)
McDermott Will & Emery (Brussels)
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Norton Rose Fulbright (Brussels)
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McDermott Will & Emery (Brussels)
CJEU REFERS SMART CARD CHIPS CARTEL CASE BACK TO GCEU, DISMISSES PHILIPS APPEAL On 26 September 2018, the CJEU considered that the GCEU had not taken into account certain possibly mitigating circumstances—namely the relatively small number of Infineon’s unlawful contacts with other cartel (...)

The UK Competition Appeal Tribunal dismisses the appeal brought by a manufacturer of golf equipment on the liability of anticompetitive practices but permits a small reduction of the fine (Ping)
Rosenblatt (London)
UK LANDMARK COMPETITION CASE CONDEMNS ABSOLUTE INTERNET SALE BAN AS A SERIOUS BREACH OF COMPETITION LAW* Introduction The Competition Appeal Tribunal (“CAT”) handed down its judgment on 7 September 2018 in relation to an appeal by Ping Europe Limited (“Ping”) challenging the decision of the UK (...)

The EU Commission fines consumer electronics manufacturers a total of €111 million for resale price maintenance, granting substantial reductions in the fines through the cooperation procedure (Asus / Denon & Marantz / Philips / Pioneer)
Van Bael & Bellis (Brussels)
According to a press release and statement issued on 24 July 2018, the European Commission has, in four separate decisions, fined consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer a total of €111 million for engaging in resale price maintenance during periods (...)

The Indian Competition Authority grants penalty reductions to 4 out of 6 members of a cartel guilty of bid-rigging public tenders for setting up solid waste processing plants (Nagrik Chetna Manch / Fortified Security Solutions)
Vaish Associates Advocates (New Delhi)
CCI passes its third leniency decision* The CCI by way of an order dated May 1, 2018 has issued its third leniency order in the case of Nagrik Chetna Manch v. Fortified Security Solutions and Ors. (Case 50 of 2015) in which it granted reduction in penalty to four out of the six leniency (...)

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 Indian Competition Authority grants penalty reductions to all 3 members of a cartel in zinc-carbon dry batteries due to the members’ leniency applications, including a historic 100% penalty reduction to the first priority leniency applicant (Panasonic / Eveready / Nippo)
Vaish Associates Advocates (New Delhi)
Competition Commission of India (“CCI”) grants first-ever 100 percent reduction in penalty* The CCI by its order dated April 19, 2018, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency applicant, Panasonic Energy India Co. Ltd (‘Panasonic’) in a case involving (...)

The Turkish Competition Authority provides explanations on the calculation of the fine after its first decision was annulled on appeal in the pharmaceutical sector (Turkish Pharmacists Association)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
A. Introduction The Competition Board (“Board”) has recently published its reasoned decision in its reassessment of the Turkish Pharmacists Association (Türk Eczacıları Birliği) (“TPA”) case, following the annulment decision rendered by the 13th Chamber of the High State Court (“High State Court”). (...)

The Indian Competition Authority reconsiders a price fixing case referred back from the Appellate Tribunal and imposes revised fines against airline companies for fixing fuel surcharge rates for cargo transportation (Jet Airways / InterGlobe Aviation / Spice Jet)
Vaish Associates Advocates (New Delhi)
Competition Commission of India (“CCI”) imposes penalty on Jet Airways, IndiGo Airlines and Spicejet for fixing fuel surcharge rates* By way of an order dated March 7, 2018, the CCI has imposed a cumulative penalty of approx. INR 54 Crores on Jet Airways (India) Ltd (‘Jet Airways’), InterGlobe (...)

The Hungarian Competition Authority publishes new notices on fines in an effort to incentivise companies to cooperate in reducing their fines
Hungarian Competition Authority (Budapest)
According to the GVH’s new Notices on Fines significant advantages can be gained from cooperating with the authority* The Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) incentivises undertakings to remedy the harm caused to consumers as a result of competition law infringements (...)

The EU General Court reduces the fine after re-hearing the bathroom fixtures and fittings cartel case (Laufen Austria)
Van Bael & Bellis (Brussels)
On 12 September 2017, the General Court (“GC”) handed down its judgment on an appeal lodged by Laufen Austria, a bathroom equipment manufacturer, against a Commission decision in connection with the bathroom fixtures and fittings cartel case, which was referred back to it for determination by the (...)

The Australian Federal Court issues its first criminal cartel prosecution and fines a global shipping company for fixing freight rates, bid rigging and customer allocation affecting the importation of ten major vehicle brands (Nippon Yusen Kabushiki Kaisha)
Ashurst (Sydney)
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Ashurst (Sydney)
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Ashurst (Brisbane)
What you need to know This is the first prosecution under Australia’s criminal cartel provisions since their introduction in 2009. In a landmark decision, the global Japanese shipping company, Nippon Yusen Kabushiki Kaisha (NYK) has been fined A$25 million for its involvement in "deliberate, (...)

The Paris Court of Appeal confirms the validity of the method applied by the French Competition Authority to fine a professional organisation of modelling agencies (Modelling sector’s main professional union)
TotalEnergies (Paris)
The method of setting fines These French guidelines specify the different steps followed by the French Competition Authority (FCA): • determination of the basic amount of the fine, depending on the seriousness of the infringements and the importance of the harm to the economy (the basic amount (...)

The Indian Competition Authority finds a professional pharmaceutical association guilty of anticompetitive conduct but refrains from imposing a fine because the association has already recently been fined for similar conduct (Karnataka Chemists and Druggists Association)
Vaish Associates Advocates (New Delhi)
CCI finds Karnataka Chemist and Druggists Association (KCDA) in violation of Section 3(3) of the Act* CCI by its order dated March 2, 2017 has found that KCDA violated Section 3(3) of the Act. Being prima-facie satisfied by the information filed, the CCI ordered investigation into the matter. (...)

The EU General Court rules on three actions claiming damages for alleged excessive duration of judicial proceedings (Armando Alvarez / Plasticos Espanoles / Kendrion)
Van Bael & Bellis (Brussels)
On 1 and 17 February 2017, the General Court (“GC”) delivered three judgments in relation to actions claiming damages for alleged excessive duration of judicial proceedings. This is the second set of judgments issued by the GC on this topic. Last month, the GC awarded Gascogne more than € 57,000 (...)

The Italian Competition Authority takes into account the compliance programs of companies in setting up the fines for having implemented anticompetitive agreement in the home ventilotherapy and home oxygen therapy supply services sector (Medicale / Medicair Italia / Medigas Italia / Sapio Life / Vitalaire Italia / Viviso...)
McDermott Will & Emery (Brussels)
Compliance Programs – The Italian Competition Authority Highlights the Importance of an Effective Implementation and Update* On 19 January 2017, the Italian Competition Authority (the Authority) issued a decision concerning alleged anticompetitive agreements in the home ventilotherapy and home (...)

The EU Court of Justice confirms that the Commission has a considerable margin of discretion to revise a proposed fine upwards concerning companies that have withdrawn from a settlement procedure (Timab Industries)
United Kingdom’s Competition Authority (CMA) (London)
The Court of Justice of the European Union (CJEU) Confirms the Commission’s Approach to Hybrid Settlements* The case follows on from the Commission’s Animal Feed Phosphates cartel decision pursuant to which fines totalling €176 million were imposed on a number of producers of animal feed for (...)

The Indian Competition Appellate Tribunal rejects an application for complete stay of penalty in a cement cartel case (Binani Cement / Builders’ Association of India)
Vaish Associates Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) rejects the application of Binani Cement for complete stay of penalty in Cement Cartel appeals* COMPAT by its order dated January 9, 2017 has rejected the application of Binani Cement for complete stay of penalty while its appeal against the penalty (...)

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

The Indian Competition Appellate Tribunal reverses the fine against a professional association and its compliant pharmaceutical member company due to anticompetitive agreements (Maruti & Company / KCDA Karnataka Chemists & Druggists Association / Lupin)
Vaish Associates Advocates (New Delhi)
COMPAT set asides penalty imposed on Lupin and its office bearers* COMPAT vide order dated December 07, 2016 while setting aside the order dated July 28, 2016 of CCI has quashed the penalty of Rs 73 Crores imposed on Lupin Ltd. (“Lupin”) and its two officials for alleged anticompetitive (...)

The Indian Competition Appellate Tribunal reverses the Competition Authority’s fine on pharmaceutical companies in a bid-rigging case (GlaxoSmithKline / Sanofi)
Vaish Associates Advocates (New Delhi)
COMPAT sets aside penalty against GSK Pharmaceuticals Ltd. (GSK) and Sanofi Ltd. (Sanofi) for alleged bid-rigging in procurement of meningitis vaccine for Haj and Umrah pilgrims by Ministry of Health and Family Welfare* COMPAT by its order dated November 8, 2016, has set aside the penalty (...)

The Chinese High Court of Beijing rejects an appeal in China’s first follow-on private action against six infant formula suppliers for engaging in resale price maintenance (Junwei Tian / Carrefour / Abbott)
Freshfields Bruckhaus Deringer (Hong Kong)
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Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (Beijing)
In one of the most notable decisions at the end of last year, the Beijing High Court rejected an appeal in China’s first follow-on private action in Junwei Tian v. Beijing Carrefour Shuangjing Store and Abbott Shanghai. The claim followed the decision in 2013 of China’s National Development and (...)

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

The EU General Court rules that a parent company cannot be held liable for aggravated circumstances of a subsidiary’s conduct prior to the date of its acquisition (Parker Hannifin)
Van Bael & Bellis (Brussels)
Under settled case law, a subsidiary and its parent company may be regarded as forming a single economic unit for the purpose of EU competition law. In such case, the Commission may be entitled to hold the parent company jointly and severally liable for the unlawful conduct of its subsidiary (...)

The EU Court of Justice holds that the Commission is entitled when calculating a fine to refer to the last business year that corresponds to a full year of normal activity (Pre-stressing steel cartel)
Van Bael & Bellis (Brussels)
Under Article 23(2) of the Regulation on the Implementation of the Rules on Competition, a fine imposed for competi- tion law infringements should not exceed 10 percent of the undertaking’s total turnover in the business year preceding the decision in which the Commission imposes the fine. In (...)

The Indian Competition Appellate Tribunal cancels fines for bid rigging against 12 ordnance factory suppliers due to lack of evidence and investigation errors by the Competition Authority and clarifies that identical bids are not prima facie collusive (Narendra Explosive)
Vaish Associates Advocates (New Delhi)
COMPAT sets-aside penalty imposed on 12 suppliers to ordnance factories for indulging in cartelization for supplying raw material that is used for manufacturing of 81 mm bomb* COMPAT by its order dated May 10, 2016 has set-aside the order of CCI where it had imposed a penalty to the tune of (...)

The Indian Competition Appellate Tribunal cancels a fine for anticompetitive agreement against a pharmaceutical company due to lack of evidence of the said agreement (Alkem / AKCDA)
Vaish Associates Advocates (New Delhi)
COMPAT sets aside CCI’s penalty on Alkem Laboratories for indulging in anti-competitive practices* COMPAT by its order dated May 10, 2016 has set-aside the order of CCI in so far as it had held that Alkem Laboratories Limited (Alkem) for violation of Section 3(1) of the Act and had imposed a (...)

The Indian Competition Appellate Tribunal sends a case back to the Competition Authority due to failure to give defendants notice for appeal before imposing fines and violating the principle of natural justice (Jet Airways / InterGlobe Aviation / Spice Jet)
Vaish Associates Advocates (New Delhi)
COMPAT sets-aside penalty imposed on domestic airlines and remands the matter back to the CCI* COMPAT by its order dated April 18, 2016 set-aside the penalty imposed on three domestic airlines by the CCI for alleged cartelization and remanded the matter back to the CCI for passing appropriate (...)

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 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 Indian Competition Appellate Tribunal asks the Competition Authority to reconsider big-rigging fines issued against 47 manufacturers (ECP / SKN / IOCL India Oil)
Vaish Associates Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) directs Competition Commission of India (CCI) to reconsider penalties imposed on LPG manufacturers* COMPAT by its order dated March 1, 2016 has directed CCI to reconsider penalties imposed on the 47 LPG manufactures for bigrigging in procurement of 14.2 (...)

The EU Court of Justice overturns the General Court’s judgement reducing a fine imposed on companies engaged in a cartel behaviour on the basis that it exceeded its jurisdiction by considering facts not previously introduced (Galp)
McDermott Will & Emery (Brussels)
EU COURT OF JUSTICE REDUCES CARTEL FINE: GENERAL COURT OF THE EU EXCEEDED ITS JURISDICTION* The Court of Justice of the European Union (Court),the EU’s highest court, recently issued a judgment in case C-603/13 P, Galp Energía España SA and others v Commission, reducing the fine imposed on (...)

The Indian Competition Appellate Tribunal cancels a fine for anticompetitive conduct against a pharmaceutical association due to infringement of the principles of natural justice during an investigation by the Competition Authority (Rohit Medical Store / HPCDA Himachal Pradesh Chemist & Druggist Alliance)
Vaish Associates Advocates (New Delhi)
COMPAT sets-aside penalty imposed on Himachal Pradesh Chemist & Druggist Alliance (HPCDA) on account of failure to observe principles of natural justice during investigation by the DG* COMPAT, by its order dated January 13, 2016, has set-aside the penalty imposed by the CCI on HPCDA and (...)

The Indian Competition Appellate Tribunal sends cement cartel case back to the Competition Authority because of failure to ensure compliance with principles of natural justice (Binani Cement / Builders’ Association of India)
Vaish Associates Advocates (New Delhi)
Competition Appellate Tribunal sets aside the order of Competition Commission of India against cement cartel* The Competition Appellate Tribunal (COMPAT) vide its recent order dated December 11, 2015 while allowing the appeals of the 10 appellants has set aside the order of the Competition (...)

The Indian Competition Appellate Tribunal cancels fine due to the lack of evidence against individual executive member of charged association and investigation errors (Swapan Kumar Karak)
Vaish Associates Advocates (New Delhi)
COMPAT quashes penalty for individual liability imposed on a member of Executive Committee of a pharmaceutical distributors’ association* COMPAT vide its order dated December 7, 2015 set-aside the penalty of INR 47, 63,579/- imposed by CCI on Shri Swapan Kumar Karak (Director, Karak (...)

The Indian Competition Appellate Tribunal cancels a fine for boycott by a pharmaceutical association due to the wholesaler’s own conduct and lack of anticompetitive effect (Arora Medical Hall / Ferozepur Chemists & Druggists Association)
Vaish Associates Advocates (New Delhi)
Competition Appellate Tribunal sets aside the penalty imposed by CCI against Chemist and Druggist Association, Ferozepur* COMPAT by its judgment dated 30 October 2015 over-ruled the order penalizing Chemist and Druggist Association, Ferozepur, Punjab in a case filed by Arora Medical Hall, (...)

The Indian Competition Appellate Tribunal dismisses allegations of anticompetitive conduct against film chamber of commerce due to mistakes in investigation by the Competition Authority (Cinergy Independent Film Service / Andhra Pradesh Film Chamber of Commerce)
Vaish Associates Advocates (New Delhi)
Competition Appellate Tribunal set asides the penalty imposed by CCI against Andhra Pradesh Film Chamber of Commerce* Competition Appellate Tribunal (“COMPAT”)in its judgment dated October 14, 2015 set aside the penalty of INR 12.89 lacs imposed by CCI on Andhra Pradesh Film Chamber of Commerce (...)

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 (...)

The EU General Court reduces the fines imposed by the Commission on three members of a EU pre-stressing steel market cartel (Pre-stressing steel cartel)
Van Bael & Bellis (Brussels)
On 15 July 2015, the General Court (“GC”) largely upheld the EU Commission’s decision in the pre-stressing steel cartel case in ten judgments on 12 separate appeals brought against the decision. However, the GC reduced the fine imposed on several applicants on the grounds that (i) the Commission (...)

The US DoJ awards a company sentencing credit for implementing an effective compliance program after the launch of an investigation in the alleged forex cartel conspiracy (Barclays)
US Department of Justice (Washington DC)
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Ropes & Gray (Washington)
As spring gives way to summer, the first “green shoots” signaling the willingness of the Antitrust Division of the U.S. Department of Justice to credit compliance programs have emerged. For the first time ever, the Division has awarded a company sentencing credit for implementing an effective (...)

The Lithuanian Supreme Administrative Court reduces fine in the shipbrokers cartel case (Lithuanian Shipbrokers Association)
ESG Legal (Vilnius)
On 4 March 2015, Lithuanian Supreme administrative Court issued the second decision in the Lithuanian Shipbrokers and Agents Association cartel case. In 2011, the Competition Council of the Republic of Lithuania fined the Lithuanian Shipbrokers and Agents Association (the Association) and 32 (...)

The Spanish Supreme Court rules on the discussed criteria for calculating fines due to infringements in competition law (BCN Aduanas y Transportes / Bofill Arnán)
DLA Piper (Madrid)
On 29 January 2015, the Spanish Supreme Court ruled in the judicial proceedings raised by "BCN Aduanas and Transportes, S.L." against the decision of the Spanish Competition Commission (SCC), dated on 3 December 2011, pursuant to the sanctioning proceedings S/0269/10 (the "Decision"). This (...)

The Spanish Supreme Court issues a landmark judgment regarding the interpretation of the 10% turnover limit for cartel fines (BCN Aduanas y Transportes)
Callol, Coca & Asociados (Madrid)
The Supreme Court (SC) has partially confirmed the interpretation followed by the National High Court (NHC) over the last two years regarding the limit of 10% of the company’s turnover established under Article 63 (1) of the Spanish Competition Act (SCA) for the calculation of fines. In its (...)

The EU General Court confirms that the French Council of Pharmacists has infringed art. 101 TFEU but reduces the EC’s fine slightly (Ordre national des pharmaciens)
European Commission - DG COMP (Brussels)
Background Under French law, clinical biology analyses may only be carried out in dedicated laboratories under the supervision of a biological doctor or pharmacist. Biological pharmacists hold 95% of the cumulated share of that service market . The National Council of Pharmacists (“Ordre (...)

The Romanian Competition Authority sanctions a collective boycott aimed at the elimination of a competitor from the market (Brand Programming Network)
DLA Piper (Bucharest)
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DLA Piper (Bucharest)
Introduction The Romanian Competition Council ("RCC") published in January 2015 a decision ("RCC Decision") pursuant to an investigation concerning an alleged cartel on the market for media buying services ("RCC Investigation"). The RCC Investigation involved a significant number of companies (...)

The EU General Court reduces fines for three groups in candle wax cartel case (Sasol / Esso / ExxonMobil / RWE)
Van Bael & Bellis (Brussels)
On 11 July 2014, the General Court (“GC”) handed down three judgments reducing the fines imposed by the Commission’s decision of 1 October 2008 in the candle wax cartel case following appeals lodged by Sasol, Esso France and ExxonMobil, and RWE AG. On 1 October 2008, the Commission imposed fines (...)

The Polish Competition Authority reduces severe penalty imposed by its President for obstructing inspections during a dawn raid (Polkomtel)
Affre i Wspólnicy (Warsaw)
On 18 June 2014, the Polish Court for the Competition and Consumer Protection (“SOKiK”) changed the decision issued by the President of the Office of Competition and Consumer Protection (“NCA”) in which Polish mobile telecom operator (Polkomtel) was fined for non-cooperation in the course of a dawn (...)

The Dutch Trade and Industry Appeals Tribunal quashes a judgement of the District Court of Rotterdam in relation to fines imposed by the Competition Authority on an undertaking for breaching a seal during a dawn raid investigation (LHV)
Greenberg Traurig (Amsterdam)
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Simmons & Simmons (Amsterdam)
Introduction On 3 June 2014, the Dutch Trade and Industry Appeals Tribunal (the “CBb”) quashed a judgement of the District Court Rotterdam (the “District Court”) in relation to a fine imposed by – the predecessor of – the Dutch Authority for Consumers & Markets (the “ACM”). The fine had been (...)

The EU General Court dismisses appeal in heat stabilisers cartel (Reagens)
Van Bael & Bellis (Brussels)
On 14 May 2014, the General Court (GC) issued its judgment dismissing an appeal brought by Reagens against a Commission decision of 11 November 2009 fining 24 companies over € 173 million for operating a cartel on the market for heat stabilisers (see VBB on Competition Law, Volume 2009, No. 11). (...)

The Australian Federal Court imposes a penalty of $3 million against a supplier of ball bearings for engaging in cartel conduct (NSK)
University of New South Wales (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). ACCC bears down on cartels* On 13 May 2014, the Federal Court imposed a penalty of $3 million against NSK Australia, a supplier of ball bearings, for engaging in cartel conduct. The (...)

Unilateral Practices

The EU General Court awards €1.8M compensation in favour of a German telecommunications company against the EU Commission for failure to repay default interest due from wrongful assessment of abuse of dominant position in the Slovak market for broadband (Deutsche Telekom)
General Court of the European Union (Luxembourg)
The General Court awards Deutsche Telekom compensation in the amount of approximately € 1.8 million for the harm which it suffered as a result of the European Commission’s refusal to pay it default interest on the amount of the fine which it had unduly paid for an infringement of competition (...)

The Italian Administrative Court of First Instance annuls a national telecommunications company’s margin squeeze fine due to the Competition Authority incorrectly applying the "as efficient competitor" test (Vodafone)
Ashurst (Brussels)
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Ashurst (Milan)
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Ashurst (Brussels)
On 15 September 2021, the Italian administrative court of first instance ("TAR Lazio") upheld the appeal brought by Vodafone Italia S.p.A. ("Vodafone") against the decision of the Italian Competition Authority ("ICA") of 13 December 2017 in case A500(A). The TAR Lazio found that the ICA had (...)

The UK Competition Appeal Tribunal confirms the Competition Authority’s settlement policy following the appeal of a musical instrument company (Roland)
Ashurst (London)
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Ashurst (London)
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Ashurst (London)
Roland UK ("Roland") appealed the level of the penalty imposed by the Competition and Markets Authority ("CMA") for engaging in resale price maintenance ("RPM") in relation to the supply of electronic drums. Roland argued that the Competition Appeal Tribunal ("CAT") should reduce the penalty (...)

The UK Competition Appeal Tribunal increases the Competition Authority’s fine imposed on a musical instrument firm for abuse of dominant position (Roland)
United Kingdom’s Competition Authority (CMA) (London)
CAT increases fine after musical instrument firm breaks settlement bargain* The CMA has welcomed a Competition Appeal Tribunal judgment dismissing an appeal against a fine it imposed, instead increasing the fine from £4m to £5m. In June 2020, the Competition and Markets Authority (CMA) fined (...)

The US DoJ announces that a ready-mix concrete company admitted to fixing prices and rigging bids (Argos USA)
US Department of Justice (Washington DC)
Ready-Mix Concrete Company Admits to Fixing Prices and Rigging Bids in Violation of Antitrust Laws* Argos USA LLC, a producer and seller of ready-mix concrete headquartered in Alpharetta, Georgia, was charged with participating in a conspiracy to fix prices, rig bids, and allocate markets for (...)

The Romanian Competition Authority fines an online marketplace for abusing its dominant position (Dante International)
Van Bael & Bellis (Brussels)
On 29 December 2020, the Romanian Competition Council (the “RCC”) imposed a fine of € 6.7 million on Dante International, which owns and administers a Romanian online marketplace, for abusing its dominant position. The RCC found that between 2013 and 2019 Dante International violated the (...)

The Czech Competition Authority rejects an appeal from a collecting society for music authors and confirms the fine for abuse of dominant position (OSA)
Bird & Bird (Prague)
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Bird & Bird (Prague)
The Czech Office for the Protection of Competition ("Office") published a press release (without publishing the full decisions yet) regarding the rejection of the appeal of the collecting society for music authors’ rights OSA - Ochranný svaz autorský pro práva k dílům hudebním, z.s. ("OSA"), and (...)

The Croatian Competition Authority fines a business-to-business food re-seller for imposing unfair trading practices on its suppliers but reduces the fine in light of cooperation, the company’s small size, and the company’s importance for the national island tourism sector (Jadranka trgovina)
Croatian Competition Agency (Zagreb)
Unfair Trading Practices: CCA imposes HRK 85,000 fine on Jadranka trgovina* The Croatian Competition Agency (CCA) opened three ex officio infringement proceedings against Jadranka trgovina within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food (...)

The EU General Court maintains the Commission’s decision finding that a Lithuanian railway company abused its dominant position on the national rail freight sector (Lietuvos geležinkelai)
Van Bael & Bellis (Brussels)
On 18 November 2020, the General Court (“GC”) issued its judgment confirming the European Commission’s (“Commission”) decision to fine Lithuanian Railways for the abuse of its dominant position on the Lithuanian rail freight market. The GC rejected all of the appellant’s complaints, but reduced the (...)

The EU General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the national rail freight market (Lietuvos geležinkelai)
General Court of the European Union (Luxembourg)
The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market* Lietuvos geležinkeliai AB (‘LG’), the national railway company of Lithuania, both manages railway infrastructure and (...)

The EU General Court confirms the Commission’s decision finding that a national rail company abused its dominant position on the market (Lietuvos geležinkelai)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Factors Affecting the Use of Essential Facilities Doctrine in Light of the Lithuanian Railway v Commission Decision: A Comparison with the Turkish Practice and Potential Implications 1) Introduction On November 18, 2020, the General Court of the European Union (“General Court”) upheld the (...)

The Polish Competition Authority fines manufacturer of musical equipment for resale price maintenance (Yamaha Music Europe)
Polish Competition Authority (Warsaw)
Decision of the President of UOKiK on overpricing of Yamaha musical equpiment* For 13 years, Yamaha Music Europe has been setting minimum prices for resale of musical equipment in online stores in Poland with its distributors. President of UOKiK Tomasz Chróstny imposed a fine of half a million (...)

The Turkish Administrative Court upholds the fines imposed by the Competition Authority on two electricity sales companies for abuse of dominance (Rescs / Ayedas)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(1) Introduction In 2018, in its Enerjisa decision, the Turkish Competition Board (“ Board ”) had imposed administrative fines amounting to a total of TRY 143 million on three retail electricity sales companies (namely AYESAŞ, BAŞKENT and TOROSLAR) (together, the “ RESCs ”) and one electricity (...)

The Italian Competition Authority sanctions a telecommunications company for having undertaken a complex abusive strategy aimed at hindering entry of the new infrastructure competitors in the broadband communication services sector (Telecom Italia)
Bird & Bird (Rome)
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Luiss Guido Carli University (Rome)
The Italian Antitrust Authority ("ICA") launched in June 2017 a proceeding for alleged violations of Article 102 TFEU committed by Telecom Italia ("TI") - through a complex abusive strategy aimed at a double purpose: in the retail market, to make its customer base less contestable by other (...)

The Chinese State Administration for Market Regulation sees new provisions on monopolistic agreements and abuse of dominance enter into force
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Linklaters (Beijing)
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Linklaters (Beijing)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On September 1, 2019, two sets of provisions on antitrust enforcement under the Anti-Monopoly Law (AML) (反垄断法) issued by China’s State Administration for Market (...)

The Italian Competition Authority applies the doctrine of essential facilities to a refusal to grant a copyright licence (Società Iniziative Editoriali)
Giannino SI (Monserrato)
Applying the doctrine of essential facilities to IP assets in the SIE case (decision no. 26312 of 21 December 2016, Case A503 Società Iniziative Editoriali/Servizi di rassegna stampa della Provincia di Trento- SIE), the Italian Competition Authority (ICA) found that a publisher infringed (...)

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

The Indian Competition Authority finds the largest national commercial real estate developer guilty of abuse of dominance for the second time in a short period but refrains from imposing a second fine (DLF)
Vaish Associates Advocates (New Delhi)
CCI again finds DLF abusing its dominant position* CCI by its order dated January 04, 2017 has found DLF and its group entities abusing its dominant position by imposing unfair and discriminatory conditions /prices on Informants in violation of Section 4 of the Act. The case was filed by Shri (...)

The Indian Competition Appellate Tribunal cancels fine for abuse of dominance against coal company due to the Indian Competition Authority’s failure to uphold the principle of natural justice (Coal India)
Vaish Associates Advocates (New Delhi)
COMPAT sets-aside penalty of INR 1,773 Crores penalty on Coal India Limited (CIL) by CCI* COMPAT by its order dated May 17, 2016 has set aside CCI’s order dated April 15, 2014 wherein CCI had fined Coal India Limited for imposing unfair and discriminatory conditions in its fuel supply (...)

The US DoJ recommends a significantly reduced fine for an auto parts manufacturer accused of bid-rigging and price-fixing (Kayaba Industry)
Jones Day (Houston)
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Jones Day (Washington)
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Jones Day (Chicago)
The U.S. Department of Justice has recommended a significantly reduced fine for an auto parts defendant accused of bid-rigging and price-fixing, based largely on the defendant’s having quickly instituted a rigorous antitrust compliance program – even though only after the government initiated its (...)

The Paris Court of Appeal reduces the fine imposed by the Competition Authority on the national railway for abuse of dominance (SNCF)
Herbert Smith Freehills (Paris)
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Herbert Smith Freehills (Paris)
In its decision no. 12-D-25 of 18 December 2012, the Autorité de la Concurrence (the French competition authority - "FCA") fined the French national railway SNCF nearly EUR 61 million for 5 counts of abusive practices in the railway freight sector and ordered the company to cease the (...)

Mergers

The French Competition Authority fines a company for an acquisition of control without prior notification of the transaction and without waiting for a clearance decision in the market of spirits (Cofepp / Marie Brizard Wine & Spirits)
French Competition Authority (Paris)
The Autorité fines Cofepp for acquiring control of MBWS without prior notification of the transaction and without waiting for its decision* Background The Autorité de la concurrence has fined Cofepp (Poliakov, Label 5, Cruz, Saint James, Old Nick, etc.) for acquiring control of Marie Brizard (...)

The French Competition Authority fines a company for gun-jumping in a case relating to a progressive takeover and de facto control in the spirit market (Cofepp / Marie Brizard Wine & Spirits)
White & Case (Paris)
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White & Case (Paris)
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White & Case (Brussels)
On 12 April 2022, the FCA fined the Compagnie Financière Européenne de Prises de Participation ("COFEPP") EUR 7 million for both (i) failure to notify its merger with Marie Brizard Wine & Spirits ("MBWS") and (ii) completion of the merger prior to the FCA’s approval. The FCA launched the (...)

The EU General Court issues its judgment upholding the Commission’s decision to fine a telecommunications company for gun jumping (Altice / PT Portugal)
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)
On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun jumping in the acquisition of Portugal Telecom (PT) in 2015. The General Court did grant Altice a limited 5% reduction of part of the €124.5 (...)

The Austrian Competition Authority fines a Big Tech company for gun jumping (Facebook / Giphy)
Austrian Competition Authority (Vienna)
Austrian Federal Competition Authority files application to fine Facebook for failing to notify GIPHY acquisition* Facebook cooperates with the AFCA in the course of an amicable conclusion of proceedings and accepts the fine of EUR 9.6 million requested by the AFCA. Background In the course (...)

The Norwegian Competition Authority decides to repeal its decision to impose a fine on a grocery wholesaler for an infringement of disclosure requirements regarding the acquisition of a competitor (Norgesgruppen / Sædalssvingene 3 Eiendom)
Norwegian Competition Authority (Bergen)
The Authority repeals decision against Norgesgruppen* The Norwegian Competition Authority has decided to repeal its decision to impose a fine of 20 million NOK on Norgesgruppen for an infringement of disclosure requirements related to an acquisition by Norgesgruppen of the company (...)

The Italian Competition Authority fines three energy companies for late merger notification (Acea / Mediterranea Energia / Alma)
Giannino SI (Monserrato)
In Pescara Distribuzione Gas the Italian Competition Authority (ICA) has found Acea, Mediterranea Energia (ME) and Alma CIS (Alma) guilty of gun-jumping for late merger control notification. They violated Article 16(1) of the Law no. 287/1990 whereby mergers exceeding the statutory dimensional (...)

The Czech Supreme Administrative Court rejects moderation of fine imposed for gun jumping in the energy sector (Armex Oil)
Skils (Prague)
On 14 September 2020, the Supreme Administrative Court (SAC) granted a cassation appeal lodged by the Czech Office for Protection of Competition (Office) against the previous judgment of the Regional Court in Brno of 5 June 2019 (Ref.No. 29 Af 96/2016) relating to the proceedings conducted by (...)

The Czech Supreme Administrative Court overturns an inferior court’s decision to reduce a gun jumping fine to a disproportionate level (Armex Oil)
Bird & Bird (Prague)
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Bird & Bird (Prague)
Supreme Administrative Court decides on clearly disproportionate fines for unauthorized acquisition. In 2013, the company ARMEX Oil acquired an ownership interest in the company TRANSCARGO without notifying the Competition Protection Office ("Office") and awaiting its approval. Two years (...)

The Portuguese Competition Authority fines a hospital for gun jumping but accepts payment of the fine in multiple installments to avoid negatively affecting the hospital’s operations during the COVID-19 pandemic (Hospital Particular do Algarve / Hospital São Gonçalo de Lagos) Free
Portuguese Competition Authority (Lisbon)
AdC fines Hospital Particular do Algarve for gun-jumping* The AdC fined Hospital Particular do Algarve, SA (HPA) in the total amount of 155,000 euros for acquiring sole control of Hospital de S. Gonçalo de Lagos S.A. (HSGL) without prior notification of the acquisition and, consequently, (...)

The Portuguese Competition Authority allows payment of a gun jumping fine in installments due to the COVID-19 pandemic (Hospital Particular do Algarve / Hospital São Gonçalo de Lagos) Free
Van Bael & Bellis (Brussels)
In September 2019, the Portuguese Competition Authority (“AdC”) imposed a fine of € 155,000 on Hospital Particular do Algarve (“HPA”) for gun-jumping, finding that HPA had acquired sole control of Hospital de São Gonçalo de Lagos without the AdC’s prior approval. The AdC has recently announced that it (...)

The Spanish Competition Authority imposes a fine on a fruit-wholesaler for gun-jumping (Nufri)
European Commission (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Basic-Fit (Hoofddorp)
NUFRI, Sociedad Agraria de Transformación, has been fined by the CNMC for implementing a merger prior to its notification. In the beginning of the year, NUFRI acquired fruit-based products’ manufacturer Grupo Indulleida. The transaction was only pre-notified on 15 April 2019 and, subsequently, (...)

The EU Commission follows other countries’ antitrust authorities and assesses penalties against an optical products company for structuring a transaction to avoid premerger notification filings and the waiting period requirements (Canon / Toshiba)
Jones Day (Brussels)
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Jones Day (Washington)
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Jones Day (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Antitrust authorities in the United States and European Union have assessed penalties and fines against Canon, and in the United States, Toshiba, for structuring (...)

The Israeli Competition Authority reaches a consent decree after fining foreign company for failing to notify its acquisition of a domestic medical equipment manufacturer (Visionsense / Medtronic)
Israel Competition Authority (Jerusalem)
Notice of intent to file an agreed order for court approval* I hereby announce that in thirty days I intend to request the Competition Tribunal to exercise its permanent jurisdiction in section 50B of the Economic Competition Act, 1988 (hereinafter the Act), and give the agreement between me (...)

Procedures

The EU Commission provides guidance on its leniency policy and practice
European Commission - DG COMP (Brussels)
Antitrust: Commission provides guidance on its leniency policy and practice* The European Commission has published guidance that aims to facilitate leniency applications by providing further transparency, predictability and accessibility to potential leniency applicants. The Commission’s (...)

The French Competition Authority revises its procedural notice on the method for determining fines after the transposition of the ECN+ Directive
French Competition Authority (Paris)
The Autorité de la concurrence revises its procedural notice on fines* Background The Autorité is today publishing a new procedural notice on the method for determining fines, which repeals and replaces the previous notice of 16 May 2011. This new notice was the subject of a public consultation (...)

The EU Court of Justice dismisses an appeal requesting to adjust the ranking of the appellant in the leniency process and to receive partial immunity for parts of its participation in the car battery recycling cartel (Recylex)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
On 3 June 2021, the European Court of Justice (“ECJ”) in case C-563/19 P Recylex v Commission dismissed Recylex’ appeal both to adjust its ranking in the leniency process and to receive partial immunity for parts of its participation in the Car Battery Recycling cartel. The judgment, on appeal (...)

The Polish Competition Authority publishes its guidelines on the rules for imposing and calculating fines for companies breaching competition law
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
Earlier this year the Polish Competition Authority (“UOKiK”) published its guidelines on the rules of imposing and calculating fines for companies breaching competition law (the “New Guidelines”) replacing guidelines issued in 2015. According to the New Guidelines, to determine the amount of the (...)

The EU Court of Justice partially annuls a judgment of the General Court reducing to €2.6 million the fine imposed on a company for its participation in the steel abrasives cartel (Pometon)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
In March 2021, the Court of Justice of the EU ("CJEU") partially annulled a judgment of the General Court ("GC"), reducing from €3.8 million to €2.6 million the fine imposed on Pometon S.p.A ("Pometon") for its participation in the steel abrasives cartel. The CJEU granted the fine reduction (...)

The Swedish Competition Authority develops a new method of determining fines
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
The revision of the method for determining the size of fines has inter alia happened as a result of the recent implementation of the ECN+ Directive, which has increased the decision-making powers of the SCA, including providing the SCA with the power to impose fines on companies on its own. (...)

The French Supreme Court confirms that to obtain a fine reduction in cartel cases companies must actively reject cartel participation (Goodmills Deutschland / Grands moulins de Paris)
Herbert Smith Freehills (Paris)
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Baudelin Avocat (Paris)
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Herbert Smith Freehills (Brussels)
Facts and FCA decision On 13 March 2012, the French Competition Authority ("FCA") sanctioned a flour cartel between French and German millers. One of the anti-competitive practices consisted in a non-aggression pact limiting flour imports between France and Germany, leading to market sharing (...)

The UK Court of Appeal clarifies the ability of parties that settle EU Commission antitrust investigations to challenge the Commission’s findings in follow-on damages actions (Trucks Cartel)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
The Court of Appeal has handed down an important judgment clarifying the ability of parties that settle European Commission (Commission) antitrust investigations to challenge the Commission’s findings in follow-on damages actions. The judgment concerns an appeal relating to a preliminary issue (...)

The UK Court of Appeal dismisses an appeal relating to the evidential weight to be given to recitals to an EU Commission infringement decision issued under the settlement procedure (Trucks Cartel)
Ashurst (London)
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Ashurst (London)
On 11 November 2020, the Court of Appeal emphatically dismissed an appeal brought by five truck manufacturers against a judgment of the Competition Appeal Tribunal ("CAT") handed down in March 2020 relating to the evidential weight to be given to recitals to a European Commission infringement (...)

The UK Competition Authority lowers discount in fines for resale price maintenance leniency applicants
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 24 September 2020, the UK’s Competition and Markets Authority (“CMA”) modified its leniency guidelines so that companies that apply for leniency after the opening of a retail price maintenance (“RPM”) investigation should only expect to receive a maximum 50% discount in fines. Previously, the (...)

The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on leniency and commitments
Jones Day (Shanghai)
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Jones Day (Beijing)
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Jones Day (Beijing)
The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (“SAMR”) released four sets of long-awaited anti-monopoly guidelines. This White Paper addresses the Guidelines on Application of Leniency Program in Horizontal Monopoly Agreement Cases and the Guidelines on (...)

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

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

The Lithuanian Parliament amends the Competition Act with regard to such matters as independence, resources, powers and sanctions, in line with provisions of the Directive of the EU Parliament and Council
Lithuanian Competition Authority (Vilnius)
Competition Law Amendments Will Ensure More Effective Competition Enforcement in Lithuania* Today Seimas adopted amendments to the Law on Competition which will transpose the provisions of the Directive of the European Parliament and Council into national law, ensuring uniform regulation of (...)

The Spanish Competition Authority publishes guidelines on compliance programs
Ashurst (Madrid)
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Ashurst (Madrid)
Spanish authority publishes compliance guidance The Spanish competition authority ("CNMC") has published a "Guide on Regulatory Compliance Programmes in Relation to Competition Law" (the "Compliance Guide") which provides guidance on the circumstances in which internal compliance programmes (...)

The Dutch Competition Authority imposes a fine of €1.84 million on a company for failing to comply with the duty to cooperate during an on-site investigation (Onderneming)
Bird & Bird (The Hague)
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KPN (Amsterdam)
On 10 December 2019 , the Authority for Consumers & Markets ("ACM") imposed a fine of € 1,84 million on a company for the failure to comply with the duty to cooperate as laid down in Article 5:20(1) of the Dutch General Administrative Law Act ("GALA"). ACM found that during an on-site (...)

The EU General Court annuls a cartel fine imposed by the Commission due to insufficient motivation (HSBC)
European Commission (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Basic-Fit (Hoofddorp)
The General Court of the EU annuls cartel fine imposed to HSBC by the Commission due to insufficient motivation (Judgment of the General Court of the EU of 24 September 2019 in Case T-105/17 HSBC Holdings plc, HSBC Bank plc, HSBC France v Commission). In December 2016, the Commission adopted a (...)

The EU General Court annuls a decision due to the Commission’s failure to sufficiently explain the methodology relied upon in calculating the fine (HSBC)
Van Bael & Bellis (Brussels)
Euro interest rate derivatives cartel case On 24 September 2019, the General Court issued a judgment on an appeal lodged by HSBC against the European Commission’s (the “Commission”) decision fining HSBC € 33.6 million for its involvement in the Euro Interest Rate Derivatives cartel case (Case (...)

The Polish Supreme Court confirms a telecommunications company liability for delaying a dawn raid but reduces the fine (T.S.A)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
On 10 September 2019, the Polish Supreme Court issued a landmark judgement in which it clarified the applicable rules during a company inspection by the Polish Competition and Consumer Protection Office (UOKiK). As the UOKiK regularly conducts (unannounced) company inspections (or ’dawn raids’), (...)

The French Competition Authority publishes a notice clarifying the settlement procedure in competition cases
Jones Day (Paris)
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Jones Day (Paris)
In December 2018, the French Competition Authority ("FCA") published a notice clarifying the FCA’s settlement procedure in competition cases ("Notice"). The FCA’s General Rapporteur may offer settlement to companies that agree not to challenge the allegations made against them in the statement of (...)

The Dutch Competition Authority publishes guidelines on its simplified settlement procedure
Bird & Bird (The Hague)
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KPN (Amsterdam)
On 21 December 2018, the Dutch Authority for Consumers & Markets (“ACM”) published guidelines on its simplified settlement procedure (“Settlement Guidelines”). This procedure may be followed if the ACM intends to impose a fine and the undertaking or person involved is prepared to admit to the (...)

The UK Competition Appeal Tribunal hands down its judgement upholding the Competition Authority’s decision that an online sales ban constituted a restriction of competition by object (Ping)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
On 7 September 2018, the Competition Appeal Tribunal ("CAT") handed down its judgment in Ping upholding the Competition and Market Authority ("CMA")’s decision that Ping’s online sales ban ("OSB") constituted a restriction of competition by object under EU and UK competition law. The aim of (...)

The UK Competition Authority issues updated guidance on the appropriate amount of penalties to be imposed for infringements of competition law
Hausfeld (London)
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White & Case (London)
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White & Case (Brussels)
On 18 April 2018, the Competition and Markets Authority issued updated guidance on the appropriate amount of penalties to be imposed for infringements of competition law in the UK. This replaces the previous guidance issued by the Office of Fair Trading (which the CMA replaced in 2014) and (...)

The OECD holds a roundtable on competition and sanctions in antitrust cases
OECD - Competition Division (Paris)
Competition authorities have imposed substantial fines for competition law violations over the last few decades. Several common steps are observed in setting fines: (i) determination of basic fine; (ii) adjustments (including aggravating and mitigating circumstances); (iii) comparisons to (...)

The Japanese FTC and the EU Commission announce their intention to upgrade the current antitrust co-operation agreement between Japan and the EU
Norton Rose Fulbright (Brussels)
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Norton Rose Fulbright (Brussels)
ENHANCED SHARING OF ANTITRUST EVIDENCE: NEW EU/JAPAN COOPERATION AGREEMENT* On 15 March 2016, the Japan Fair Trade Commission (JFTC) and the European Commission (Commission) announced their intention to upgrade the current antitrust co-operation agreement between Japan and the European Union. (...)

The Ukrainian Competition Authority adopts recommendations for a new approach to calculating fines for competition law infringements
Arzinger (Kiev)
The Antimonopoly Committee of Ukraine Adopted the Methodology for the Fines Calculation* On 15 September 2015, the Ukrainian competition authority, the Antimonopoly Committee of Ukraine (the AMCU), adopted Recommendations on approaches for calculation of fines for competition law infringements (...)

The Spanish Supreme Court declares illegal the criteria applied by the Competition Authority to calculate competition fines (BCN Aduanas y Transportes)
Uria Menéndez (Brussels)
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Uria Menéndez (Madrid)
On 29 January 2015 the Spanish Supreme Court issued a landmark ruling clarifying the criteria to be applied by the Spanish Competition Authority (the “Authority”) when setting fines in national proceedings. This position has been confirmed in subsequent rulings. Since the entry into force in (...)

The UK High Court strikes out a claim for restitution at common law (Lindum)
University of Manchester
The case arise out the Office of Fair Trading (OFT) decision, dated 21 September 2009 (the Decision), in which the OFT imposed an excessive monetary penalty on Lindum at al. The Decision was open to a statutory appeal. However, the parties did not appeal and the deadline has lapsed. The parties (...)

The EU General Court dismisses an action for annulment on a claim of the excessive length of the proceedings since the applicant did not show any negative consequences impeding the right to a fair trial (Reagens)
EFTA Surveillance Authority (Brussels)
Case T-30/10 Reagens SpA v Commission: unsubstantiated pleas and length of proceedings The General Court’s judgment in Case T-30/10 Reagens SpA v Commission EU:T:2014:253 (alternative link here) doesn’t really break new ground. But it does remind applicants of a few basic truths. In some ways (...)

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