Fines mitigation

Foreword Mitigation of fines: An overview of EU and national case law

Relatively unnoticed, the European Commission recently has expanded its range of premiums with which it wants to persuade companies to cooperate. True to their proven "carrot and stick" approach, in future cases there should be financial incentives for cooperation also in areas in which accused companies - at least so far - cannot benefit from the leniency programme or a settlement discount. This new development follows Commissioner Vestager’s speech in February 2016, in which she advocated to grant substantial reductions in fines to companies that had been involved in proceedings under Art. 102 TFEU and thus allow an uncomplicated conclusion of the proceedings, particularly to improve the timeliness of enforcement and ultimately increase consumer benefits

Read more
Fieldfisher (Paris)
France 1 contribution 2049 visits
Fieldfisher (Düsseldorf)
Germany 1 contribution 2049 visits

General antitrust

 The Austrian Competition Authority publishes a paper on the "Reductions of Fines under the Leniency Programme"
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
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 (...)

The Finnish Government amends the Competition Act due to the ECN+ Directive
Hannes Snellman (Helsinki)
Finland 23 contributions 3096 visits
,
Dittmar & Indrenius (Helsinki)
Finland 4 contributions 1243 visits
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 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)
Finlande 75 contributions 12651 visites
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 Swedish Competition Authority gains new powers and introduces changes after the transposition of the ECN+ Directive
Linklaters (Brussels)
Belgium 3 contributions 1190 visits
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 penalties and reduce fines in cases of antitrust infringement
Lang Yue (Beijing)
China 2 contributions 118 visits
,
Zhao Sheng (Beijing)
2 contributions 118 visits
,
Linklaters (Beijing)
China 2 contributions 118 visits
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 (...)

The Belgian Competition Authority updates its guidelines on the calculation of fines
Belgian Competition Authority (Brussels)
Belgique 122 contributions 24503 visites
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 (...)

The Belgian Competition Authority adopts fining guidelines which extend the scope to include the sanction for abuse of economic dependency
Van Bael & Bellis (Brussels)
Belgium 43 contributions 12123 visits
,
KU Leuven
Belgium 15 contributions 3504 visits
,
Van Bael & Bellis (Brussels)
Belgium 3 contributions 469 visits
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 (...)

The US State of New York Senate proposes legislation to modernize its antitrust law and expand the State’s and private litigants’ ability to litigate against companies for anti-competitive conduct
Constantine Cannon (New York)
United States 3 contributions 2152 visits
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)
Hong Kong 55 contributions 11845 visits
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 (...)

Anticompetitive practices

 The Belgian Competition Authority fines a pharmaceutical wholesaler €779K for participating in a cartel (CERP)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 24844 visits
,
Van Bael & Bellis (Brussels)
Belgium 43 contributions 12123 visits
In Belgium’s first hybrid cartel case, involving both settling and non-settling parties, Van Bael & Bellis assisted CERP, one of the three pharmaceutical wholesalers on the Belgian market, in obtaining a significantly more favourable outcome than that offered to the settling parties in the (...)

The Belgian Competition College finds a pharmaceutical wholesaler guilty of participation in a cartel and imposes a fine of €779K (CERP)
Belgian Competition Authority (Brussels)
Belgique 122 contributions 24503 visites
The Competition College finds pharmaceutical wholesaler CERP guilty of participation in a cartel and imposes a fine of 779,000 euros* On 23 October 2023, the Competition College adopted a decision sanctioning Centre européen de répartition pharmaceutique SA ("CERP"), a pharmaceutical (...)

The EU Commission fines pharma companies €13.4M in antitrust cartel settlement (Alkaloids of Australia / Alkaloids Corporation / Boehringer / C2 Pharma / Linnea / Transo-Pharm)
European Commission - DG COMP (Brussels)
Belgique 1368 contributions 2943698 visites
Commission fines pharma companies €13,4 million in antitrust cartel settlement* The European Commission has fined Alkaloids of Australia, Alkaloids Corporation, Boehringer, Linnea and Transo-Pharm a total of €13,4 million for participating in a cartel concerning an important pharmaceutical (...)

The EU Commission fines a defence company €1.2M for participating in a cartel concerning the sale of military hand grenades (Diehl / RUAG)
European Commission - DG COMP (Brussels)
Belgique 1368 contributions 2943698 visites
Antitrust: Commission fines defence company €1.2 million in cartel settlement* The European Commission has fined defence company Diehl €1.2 million for participating in a cartel concerning the sale of military hand grenades together with its rival RUAG. Both companies admitted their (...)

The Indian Competition Authority issues a cease and desist order against multiple Rajasthan chemists associations for indulging in anticompetitive practices by collectively boycotting a company’s pharmaceutical products (Solar)
Indian Competition Commission (New Delhi)
India 15 contributions 1517 visits
CCI issues cease and desist order against Chemists Associations for indulging in anticompetitive practices * The Competition Commission of India (‘CCI’) issued an order on 23.08.2023 against district and tehsil level chemists associations in Sriganganagar district, Rajasthan (‘OPs’) which (...)

The Czech Competition Authority fines a wholesale distributor of pet foods for concluding long-term anticompetitive agreements with its purchasers (Noviko)
Czech Competition Authority (Brno)
République tchèque 49 contributions 6708 visites
SUPPLIERS ARE FORBIDDEN TO SET FIXED RETAIL PRICES; NOVIKO WAS FINED ALMOST CZK 48 MILLION* The Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 47,775,000 on the undertaking NOVIKO s.r.o. (hereinafter referred to as "NOVIKO") for the (...)

The UK Competition Authority issues an infringement decision finding that a football club and a sports equipment retailer colluded to restrict competition in the sales of sports-branded clothing and replica kit (Leicester City FC / JD Sports)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8924 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3535 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 1 contribution 204 visits
…
CMA Fines Leicester City FC for Anticompetitive Pricing Practices* On 31 July 2023, the Competition and Markets Authority (CMA) issued an infringement decision finding that Leicester City Football Club and JD Sports had colluded to restrict competition in the sales of Leicester City-branded (...)

The New Caledonian Competition Authority fines a cartel for concluding an exclusive import agreement in the market for importing food products of Asian origin (Kerl Distribution, Rockman Australia)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3783 visits
The Autorité sanctions an exclusive import agreement and a cartel in the sector of importing food products of Asian origin* In October 2021, the company International Foodies seized the Autorité of anti-competitive practices implemented in the sector of the import and distribution of food (...)

The Spanish Competition Authority fines a cartel involving two major companies providing business information database services (BvD / Informa)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 143 contributions 31821 visites
The CNMC sanctions the cartel of two of the main companies providing business information database services in Spain* The companies sanctioned are Bureau Van Dijk Publicaciones Electrónicas S.A. and jointly and severally its parent company Moody’s Corporation, and Informa D&B S.A.U. and (...)

The Hong Kong Competition Authority welcomes the fines imposed by the Competition Tribunal against three undertakings for their cartel conduct in the sale of mail inserters (Quadient / Toppan Forms / Smartech)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11845 visits
Competition Commission welcomes Tribunal’s orders in mail inserter cartel case* The Competition Commission (“Commission”) welcomes the orders granted by the Competition Tribunal (“Tribunal”) in proceedings against three undertakings for their participation in cartel conduct regarding the (...)

The Austrian Competition Authority files an application to impose a fine of €3.5M on a construction cartel (Gebrüder Haider)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
Construction cartel update: Gebrüder Haider fine set at EUR 3.51 million* In October 2022, the AFCA applied to the Cartel Court for an appropriate fine to be imposed on the companies Gebrüder Haider Bauunternehmung Gesellschaft m.b.H., Gebrüder Haider & Söhne GmbH, Gebrüder Haider & (...)

The Portuguese Competition Authority fines three supermarket chains and a product supplier for price fixing (Auchan / Modelo Continente / Pingo Doce / JNTL)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30247 visites
AdC fines three supermarket chains and a product supplier for price fixing* The decision The AdC has imposed fines to three supermarket chains - Auchan, Modelo Continente and Pingo Doce - as well as to the joint supplier of beauty, cosmetics, and personal care products, JNTL Consumer (...)

The Australian Federal Court imposes a fine on an architectural firm and its former MD for attempted bid rigging in a University tender (ARM Architecture / Anthony Allen)
Australian Competition and Consumer Commission (Canberra)
Australie 400 contributions 84808 visites
ARM Architecture and its former MD to pay penalties for attempted rigging of university tender* The Federal Court today found architecture firm Ashton Raggatt McDougall Pty Ltd (ARM Architecture) and its former managing director, Anthony (Tony) John Allen had attempted to rig bids for a (...)

The Canadian Competition Authority fines an engineering firm $485,000 as part of the settlement deal to conclude its investigation of the firm’s role in a bid-rigging scheme that targeted municipal infrastructure contracts in Québec and Montreal between 2002 and 2011 (BPR)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11801 visits
BPR to pay $485,000 following seventh Québec bid-rigging settlement* Engineering firm BPR-Infrastructure Inc. has been ordered to pay $485,000 for bid-rigging related to consulting engineering services for municipal infrastructure contracts in the province of Québec. The payment is part of (...)

The Austrian Competition Authority files an application at the Cartel Court to impose a fine on companies for price fixing and bid rigging in the award of market research studies contracts (Karmasin Research / BB Research / Beinschab / Edeltraud)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
Karmasin, BB Research Affairs, Edeltraud Geppel-Mikes* AFCA files applications for fines on KARMASIN RESEARCH & IDENTITY GMBH, BB Research Affairs GmbH and Beinschab Business GmbH, and Edeltraud Geppel-Mikes The Austrian Federal Competition Authority (AFCA) has filed applications for (...)

The New Caledonian Competition Authority imposes sanctions on a company over an exclusive import agreement in the importation and distribution of electronic cigarettes (NSVI)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3783 visits
The Autorité sanctions an exclusive import agreement in the sector of import and distribution of electronic cigarettes* In a decision of March 1, 2023, the Autorité sanctions the company New Smart Vibes Import (NSVI) for having benefited from exclusive import rights on disposable electronic (...)

The Portuguese Competition Authority issues a €2M fine on suppliers of electric cables for engaging in a public procurement cartel (Cabelte / Quintas & Quintas /Solidal)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30247 visites
AdC sanctions suppliers of electric cables for cartel in public procurement* The Portuguese Competition Authority (AdC) has sanctioned the companies Cabelte - Cabos Eléctricos e Telefónicos (Cabelte), S.A., Quintas & Quintas - Condutores Eléctricos, S.A. (Q&Q) and Solidal - (...)

The Czech Competition Authority fines a sewing equipment distributor for resale price maintenance (Brother Sewing)
Czech Competition Authority (Brno)
République tchèque 49 contributions 6708 visites
Brother Sewing Equipment Distributor Fined More Than a Million CZK for Fixing Prices to Retailers * The Office for the Protection of Competition imposed a fine of CZK 1,134,000 on the company Sewing Technology Brother s.r.o. (hereinafter referred to as “Brother“) for concluding and (...)

The Danish Competition Authority fines a training services provider and its former partners for cartel conduct (Nye Visioner)
Gorrissen Federspiel (Copenhagen)
Denmark 7 contributions 2632 visits
,
Gorrissen Federspiel (Copenhagen)
Denmark 3 contributions 333 visits
Introduction On 18 November 2022, the Danish Competition Council (DCC) published a decision in which it found that Nye Visioner v/Søren Dybdal under the business concept "Nye Visioner" ("New Visions") had infringed section 6 of the Danish Act on Competition and article 101(1) of the Treaty (...)

The Turkish Competition Authority adopts the settlement procedure to conclude its investigation of companies in the small household appliances and kitchen tools sectors (Korkmaz / Gençler / Punto)
ACTECON (Istanbul)
Turkey 24 contributions 4173 visits
,
ACTECON (Istanbul)
Turkey 19 contributions 3173 visits
,
ACTECON (Istanbul)
Turkey 8 contributions 615 visits
INTRODUCTION The Turkish Competition Authority (“TCA”) initiated a full-fledged investigation (“Investigation”) against Korkmaz Mutfak Eşyaları San. ve Tic. A.Ş. (“Korkmaz”), Gençler Ev Araç ve Gereçleri Pazarlama Tic. A.Ş. (“Gençler”) and Punto Dayanıklı Tüketim Malları İth. İhr. Tic. Ltd. (...)

The Turkish Competition Authority concludes an investigation of restrictive practices and price fixing in the sports equipment sector with settlement and fine (Olka / Marlin)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84346 visits
,
Günay & Erdoğan Attorneys at Law (Ankara)
5 contributions 887 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 3 contributions 611 visits
Introduction In June 2022, the Turkish Competition Board delivered its final judgment and announced that the investigation against Olka Spor Malzemeleri Ticaret AŞ (Olka) and Marlin Spor Malzemeleri Ticaret AŞ (Marlin), two undertakings active in the sports equipment sector, had ended with a (...)

The Danish District Court of Glostrup issues four fines in relation to unlawful price coordination in the gas sector (Hovedstadsregionens og Midt-Nords Naturgasselskab / Gastech Energy)
Gorrissen Federspiel (Copenhagen)
Denmark 7 contributions 2632 visits
,
Gorrissen Federspiel (Copenhagen)
Denmark 3 contributions 333 visits
On 21 April 2022, the District Court of Glostrup issued a judgment that ordered Hovedstadsregionens og Midt-Nords Naturgasselskab I/S (formerly HMN Naturgas) and Gastech Energy to each pay an 8 million kroner fine for unlawful price coordination in the natural gas furnaces market. The same (...)

The EU General Court dismisses the appeals of airlines fined for forming a cartel and upholds the Commission’s €790M fine (Airfreight cartel)
European Court of Justice (Luxembourg)
Luxembourg 332 contributions 111323 visits
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 EU General Court decides to reduce the fines for certain undertakings in an airfreight cartel (Airfreight Cartel)
McDermott Will & Emery (Paris)
France 136 contributions 68791 visits
,
McDermott Will & Emery (Brussels)
Belgium 23 contributions 5189 visits
,
McDermott Will & Emery (Paris)
France 33 contributions 8149 visits
…
Procedural and Factual Background On November 9, 2010, the EU Commission (EC) imposed fines (totaling nearly EUR 800 million) on multiple air freight carriers for their participation in the “air freight cartel” (the 2010 Decision). The case was opened following an immunity application made (...)

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)
Austria 64 contributions 7784 visits
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 (...)

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)
Austria 64 contributions 7784 visits
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 an application at the Cartel Court to fine two companies for market division in the market for measurement and control technology for building technology systems
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
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)
Austria 64 contributions 7784 visits
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 fines two joint service offices and several of their members who are all court bailiffs for cartel practices (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)
France 748 contributions 411055 visits
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)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 133 contributions 36458 visites
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 EU Commission fines a former ethanol producer €20 million in a cartel settlement (Abengoa)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
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 a Spanish ethanol producer €20M for participating in a cartel concerning the wholesale price formation mechanism in the EU ethanol market (Abengoa)
Van Bael & Bellis (Brussels)
Belgium 35 contributions 6311 visits
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 (...)

The EU Commission fines multiple banks €344M for participating in a foreign exchange spot trading cartel (UBS / Barclays / RBS / HSBC / Credit Suisse)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
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 (...)

The EU Commission fines four banks €344M for participating in a foreign exchange spot trading cartel (UBS / Barclays / RBS / HSBC / Credit Suisse)
Arnecke Sibeth Dabelstein (Frankfurt)
Germany 3 contributions 143 visits
On 2 December 2021, the European Commission (the Commission) completed its investigation into the foreign exchange spot trading market, which led to fines that totalled €344 million against Barclays, Credit Suisse, RBS and HSBC. As a leniency applicant, UBS avoided a penalty. Facts Since (...)

The Dutch Competition Authority imposes fines totalling almost €4M on two major national collectors of used cooking oil for making price-fixing purchase agreements (Rotie / Nieuwcom)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36837 visits
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 repeated offences and partial immunity from fines (NEC / Nichicon / Tokin / Rubycon / Nippon Chemi-Con)
Van Bael & Bellis (Brussels)
Belgium 35 contributions 6311 visits
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)
New Zealand 180 contributions 25423 visits
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 (...)

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)
United States 181 contributions 80298 visits
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 (...)

The Latvian Competition Authority fines ten construction companies a total of €16M for being part of a bid-rigging cartel (Re & Re / Velve / Skonto Būve...)
Latvian Competition Council (Riga)
Latvia 124 contributions 24637 visits
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 anti-competitive agreements (Philips / Dünya / Melisa / Nitset / Gipa)
Boğaziçi University (Istanbul)
Turkey 7 contributions 2235 visits
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 (...)

The Croatian Competition Authority imposes a fine on a company for using its strong bargaining power and imposing unfair trading practices on its chicken suppliers (Koka)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20019 visits
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 EU Commission finds that three German car manufacturers colluded by deliberately limiting competition on innovation in greener technologies for diesel vehicles (BMW / Daimler / VW)
Municipality of Cagliari
168 contributions 134413 visits
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 the 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)
Belgium 15 contributions 3463 visits
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 (...)

The Slovak Competition Authority fines six construction undertakings €1M for forming a cartel (Artra / Čechovo / Janoli)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5796 visits
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)
Portugal 119 contributions 30247 visits
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 (...)

The EU Commission fines several investment banks €371M for participating in a European government bond trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
Antitrust: Commission fines investment banks € 371 million for participating in a European Governments Bonds trading cartel* The European Commission has found that Bank of America, Natixis, Nomura, RBS (now NatWest), UBS, UniCredit and WestLB (now Portigon) have breached EU antitrust rules (...)

The EU Commission fines investment banks €371M for participating in a European bonds trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 8101 visits
,
McDermott Will & Emery (Paris)
France 136 contributions 68792 visits
,
McDermott Will & Emery (Paris)
France 33 contributions 8149 visits
…
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 Spanish Competition Authority fines 22 consulting firms and several of their executives a total of EUR 6.3 million for creating a cartel in the first case where the cartelist’s fine is reduced due to implementing a compliance program (Deloitte / KPMG / PwC)
Bird & Bird (Madrid)
Espagne 29 contributions 4817 visites
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)
Belgium 19 contributions 7786 visits
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 (...)

The Czech Competition Authority fines two national infrastructure companies for public procurement cartel (SPIE Elektrovod / ASE)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6709 visits
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)
Poland 120 contributions 22828 visits
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 (...)

The EU Commission fines three railway companies €48M for market sharing (OBB / DB / SNCB)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
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 Authority announces that the 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)
Lithuania 107 contributions 20926 visits
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 Hungarian Competition Authority reduces the fine it imposed on four regional newspaper publishers for market sharing (Axel Springer / Russmedia / Lapcom Kiadó)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19893 visits
The GVH recalculated the cartel fine imposed on newspaper publishers due to a court order* The Hungarian Competition Authority (GVH) – in accordance with court decisions adopted in appeal proceedings – has reduced the competition supervision fine imposed on regional newspaper publishers in (...)

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)
Belgium 43 contributions 12123 visits
,
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56757 visits
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 (...)

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)
Lithuania 107 contributions 20926 visits
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 sandwich makers for creating a cartel (Roland Monterrat / La Toque Angevine / Daunat)
Vaillant Group (Paris)
22 contributions 3481 visits
,
Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2774 visits
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 (...)

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)
France 63 contributions 13618 visits
,
Baudelin Avocat (Paris)
France 27 contributions 9789 visits
,
Mayer Brown (London)
United Kingdom 43 contributions 18267 visits
…
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 French Competition Authority fines three industrial sandwich manufacturers €24.5M for an anticompetitive agreement (Roland Monterrat / La Toque Angevine / Daunat)
French Competition Authority (Paris)
France 748 contributions 411055 visits
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 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)
Germany 14 contributions 5306 visits
,
McDermott Will & Emery (Paris)
France 28 contributions 4357 visits
,
Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 99382 visits
…
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 (...)

The EU Court of Justice reduces the fine imposed on a company in the steel abrasives cartel case (Pometon)
Van Bael & Bellis (Brussels)
Belgium 61 contributions 26495 visits
,
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7786 visits
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 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)
Finland 23 contributions 3096 visits
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 (...)

The Czech Competition Authority sanctions a bid-rigging agreement on projecting high-speed rails (Sudop / VUZ)
Bird & Bird (Prague)
Czech Republic 25 contributions 4475 visits
,
Dentons (Prague)
Czech Republic 14 contributions 3331 visits
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 imposes fines for companies active in the video games sector for geo-blocking practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)
Allen & Overy (Brussels)
Belgium 28 contributions 3394 visits
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 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)
Belgium 1368 contributions 2943698 visits
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 (...)

The EU Commission publishes its decision which finds that a video games distribution platform and a video games publisher had partitioned the internal market through concerted practices to restrict competition outside certain EU member states (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)
Clifford Chance (London)
United Kingdom 2 contributions 192 visits
,
Clifford Chance (London)
United Kingdom 2 contributions 177 visits
Background On 20 January 2021, the European Commission ("Commission") announced its decision that Valve Corporation ("Valve"), the owner of the "Steam" video game distribution platform, and five PC video game publishers had partitioned the internal market by entering into bilateral (...)

The Polish Competition Authority fines several fitness chains for collusion (Benefit Systems / Bartosz Gibała / Platinium Wellness)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22831 visits
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)
Singapore 15 contributions 16587 visits
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)
Belgium 12 contributions 22103 visits
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)
Finland 23 contributions 3096 visits
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 an IT cartel agreement (Autocont / Tesco / Asseco Central Europe)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6709 visits
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)
Singapore 15 contributions 16587 visits
On 4 December 2020, Singapore’s Competition Appeal Board (CAB) reduced penalties imposed on eight out of thirteen distributors of fresh chicken found to have engaged in cartel conduct in September 2018. The reduction in fines ranged from 20% to 70%. What you need to know - key takeaways (...)

The Lithuanian Competition Authority reduces fines imposed on a cartel of cinema companies as a measure against the COVID-19 pandemic (Theatrical Film Distribution / NCG Distribution / Forum Cinemas)
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20927 visits
As a Result of COVID-19 Pandemic, Lithuanian Competition Council Reduces Fines Imposed on Cinema Companies That Formed Cartel* The Lithuanian competition authority Konkurencijos taryba has found that the film distributor Theatrical Film Distribution and the firms NCG Distribution and Forum (...)

The Lithuanian Competition Authority reduces fine for price fixing due to the effects of COVID-19 pandemic (Theatrical Film Distribution / NCG Distribution / Forum Cinemas)
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21460 visits
It was a classic case of a price fixing cartel brought to the competition authority’s attention by a potential victim. The Lithuanian competition authority, Konkurencijos taryba, or Competition Council of the Republic of Lithuania (‘Competition Council’), announced on 25 November 2020 that (...)

The Polish Competition Authority fines a music manufacturer for setting minimum online resale prices (Yamaha Music Europe)
Van Bael & Bellis (Brussels)
Belgium 1 contribution 122 visits
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 (...)

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)
Japon 140 contributions 25029 visites
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 (...)

The UK Competition Authority issues fines of over £9 million for roofing lead cartel (Associated Lead Mills / BLM British Lead)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105109 visits
CMA issues fines of over £9m for roofing lead cartel* The CMA has imposed fines totalling more than £9m on 2 of the UK’s largest suppliers of rolled lead, for breaking competition law. Following an investigation into suspected cartel conduct, the Competition and Markets Authority (CMA) (...)

The UK Competition Authority fines two suppliers of rolled lead £9.5M for entering into anticompetitive arrangements (Associated Lead Mills / BLM British Lead)
Government Legal Department (London)
United Kingdom 18 contributions 2554 visits
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 EU Court of Justice AG Hogan recommends reducing fine imposed on a company in steel abrasives cartel case (Pometon)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95410 visits
,
Aquis Exchange
United Kingdom 12 contributions 2201 visits
,
Van Bael & Bellis (Brussels)
Belgium 35 contributions 6309 visits
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 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)
Romania 160 contributions 29496 visits
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 (...)

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)
Belgium 1368 contributions 2943698 visits
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 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)
KU Leuven
Belgium 15 contributions 3504 visits
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 (...)

The Austrian Cartel Court finds musical instrument manufacturer guilty of price fixing (Roland Germany)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
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 (...)

The Danish Competition Authority fines a design company for dictating prices (GUBI)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36466 visits
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 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)
Spain 143 contributions 31821 visits
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 (...)

The Italian Competition Authority fines four taxi firms for foreclosure of open platforms (Consortaxi / Taxi Napoli / Radio Taxi Partenope / Desa Radiotaxi)
Herbert Smith Freehills (Milan)
Italy 7 contributions 29754 visits
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)
Poland 120 contributions 22831 visits
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 (...)

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
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 11 contributions 5266 visits
,
Bird & Bird (The Hague)
Netherlands 7 contributions 3938 visits
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, (...)

The Indian Government allows the Tax Department to share information with the Competition Authority, which proceeded to give leniency to the two companies involved in cartel cases in the transport sector during the COVID-19 pandemic (Automotive Bearing / Railway Locomotive)
IndusLaw (Delhi)
3 contributions 1560 visits
,
AZB & Partners (Mumbai)
India 2 contributions 1091 visits
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 (...)

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)
Greece 132 contributions 18613 visits
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 for having colluded and exchanged information on purchase prices (Orbia / Clariant / Celanese / Westlake)
Ashurst (Brussels)
Belgium 45 contributions 46257 visits
,
ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5552 visits
,
Ashurst (London)
United Kingdom 19 contributions 6395 visits
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 in the chemical industry for participating in a cartel aimed at purchasing a product at the lowest possible price (Orbia / Clariant / Celanese / Westlake)
Mayer Brown (London)
United Kingdom 43 contributions 18267 visits
,
Herbert Smith Freehills (Brussels)
Belgium 16 contributions 5259 visits
,
Herbert Smith Freehills (Brussels)
Belgium 4 contributions 612 visits
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 €260 million in cartel settlement for colluding to buy at the lowest possible price (Orbia / Clariant / Celanese / Westlake)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
Antitrust: Commission fines ethylene purchasers € 260 million in cartel settlement* The European Commission has fined Orbia, Clariant and Celanese a total of € 260 million for breaching EU antitrust rules. Westlake was not fined as it revealed the cartel to the Commission. The companies (...)

The EU Commission fines ethylene purchasers €260 million in a cartel settlement (Orbia / Clariant / Calanese / Westlake)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95410 visits
On 14 July 2020, the European Commission (the “Commission”) announced that it had adopted a decision fin‐ ing three ethylene purchasers a total of € 260,443,000. The companies concerned namely, Orbia (Mexico), Clari‐ ant (Switzerland), Calanese (United States) and Westlake (United States), (...)

The Indian Competition Authority issues for the second time in a cartelization case a cease and desist order with no penalty against 10 suppliers of brake blocks for alleged bid-rigging (Chief Materials Manager, South Eastern Railway / Hindustan Composites)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10788 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10857 visits
Two of the final orders recently pronounced by the CCI finding parties in violation of the cartel and bid-rigging provisions of the Competition Act, 2002 (“Act”) have come as a surprise to many. While the CCI found clinching evidence regarding the existence of an agreement to cartelize and (...)

The Indian Competition Authority refuses to penalize railway companies for bid-rigging due to the economic downturn caused by COVID-19 (Chief Materials Manager, South Eastern Railway / Hindustan Composites)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8885 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10788 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10857 visits
…
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 (...)

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)
Ikigai Law (New Delhi)
1 contribution 755 visits
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 refrains from imposing fines and imposes a cease and desist order on multiple rail companies found 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)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18882 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20936 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19841 visits
…
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 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)
Spain 170 contributions 47329 visits
,
Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4239 visits
,
Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22350 visits
…
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 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)
Luxembourg 64 contributions 32645 visits
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 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)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10788 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10857 visits
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 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)
India 84 contributions 8885 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10788 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10857 visits
…
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 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)
Khaitan & Co (Mumbai)
India 6 contributions 1670 visits
,
3 contributions 857 visits
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 Spanish Supreme Court sheds light on the liability of cartel members not directly active in the relevant market (FENIN)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47329 visits
,
Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4239 visits
,
Latham & Watkins (Brussels)
Belgium 24 contributions 3400 visits
…
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 (...)

The Slovak Competition Authority imposes fines totaling €6.7 million for a cartel agreement between dealers of motor vehicles (Volkswagen)
Bird & Bird (Bratislava)
Slovakia 1 contribution 199 visits
,
Bird & Bird (Prague)
Czech Republic 25 contributions 4475 visits
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 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)
Belgium 1 contribution 284 visits
,
Ashurst (Brussels)
Belgium 45 contributions 46257 visits
,
Ashurst (Brussels)
Belgium 37 contributions 9317 visits
…
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 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)
Belgium 391 contributions 95407 visits
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 (...)

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)
Belgium 175 contributions 58670 visits
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 (...)

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)
Belgium 1368 contributions 2943842 visits
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 (...)

The Polish Competition Authority imposes a fine on a manufacturer of office equipment for setting minimum online sale prices for its printers (Brother)
Bird & Bird (Warsaw)
Poland 19 contributions 3100 visits
,
Bird & Bird (Warsaw)
Poland 19 contributions 3100 visits
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, (...)

The Polish Competition Authority imposes a €325K fine on an office equipment maker for engaging in online retail price maintenance (Brother)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58670 visits
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 (...)

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)
Belgium 20 contributions 5697 visits
,
Norton Rose Fulbright (Brussels)
Belgium 38 contributions 7537 visits
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 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)
Belgium 175 contributions 58670 visits
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 (...)

The EU Commission imposes a €14.3 million fine on a film and TV production company for restricting sales of licensed film merchandise (NBCUniversal)
Allen & Overy (Brussels)
Belgium 28 contributions 3394 visits
,
Bird & Bird (Brussels)
Belgium 42 contributions 12538 visits
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 fines €14.3 million a film production company for restricting the sale of merchandising products (NBCUniversal)
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3817 visits
,
Linklaters (London)
United Kingdom 34 contributions 3294 visits
,
Zepos & Yannopoulos (Athens)
Greece 29 contributions 2587 visits
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 €14.3 million a film and TV production company for restricting intellectual property licensing (NBCUniversal)
Ashurst (Brussels)
Belgium 37 contributions 9317 visits
,
ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5552 visits
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 fines a film and TV production company for implementing territorial and online sale restrictions through merchandising license agreements (NBCUniversal)
SCHULTE RECHTSANWÄLTE. Rechtsanwaltsgesellschaft mbH
1 contribution 253 visits
,
Liège University
Belgium 2 contributions 854 visits
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 (...)

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)
Hungary 18 contributions 2480 visits
,
Bird & Bird (Budapest)
Hungary 16 contributions 2228 visits
The Hungarian Competition Authority (’’GVH’’) fined several undertakings which were found to have shared amongst themselves the EU-funded public procurement tenders for diagnostic imaging (MRI, CT and X-ray) equipment in Hungary in 2015. The total fine amounts to EUR 4.8 million, with GE (...)

The EU Commission updates its Guidance on the practice and policy of obtaining leniency in cartel cases
Mayer Brown (London)
United Kingdom 43 contributions 18267 visits
,
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74403 visits
,
Herbert Smith Freehills (Brussels)
Belgium 3 contributions 803 visits
Seeking to clarify its policy and encourage leniency applicants to come forward, the European Commission ("Commission") has published new guidance on its approach to leniency and its Leniency Notice. The new guidance comes in the form of Frequently Asked Questions ("FAQs"). The FAQs provide (...)

The EU Court of Justice partially annuls a judgment of the General Court reducing to €2.6M the fine imposed on a company for its participation in the steel abrasives cartel (Pometon)
Mayer Brown (London)
United Kingdom 43 contributions 18267 visits
,
Herbert Smith Freehills (Brussels)
Belgium 16 contributions 5259 visits
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 (...)

Unilateral Practices

 The Croatian Competition Authority fines a supermarket €15K for imposing unfair trading practices on one of its fresh meat suppliers (Plodine)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20019 visits
CCA fines retailer PLODINE d.d. EUR 15,000 for imposing unfair trading practices* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and (...)

The New Caledonian Competition Authority fines a company for abuse of dominance in the market for the supply of fireworks (Interdis)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3783 visits
The ACNC sanctions an abuse of dominant position in the fireworks sector* The Authority sanctions the company Interdis for having exploited, in an abusive manner, its monopoly position on the market for the supply of pyrotechnic products in New Caledonia, through practices of implicit (...)

The Hungarian Competition Authority fines a Dutch-owned multinational beer company for establishing an exclusive supplier cooperation with a restaurant (Heineken / Woda)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19899 visits
GVH fines, injunctions and commitments for Heineken* Heineken will have to pay a fine of HUF 15 million for narrowing the range of beer selection on the Hungarian market. Heineken will also have to set up a compliance programme with its HORECA partners to consciously avoid clauses that (...)

The Czech Competition Authority fines a cartel of regional construction companies for bid rigging in a building revitalisation project (Aostav / Efios / Heryan / K. K.)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6709 visits
THE OFFICE PUNISHED A CARTEL OF REGIONAL CONSTRUCTION COMPANIES* In its first-instance decision, the Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed fines in the aggregate amount of CZK 3,157,000 on the undertakings aostav s.r.o., EFIOS stavební (...)

The Croatian Competition Authority fines a supermarket for imposing unfair trading practices on a fresh egg supplier in the business-to-business food supply chain (Trgocentar)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20019 visits
CCA fines TRGOCENTAR from Zabok EUR 13,272 for imposing unfair trading practices* The Croatian Competition Agency (CCA) fined Trgocentar d.o.o., Zabok HRK 100,000 (EUR 13,272.28) for the serious infringement of the Croatian Act on the prohibition of unfair trading practices in the (...)

The New Caledonian Competition Authority fines a funeral company for abusing its dominant position by implementing a confuse and capture strategy (Transfunéraire)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3783 visits
Sanction of the company Transfunéraire for abuse of a dominant position in the funeral directors sector (decision no. 2022-PAC-03 of May 17, 2022)* In its decision n° 2022-PAC-03 of May 17, 2022, the Competition Authority sanctions the company Transfunéraire, on the basis of article Lp. (...)

The New Caledonian Competition Authority sanctions a funeral director for abusing its dominant position and cartelisation (Pompes Funèbres / AZ Décès)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3783 visits
Penalty of the company Pompes Funèbres Calédoniennes (PFC) for abuse of a dominant position and for an agreement with the company AZ Décès (decision no. 2022-PAC-02 of May 17, 2022)* In its decision n° 2022-PAC-02 of May 17, 2022, the Authority sanctions the company Pompes Funèbres (...)

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 from wrongful assessment of abuse of dominant position in the Slovak market for broadband (Deutsche Telekom)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32645 visits
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)
Belgium 45 contributions 46257 visits
,
Ashurst (Milan)
Italy 103 contributions 30327 visits
,
Ashurst (Brussels)
Belgium 12 contributions 6512 visits
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)
United Kingdom 14 contributions 2611 visits
,
Ashurst (London)
United Kingdom 19 contributions 6395 visits
,
Ashurst (London)
United Kingdom 3 contributions 693 visits
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)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105116 visits
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) (...)

The US DoJ announces that a ready-mix concrete company admitted to fixing prices and rigging bids (Argos USA)
US Department of Justice (Washington)
United States 181 contributions 80287 visits
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 (...)

The Romanian Competition Authority fines an online marketplace for abusing its dominant position (Dante International)
KU Leuven
Belgium 15 contributions 3504 visits
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)
Czech Republic 25 contributions 4475 visits
,
Dentons (Prague)
Czech Republic 14 contributions 3331 visits
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"), (...)

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)
Croatia 120 contributions 20019 visits
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 (...)

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)
Turkey 173 contributions 84346 visits
,
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4608 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 3092 visits
…
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 EU General Court maintains the Commission’s decision finding that a Lithuanian railway company abused its dominant position in the national rail freight sector (Lietuvos geležinkelai)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7786 visits
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 (...)

The EU General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position in the national rail freight market (Lietuvos geležinkelai)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32645 visits
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 Polish Competition Authority fines a manufacturer of musical equipment for resale price maintenance (Yamaha Music Europe)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22831 visits
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 (...)

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)
Turkey 173 contributions 84346 visits
,
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4608 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 3092 visits
(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 (...)

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)
Italy 19 contributions 4229 visits
,
Luiss Guido Carli University (Rome)
Italy 27 contributions 5644 visits
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 (...)

Mergers

 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)
France 1 contribution 345 visits
,
White & Case (Paris)
France 10 contributions 3713 visits
,
Schibsted (Oslo)
Norway 26 contributions 17344 visits
…
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 French Competition Authority fines an undertaking active in the spirits market for gun jumping (Cofepp / Marie Brizard Wine & Spirits)
French Competition Authority (Paris)
France 748 contributions 411055 visits
The Autorité fines Cofepp for acquiring control of MBWS without prior notification of the transaction and without waiting for its decision* Background The Autorité de la concurrence has fined Cofepp (Poliakov, Label 5, Cruz, Saint James, Old Nick, etc.) for acquiring control of Marie (...)

The 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)
Belgium 62 contributions 28797 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33323 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60711 visits
…
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 (...)

The Austrian Competition Authority fines a Big Tech company for gun jumping (Facebook / Giphy)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
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 (...)

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)
Norway 34 contributions 3898 visits
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)
Municipality of Cagliari
168 contributions 134413 visits
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 (...)

The Czech Supreme Administrative Court rejects the moderation of a fine imposed for gun jumping in the energy sector (Armex Oil)
Skils (Prague)
Czech Republic 35 contributions 26248 visits
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 a lower court’s decision to reduce a gun jumping fine to a disproportionate level (Armex Oil)
Bird & Bird (Prague)
Czech Republic 25 contributions 4475 visits
,
Dentons (Prague)
Czech Republic 14 contributions 3331 visits
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 instalments to avoid negatively affecting the hospital’s operations during the COVID-19 pandemic (Hospital Particular do Algarve / Hospital São Gonçalo de Lagos)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30247 visits
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 instalments due to the COVID-19 pandemic (Hospital Particular do Algarve / Hospital São Gonçalo de Lagos)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72754 visits
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 (...)

Procedures

 The Turkish Competition Authority publishes pioneer decisions on simultaneous implementation of leniency and settlement procedures (Beypazarı) (Kınık)
ACTECON (Istanbul)
Turkey 12 contributions 4308 visits
,
ACTECON (Istanbul)
Turkey 5 contributions 1827 visits
,
ACTECON (Istanbul)
Turkey 2 contributions 497 visits
…
Following the introduction of the settlement procedure, the number of undertakings applying for settlement has been increasing consistently. In this respect, the Turkish Competition Authority’s (“TCA”) evaluations regarding the implementation of the settlement procedure have become an object (...)

The Spanish Competition Authority announces its intention to start including directly in its decisions the scope and duration of procurement bans imposed on parties involved in cartel infringements
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31757 visits
,
Herbert Smith Freehills (Madrid)
Spain 12 contributions 2192 visits
,
Herbert Smith Freehills (Madrid)
Spain 5 contributions 815 visits
On 24 November 2022, Spain’s National Markets and Competition Commission (Comisión Nacional de los Mercados y la Competencia, “CNMC”) announced its intention to start including directly in its decisions the scope and duration of procurement bans imposed on parties involved in cartel (...)

The Lithuanian Competition Authority updates the fine-setting procedure by improving the incentive to cooperate with the Competition Authority during infringement investigations
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20927 visits
PROCEDURE FOR SETTING FINES FOR COMPETITION LAW INFRINGEMENTS HAS BEEN IMPROVED* Today the Lithuanian Government adopted a resolution approving the description of the procedure for setting fines for infringements of the Law on Competition. A more detailed regulation of the methodology for (...)

The EU Commission publishes Guidance on its leniency policy and practice
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95407 visits
On 25 October 2022, the European Commission (“Commission”) published a Frequently Asked Questions (“FAQ”) document containing guidance on its cartel leniency programme. The document aims at facilitating leniency applications by providing further transparency, predictability and accessibility (...)

The EU Commission provides guidance on its leniency policy and practice
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943842 visits
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)
France 748 contributions 411055 visits
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 (...)

The EU Court of Justice dismisses an appellant’s plea to adjust its ranking in a leniency process and to receive partial immunity for its participation in a car battery recycling cartel (Recylex)
Covington & Burling (Brussels)
Belgium 49 contributions 18342 visits
,
Covington & Burling (Brussels)
Belgium 6 contributions 1262 visits
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 (...)

The Polish Competition Authority publishes its guidelines on the rules for imposing and calculating fines for companies breaching competition law
Bird & Bird (Warsaw)
Poland 19 contributions 3100 visits
,
Bird & Bird (Warsaw)
Poland 19 contributions 3100 visits
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 Swedish Competition Authority introduces new amendments to the procedure for determining fines for competition law infringements
Bird & Bird (Copenhagen)
Denmark 9 contributions 4001 visits
,
Bird & Bird (Copenhagen)
Denmark 36 contributions 8354 visits
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 a companies seeking to obtain a fine reduction in cartel cases must show evidence of active rejection of the cartel (Goodmills Deutschland / Grands moulins de Paris)
Herbert Smith Freehills (Paris)
France 63 contributions 13619 visits
,
Baudelin Avocat (Paris)
France 27 contributions 9789 visits
,
Mayer Brown (London)
United Kingdom 43 contributions 18267 visits
…
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 England & Wales Court of Appeal dismisses an appeal relating to the evidential weight to be given to recitals in EU Commission infringement decisions issued under the settlement procedure (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2628 visits
,
Ashurst (London)
United Kingdom 7 contributions 1441 visits
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 England & Wales 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)
United Kingdom 5 contributions 3248 visits
,
Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 38714 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8924 visits
…
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 (...)

The UK Competition Authority lowers discount in fines for resale price maintenance leniency applicants
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8220 visits
,
Van Bael & Bellis (Brussels)
Belgium 62 contributions 15407 visits
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 Chinese Competition Authority publishes anti-monopoly guidelines on leniency and commitments
Jones Day (Shanghai)
China 51 contributions 24153 visits
,
Jones Day (Beijing)
China 44 contributions 21129 visits
,
Jones Day (Beijing)
China 13 contributions 2699 visits
…
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 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)
Lithuania 107 contributions 20927 visits
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 US DoJ welcomes the Congressional reauthorization of the Antitrust Criminal Penalty Enhancement and Reform Act
US Department of Justice (Washington)
United States 181 contributions 80287 visits
Department of Justice Applauds Congressional Passage Of Reauthorization Of The Antitrust Criminal Penalty Enhancement And Reform Act* On June 25, the U.S. House of Representatives and Senate passed identical bills, H.R. 7036 and S. 3377, to repeal the sunset provision of the Antitrust (...)

The US Congress approves the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8692 visits
,
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5782 visits
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 Spanish Competition Authority publishes guidelines on compliance programs
Ashurst (Madrid)
Spain 14 contributions 2387 visits
,
Spanish Competition Authority (CNMC) (Madrid)
Spain 8 contributions 1500 visits
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 (...)